Administrative Liquor Violations. Maine Bureau of Alcoholic Beverages & Lottery Operations Liquor Licensing and Enforcement Division

Transcription

1 Administrative Liquor Violations Maine Bureau of Alcoholic Beverages & Lottery Operations Liquor Licensing and Enforcement Division

2 MEMORANDUM OF UNDERSTANDING The purpose of the Memorandum is to establish a framework for cooperation between the Bureau of Alcoholic Beverages and Lottery Operations, Liquor Licensing & Enforcement Division with State, County and Municipal Law Enforcement Agencies to strengthen efforts to coordinate enforcement of administrative violations in relation to liquor.

3 Scope of Authority Grants authority for officers to enter establishments licensed to sell liquor to check for certain administrative violations found in Title 28-A and the Rules and Regulations of the Bureau of Alcoholic Beverages, and to issue Administrative Summons for violations that the officers have discovered.

4 Scope of Authority continued The MOU agreement authorizes officers to issue summonses and enforce those laws & rules listed in the Memorandum of Understanding between their agency and the Division of Liquor Licensing and Enforcement.

5 Liquor Licensing & Enforcement Staff

6 Website: Once at our site click on Liquor License Status Search

7 Type in License Number, Account Name, Street Address and or the City/Town Then click search

8 Click on any license you would like to research

9 This is the information available for this license

10 LICENSED ESTABLISHMENT: Licensed establishment means premises to which a license for the sale of spirits, wine or malt liquor to be consumed on or off the licensed premises applies, and any person or organization which is licensed to sell spirits, wine or malt liquor I the times, places and manners as specified in the license.

11 LICENSEE: The person to whom a license of any kind is issued by Liquor Licensing. EMPLOYEE: Clerks, servants or agents of the licensed establishments, whether being paid or volunteering, are considered to be employees.

12 Retail liquor license with retail malt & wine

13 Agency liquor store with malt & wine Reselling Agent

14 OFF PREMISE LICENSE Agency stores with malt and wine Selling Spirits (hard liquor), Malt & Wine Wholesaler Pine State, Nappi, Central, etc. Retail Stores Shaw's, Hannaford, Big Apple and Mom and Pop Stores

15 Class 1 Spirit, Vinous, & Malt Class A Restaurant

16 Class XI Spirituous, Vinous, & Malt Liquor Restaurant/Lounge

17 ON PREMISE LICENSE Airlines & International Air Terminals Auditoriums Bowling Centers Bed & Breakfasts Civic Auditoriums Clubs Clubs with Catering Curling Clubs Dining cars and Passenger cars

18 On Premise Licenses continued Golf Clubs, Mobile Golf Carts, Auxiliary Hotel (LOUNGE NO MINORS) Incorporated Civic Organization Indoor Ice Skating Clubs Indoor Racquet Club Class A Lounge (NO MINORS) Outdoor Stadium Performing Arts Centers Catering & Qualified Catering Services

19 On Premise Licenses continued Restaurants, Class A Restaurant, Class A Restaurant/Lounge Tavern (NO MINORS) Vessels Pool Halls Auxiliary Licenses: Ski Areas, Golf Course and Golf Course Mobile Service Cart / Bar

20 Licenses continued On or Off Premise: Brewery Small Maine Brewery / Winery / Distiller Farm Wineries Farmer s Markets Rectifiers Wholesalers & Distributors Certificate of Approval Holders Direct Ship Wineries Taste Testing's & Special Taste Testing Events

21 Penalties Fine $50 to $1500 per Violation Licensee & Employee(s) License Suspension License Revocation

22 Violations covered under a standard MOU agreement

23 Common Violations Sale of Liquor to a minor (Retail) Title 28-A M.R.S.A., Sec 705(2)(E) (On-Premise) Title 28-A M.R.S.A., Sec 705(3)(E) (Agency) Title 28-A M.R.S.A., Sec 354 Violation Wording Did sell liquor to a minor, to wit: John Q. Public, DOB/10-21-XX, age 19

24 Licensee Requirement to Verify Age Title 8-A Section A licensee or licensee's employee or agent may not sell, furnish, give or deliver liquor or imitation liquor to a person under 27 years of age unless the licensee or licensee's employee or agent verifies the person is not a minor by means of reliable photographic identification containing that person's date of birth. (This is a companion case for minor violations) Violation wording Did fail to verify the age of an individual under 27 years of age, to wit: John Doe DOB 11/2/2000, age 16

25 Common Violations continued Allowing Possession/Consumption by a Minor Title 28A M.R.S.A., sec 705(4) Violation wording: Did allow a minor to possess/consume liquor, to wit: John Q. Public, DOB/8-21-XX, age 19

26 Minors Remember: *Furnishing*, if a friend bought them the drink.

27 Common Violations continued Minor to Resort / Remain (Class A Lounge) Title 28-A M.R.S.A., sec 1065(4) (Hotel Lounge) Title 28-A M.R.S.A., sec 1061(2) ( Tavern) Title 28-A M.R.S.A., sec 1066-A (2) Violation wording: Did allow a minor to remain on the premise of a (lounge or hotel lounge), to wit: John Q. Public DOB/9-21-XX, age 19

28 . Definitions Level of Intoxication SHOWING THE EFFECTS any appreciable level of intoxication. VISIBLY INTOXICATED A state of intoxication accompanied by a perceptible act, a series of acts or the appearance of an individual which clearly demonstrates a state of intoxication.

29 VIP Visibly Intoxicated Person Not BAC (Blood Alcohol Content) An individual s blood alcohol level in and of itself does not prove VIP. You must define visible intoxication by describing gate, speech, appearance and behavior which clearly demonstrates a state of intoxication. If investigating the violation after the fact, you must prove the VIP purchased, consumed or remained on the premise at that elevated level of intoxication (the fact that they are dead ass, staggering drunk at the crash site does not mean they were in that state at the premise for the purpose of a violation).

30 Common Violations continued Sale to a VIP (Retail) Title 28-A M.R.S.A., sec 705(2-A) (On-Premise) Title 28-A M.R.S.A., sec 705 (3-A) (Agency) Title 28-A M.R.S.A., sec 354 Violation Wording: Did sell liquor to a visibly intoxicated person, to wit: John Q. Public, DOB

31 Common Violations continued VIP to Consume Chapter 102, rule 1 Violation Wording: Did allow a visibly intoxicated person to consume liquor, to wit: John Q. Public DOB/10-25-XX

32 Common Violations continued VIP to Remain Chapter 101, Rule 8 Violation wording: Did allow a visibly intoxicated person to remain on the licensed premise. ( *Exception ) *policy and log book

33 BAC Blood Alcohol Level

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35 Certain types of licensed premises have food requirements

36 Common Violations continued Consumption/Possession After Legal Hour Title 28-A MRS Section 4 (2) Violation Wording: Did allow consumption/possession of liquor after the legal hour, to wit: 2:30am Sale after Legal Hour Title 28 A Section 4 1 Violation Wording: Did sell liquor after the legal hour, to wit: 2:30am

37 Legal Hours of Sales Hours of Sale 5am to 1am New Years 5 am to 2 am Possession / Consumption 1:15 am New Years 2:15 am State gives a 15 minute grace period Violation cannot be cited until: sale 1:15 (2:15) Possession / Consumption 1:30 (2:30)

38 Age of Employee Under age 15 NO direct contact with liquor in any manner (including licensee s children.) Age 15 & 16 Indirect handling of liquor only stocking coolers, bus tables, bagging liquor Age 17+ to Sell or Serve Can make liquor sales or service in the presence of an employee who is at least 21 years old and in a supervisory capacity.

39 Common Violations continued Employee- underage (Retail) Title 28-A MRS Section 1202 (1) or (2) (On-Premise) Title 28-A MRS Section 704 (1) (Agency) Chapter 14, rule 7 Violation Wording: (Retail / Off Premise) Did allow an underage employee to accept payment for liquor OR Did allow an underage employee to accept payment for liquor without the presence of a 21 year old supervisor. (On Premise) Did allow an underage employee to serve / sell liquor OR Did allow an underage employee to serve / sell liquor without presence of a 21 year-old supervisor.

40 Common Violations continued Consumption on Retail Premise/Sale for Consumption on a Retail Premise (Consumption) Chapter 103, Rule 3 (Sale for Consumption) Title 28-A MRS 1201(3) Violation Wording: Did allow consumption of liquor on a retail premise Did sell liquor to be consumed on the retail premise or

41 Common Violations continued Entertainers/ Employees consuming while performing ( exception owner may consume ) Chapter 101, Rule 8 Violation Wording: Did allow an entertainer to consume liquor while performing or Did allow an employee to consume liquor while working

42 Entertainers Can drink on a bona fide break while not on stage; however, they can not show the effects.

43 Common Violations continued Licensee/Employee Showing Effects Title 28-A Chapter 1, rule 8 Violation Wording: Did allow an employee to show the effects of liquor while on duty or Licensee did show the effects of liquor.

44 Common Violations continued Allowing an Illegality Chapter 101, rule 13 (must also site law violated) Violation Wording: Did allow an illegality on a licensed premise, to wit: (Title, section, wording) i.e.: To wit: 22 M.R.S.A., sec 1542(1) Smoking in a public place

45 Common Violations continued Sale After Legal Hour Title 28-A MRS Section 4 (1) Violation Wording: Did sell liquor after the legal hour, to wit: 2:30am

46 Common Violations continued Refusing Inspection Title 28-A MRS Section 12 No licensee may refuse representatives of the Bureau the right at any time to inspect the entire licensed premise or to audit the books and records of the licensee. Violation Wording: Did refuse inspection of the licensed premise

47 Refusing inspection Remember Obstruction of Government Administration (if force is used)

48 Administrative Notice Must use Liquor Licensing Forms Get Licensee Information Off License Seller / Server Information Need Even If Not Cited Must Cite Premise if Citing Seller / Server Must Respond to Citation after 14 Days but with-in 21 days (Read Information Off Citation) One To Premise & One To Seller / Server (If Cited)

49 MINOR INFO A MUST!!!!!!!!!!!!!!!!!! Including Phone Numbers!!!!!!!!!!!!!! Seller / Server Information Including Entertainer Who You Gave The Notice To (If Different than Seller / Server) VIP information REPORTS

50 SHORT FORM COMPLAINT State of Maine Notice of Liquor License Administrative Violation and SHORT FORM COMPLAINT The Bureau of Alcoholic Beverages hereby gives notice of an administrative action being brought against: LICENSEE: (This section must be completed for all citations) Name: Fred Flintstone (individual or corporation) DBA: Barney s Place Address: 100 Someplace City/Town: Macintosh State: Zip: Premise Lic. # : A-123 Tel: (207) (OR) SELLER/SERVER: (This section is completed only if a server is cited) Name: Address: City/Town: Tel: DOB: HT: WT: Eyes: Sex: Race: In violation of: Title: 28-A Section: 705(3)E_ (or) R&R: FOR: Sale of Liquor to a minor John Brown age 20, dob 9/04/1997 (violation)(for cases involving minors, include minor s age) which occurred on or about: Date: 1/20/16 Time: 11:20pm

51 Short form complaint continued OR SELLER/SERVER: (This section is completed only if a server is cited) Name: Address: City/Town: Tel: DOB: HT: WT: HR: EYES: In violation of: Title: 28-A Section: 705(3)E_ (or) R&R: FOR: Sale of Liquor to a minor John Brown age 20, dob 9/4/1997 (violation)(for cases involving minors, include minor s age)

52 Signing This Notice Is Not An Admission Of Guilt In order to resolve this matter, you or your attorney may, after 14 days from the day of this notice being served upon you, but within 21 days, contact Liquor Licensing & Enforcement by telephone at (207) or in writing to Liquor Licensing, 8 State House Station, Augusta, ME to indicate whether you intend to admit or deny the violation. If you deny the violation, you will be entitled to have a hearing in a District Court and you will be notified where and when to appear. I received notice of this Administrative Violation and Short Form Complaint: Signature of Person Receiving Document Title (if applicable) Date Signature of Inspector/Officer Agency Date Printed Name of Inspector / Officer

53 SHORT FORM COMPLAINT State of Maine Notice of Liquor License Administrative Violation and SHORT FORM COMPLAINT The Bureau of Alcoholic Beverages hereby gives notice of an administrative action being brought against: LICENSEE: (This section must be completed for all citations) Name: Jeffrey B Martin (individual or corporation) DBA: JEFF S PLACE Address: 100 Apple Street City/Town: Macintosh State: Zip: Premise Lic. # : 4444_ Tel: (207) OR SELLER/SERVER: (This section is completed only if a server is cited) Name: Address: City/Town: Tel: DOB: HT: WT: HR: EYES: In violation of: Title: 28-A Section: 705(2)E_ (or) R&R: FOR: Sale of Liquor to a minor Freddie Golden age 20, dob 3/20/1996 (violation)(for cases involving minors, include minor s age) which occurred on or about: Date: 1/20/16 Time: 11:20pm

54 Short form complaint continued OR SELLER/SERVER: (This section is completed only if a server is cited) Name: Marsha Green Address: 100 Apple Street City/Town: Macintosh, Maine Tel: (207) DOB: 03/30/1989 HT: 6ft 9inches WT: 110 lbs EYES: Gr Sex: F Race: Cau In violation of: Title: 28-A Section: 705(2)E_ (or) R&R: FOR: Sale of Liquor to a minor Freddie Golden age 20, dob 3/20/1996 (Violation)(for cases involving minors, include minor s age) Which occurred on or about: Date: Time:

55 Signing This Notice Is Not An Admission Of Guilt In order to resolve this matter, you or your attorney may, after 14 days from the day of this notice being served upon you, but within 21 days, contact Liquor Licensing & Enforcement by telephone at (207) or in writing to Liquor Licensing, 8 State House Station, Augusta, ME to indicate whether you intend to admit or deny the violation. If you deny the violation, you will be entitled to have a hearing in a District Court and you will be notified where and when to appear. I received notice of this Administrative Violation and Short Form Complaint: Signature of Person Receiving Document Title (if applicable) Date Signature of Inspector/Officer Agency Date Printed Name of Inspector / Officer

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