LD 433
pg. 1
LD 433 Title Page An Act to Expand Payment Options on Sales of Alcoholic Beverages by Licensees ... Page 2 of 2
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LR 136
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 28-A MRSA §2, sub-§10-B is enacted to read:

 
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.

 
Sec. 2. 28-A MRSA §705, sub-§1, as amended by PL 1993, c. 266, §9,
is further amended to read:

 
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.

 
A. Credit may be extended:

 
(1) By a hotel or club to bona fide registered
guests or members;

 
(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

 
(3) By an on-premise licensee to the host of a
private, prearranged function without a credit card.

 
B. A right of action does not exist to collect claims for
credits extended contrary to this section.

 
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.

 
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.

 
(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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