Maine Liquor Law Enforcement

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Maine Liquor Law Enforcement

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1. Maine Liquor Law Enforcement

3. Section 2051 - Prohibited Acts by Minors Minors May Not: Consume liquor or imitation liquor except in a home in the presence of their parent/legal guardian. Give false oral/written evidence of age while attempting to purchase liquor or imitation liquor or for the purpose of gaining entrance into a bar. Possess liquor or imitation liquor except in a home in the presence of their parent/legal guardian or in the scope of their employment.

4. Prohibited Acts Continued Minors May Not: Possess false identification or furnish false identification to a minor. Possess equipment used for manufacturing or marketing beer or wine except in the minor’s own home under the supervision of his/her parent or legal guardian or within the scope of their employment.

5. Prosecution Tips Why was the minor checked. Youthful appearance or other violation Verify the DOB and age other than with a License or ID. Eliminate any affirmative defenses. Possession by Consumption – “How much have you had to drink?”, “Where have you been drinking?”, “Were your parents there?” Etc. Possession - Define the proximity and control of the alcohol by the minor. If the minor is in a home , “Are your parents here?”

6. Penalties For Illegal Possession For minors 18, 19 and 20 years old, a violation of section 2051 is a civil violation punishable by the following: 1st Offense - $200 to $400 fine 2nd Offense - $300 to $600 fine 3rd and Subsequent Offense - $600 fine A violation of giving false oral or written information also may include a license suspension of: 1st Offense 30 days 2nd Offense 90 days 3rd Offense 1 year (Minor may be charged with only one violation under any one set of circumstances.) For juveniles 17 years old and under, a violation of section 2051 is a juvenile crime (non arrestable). The minor’s parent must be given notice of the violation.

7. Section 2052 – Illegal Transportation No minor may knowingly transport liquor. Exceptions: Scope of their employment. At the request of a parent or legal guardian. Liquor must be within the passenger’s or driver’s section, unless minor had knowledge of presence. A locked glove box or trunk may not be construed as the passenger compartment. .

8. Prosecution Tips Note the reason for the stop, i.e. youthful appearance or other violation. Establish knowledge by the minor of the presence of alcohol if alcohol is bagged or outside the passenger or driver’s section of the car. “Who’s beer is it?”, “Why are you transporting alcohol?”

9. Penalties for Illegal Transportation by a Minor Civil Violation for any person under the age of 21. 1st Offense - up to a $500 fine 2nd Offense - not less than $200 3rd Offense - not less than $400 Mandatory license suspension 1st Offense 30 days 2nd Offense 90 days 3rd Offense 1 year For juveniles 17 years old and under, a violation of section 2052 is a juvenile crime (non arrestable). The minor’s parent must be given notice of the violation. (A minor cannot be charged with both illegal possession and illegal transportation; if the minor is illegally transporting liquor, the minor must be charged with transportation, not possession.)

10. Section 2081 - Furnishing or Allowing Consumption Prohibited No person may knowingly: Furnish liquor to a minor or allow possession or consumption of liquor by a minor under their control or in a place under their control. Furnish liquor to a visibly intoxicated person. Furnish imitation liquor to a minor or allow possession or consumption of imitation liquor by a minor under their control or in a place under their control.

11. Exceptions to Furnishing This section does not apply to licensees or their agents selling in the scope of their employment. This section does not apply to a person who serves liquor or imitation liquor to a minor in a home in the presence of the minor’s parent or legal guardian.

12. Prosecution Tips Eliminate exceptions. Must prove a minor possessed or consumed alcohol. Must prove that the individual furnishing or providing a place, knew they were furnishing or proving a place to a minor. Proper questioning and circumstances. Must prove the premise is under their control. Obtain thorough statements from the minors. Obtain thorough information about the minors. (Name, DOB, address, phone, mother and father, school, etc)

13. Penalties For Furnishing Liquor Whoever furnishes or allows possession/consumption of liquor to or by a minor commits a Class D Crime. Whoever furnishes liquor to a visibly intoxicated person or furnishes imitation liquor or allows possession/consumption to or by a minor commits a Class E Crime. Whoever furnishes or allows possession/consumption of liquor to or by a minor commits a Class C Crime if the consumption of the liquor causes serious bodily injury or death. 2nd Offense within 6 years mandatory $500 minimum. 3rd Offense within 6 years mandatory $1000 minimum. Furnishing to a minor under 14 YOA $500 minimum.

14. Section 2078 – Illegal Sale of Liquor Any person who sells or any person whose employee or agent sells or aids or assists in the sale of liquor within the State without a valid liquor license commits a Class E crime. Agents or employees equally guilty.

15. Penalties for Illegal Sale of Liquor Class E Crime 1st Offense - fine of not less than $300 nor more than $500 plus cost and up to 30 days in jail. 2nd Offense – fine of not less than $500 nor more than $1000 plus cost and up to 60 days in jail. 3rd & Subsequent Offense – fine of not less than $1000 plus cost and mandatory 60 days minimum in jail and up to 4 months at the discretion of the court.

16. Section 2072 – Possession With The Intent to Sell No Person May: Possess liquor with the intent to sell illegally. Possess liquor with the intent to sell illegally by another. Possess liquor to aid or assist in the illegal sale of liquor.

17. Penalties For Possession With the Intent to Sell Class E Crime Up to 6 months jail. Up to a $1000 fine. (Law is used to seize alcohol at an illegal sale.)

18. Section 714 – Malt Liquor Sale In Kegs All kegs (a container containing at least 7.75 gallons of liquid) sold at retail by an off-premise licensee must have an identifying tag attached. The retailer must require positive identification from the purchaser and keep records indicating the name, address, date of birth and tag number of the keg/kegs purchased.

20. Penalties For Possession Of An Untagged Keg Or Removal Of A Tag From A Keg Possession of an unlabeled keg purchased in this State is a civil violation. A fine of up to $500. Removal or defacing of a keg tag is a Class E crime. Up to 6 months in jail and up to a $1000 fine.

21. Section 2502 - Maine Liquor Liability Act Summary: Any person who recklessly or negligently serves liquor to a minor or visibly intoxicated person, who in turn causes damage or injuries to others, may have action brought against them for up to $250,000 for damages plus medical expenses.

22. Section 2075 – Illegal Importation or Transportation of Spirituous Liquor No person may import spirits into the State or transport spirits that have not been purchased from the State or their agent from place to place within the State in quantities in excess of 4 quarts.

23. Penalties For Illegal Importation or Transportation of Spirituous Liquor Civil violation if less than 10 gallons. Up to a $500 fine. Class E crime if 10 gallons or more. Up to a $1000 fine and up to 6 months in jail.

24. Section 2077 – Illegal Importation or Transportation of Malt Liquor Or Wine No person may import malt liquor into the State or transport from place to place malt liquor that has not been purchased from an off premise retailer within the State in quantities in excess of 3 gallons. No person may import wine into the State or transport from place to place wine that has not been purchased from an off premise retailer within the State in quantities in excess of 4 quarts.

25. Penalties For Illegal Importation or Transportation of Malt Liquor or Wine Civil violation if less than 10 gallons. Up to a $500 fine. Class E crime if 10 gallons or more. Up to a $1000 fine and up to 6 months in jail.

26. Title 17 Section 2003-A Drinking In Public Definitions “Authorized person” means a person having a relationship to the premise which is unique and not shared by the general public. With respect to property owned by another, it includes a tenant, custodian or night watchman. With respect to publicly-owned property, it includes police officers and other public employees charged with the responsibility of maintaining or protecting public property. “Liquor” means and includes any alcoholic, spirituous, vinous, fermented or other alcoholic beverage or combination of liquors and mixed liquors intended for human consumption which contains more than 1/2 of 1% of alcohol by volume.

27. Definitions Continued “Open container” means not having a cap, stopper or other cover in place. “Public place” means: (1) A place owned or operated by a governmental entity to which the public at large or a substantial group has access, including but not limited to: (a) Public ways as defined in Title 17-A, section 505; (b) Schools, government-owned custodial facilities;

28. Definitions Continued (c) The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals; and (d) Public beaches; and (2) Private ways and parking areas physically adjacent to public ways and designed primarily for vehicular traffic.

29. Drinking In Public Crime: A person is guilty of public drinking if the person drinks liquor in any public place within 200 feet of a notice posted conspicuously in the public place by the owner or authorized person that forbids drinking in the public place or after being forbidden to do so personally by a law enforcement officer, unless the person has been given permission to do so by the owner or authorized person. Evidence: The possession of an open container of liquor in a public place is prima facie evidence of a violation of this section.

30. Penalties For Drinking In Public Class E Crime Up to 6 months in jail and up to a $1000 fine.

31. Proper investigation and prosecution of furnishing is important because: It reduces reoccurrence of high-risk drinking It may be the only remedy in third person Liquor Liability Action!

32. Home Parties Open Fields / Pit Parties

33. If you are in the house illegally, YOU HAVE NO CASE AND LOTS OF POTENTIAL PROBLEMS! You may enter a home only if you have: 1. Consent 2. A Warrant 3. Exigent circumstances

34. House Parties Address them early Stay focused on furnishing / high risk drinking Express concern when interviewing or interrogating “I’m concerned about the wellbeing of the people here because these parties can lead to tragic ends.”

35. House Parties Identify the host Remember the elements of the crime A minor possessed, consumed or was furnished liquor without a parent present The host had control of the premise The host had knowledge the minor was in possession The host had knowledge of the age of the minor

36. Questions to ask Host: “I’m concerned about Johnny taking care of himself; how much has he had to drink since he has been here?” “Did you provide the liquor or did he bring it with him?” “How do you know Johnny?” “Are your parents or any parents here?” “Do you live here alone?”

37. Questions to ask the Minor: “Are you sober enough to take care of yourself?” “How much have you had to drink since you’ve been here?” “Do you know Ralphie, are his parents or any parents here?” “How old are you?” “Did you bring your own liquor or was it here?”

38. Open Fields / Pit Parties Ongoing potential party site – establish a timetable and responsibilities for participating officers, prosecutors, parents, school officials, etc. Recon Team Contact Team Cover Team

39. Recon Team Secure a covered perimeter with cameras, binoculars, phones, radio, etc (blend in, Hiram Falls) Responsible to inform Contact Team of violations, when to approach, how to approach, gather evidence and assist with cover on close out

40. Contact Team Approach with low profile, identify and summons violators with an emphasis on the furnishers Questions similar to house parties Express concern – “We’re here because of the high risk behavior.” Primary enforcement

41. Cover Team Cover the Contact Team Secure egress to the scene Stop and identify witnesses as they “retreat” Check for illegal transportation out of the scene (get the booze - got the party)

42. Open Fields / Pit Parties Ongoing parties Handle the same as a preemptive strike only attempt to get a Recon Team in prior to making contact to provide information about possession, furnishing, etc.

43. Follow Through Contact the parents Review the detail, what went well, what didn’t Do the reports !!!

44. Reports Use your department’s reporting format Attach a synopsis Attach a comprehensive witness list Attach witness statements in sequence with synopsis and witness list

45. Synopsis On Saturday May 24, 2003 at about 11:00 PM, Ralph Smith hosted a party at his home where he allowed 18 year old John Doe to consume 2 – 12oz. Budweiser beers, 17 year old Jane Bean to consume 12 – 12oz. Cans of Schlitz beer and allowed 10 year old Susan Bean to consume 1 – 12oz. Bottle of Old Goat Wiz wine cooler.

46. Witness List John Doe DOB 12/12/84 age 18 - consumed 2-12 cans of Budweiser beers 13 Snake Back Road Podunk, Maine 04000 Phone # 555-1234 Occupation; Student Podunk High Parents: Jake and Flake Doe – contacted: yes Jane Bean DOB 12-12-85 age 17 - consumed 12-12oz. cans of Schlitz beers 20001 Hog Fat Hill Road Sebago, Maine 03000 Phone # 555-2345 Occupation: House wife (single) Parents: Jim Bean & Zelda Warthog - contacted: yes Susan Bean DOB 05/23/93 age 10 - consumed 1- 12 oz. bottle of “Old Goat Wiz” wine 20001 Hog fat Hill Road cooler Sebago, Maine 03000 Phone # 555-2345 Occupation: Student Hog Fat Middle School Parents: Jim Bean & Flake Doe – contacted - yes

47. Witness Statements Interview Written

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