| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 28-A MRSA §2, sub-§10-B is enacted to read: |
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| | | 10-B.__Debit card.__"Debit card" means a card, code or other | | device, other than a check draft or similar paper instrument, | | by the use of which a person may institute an electronic fund | | transfer. |
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| | | Sec. 2. 28-A MRSA §705, sub-§1, as amended by PL 1993, c. 266, §9, | | is further amended to read: |
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| | | 1. Sales for cash. Except as provided in paragraph A, no a | | licensee or licensee's employee or agent may not sell or offer | | to sell any liquor except for cash, by check or by major | | credit card. For purposes of this subsection, the use of a | | debit card is deemed to be a sale for cash. |
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| | | A. Credit may be extended: |
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| | | (1) By a hotel or club to bona fide registered | | guests or members; |
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| | | (2) By a hotel or Class A restaurant to the holder | | of a credit card that authorizes the holder to charge | | goods or credits; and |
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| | | (3) By an on-premise licensee to the host of a | | private, prearranged function without a credit card. |
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| | | B. A right of action does not exist to collect claims for | | credits extended contrary to this section. |
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| | | C. This section does not prohibit a licensee from giving | | credit to a purchaser for the actual price charged for the | | beverage container deposit on the packages or original | | containers, as defined in Title 32, chapter 28, as a | | credit on any sale, or from paying the amount actually | | charged for such deposit on the packages or original | | containers. |
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| | | D. Except as provided in subparagraph (1), no licensee or | | licensee's employee or agent may sell, offer to sell or | | furnish any liquor to any person on a passbook or store | | order, or receive from any person any goods, wares, | | merchandise or other articles in exchange for liquor. |
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| | | (1) This paragraph does not apply to beverage container | | deposits on packages or original containers that were | | originally purchased from that licensee by the person | | returning the packages or original containers. |
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