| | | C.__All places of resort where intoxicating liquors are | | kept, sold, given away, drunk or dispensed in any manner not | | provided for by law. |
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| | | 2.__Superior Court jurisdiction.__The Superior Court has | | jurisdiction, upon information filed by the Attorney General or | | the district attorney or upon complaint filed by not fewer than 7 | | legal voters of that county setting forth any of the facts | | contained in this section, to restrain, enjoin or abate a common | | nuisance as set out in subsection 1 and an injunction for those | | purposes may be issued by the court.__ A dismissal of an | | information or complaint does not prevent action upon any | | information or complaint subsequently filed covering the same | | subject matter. |
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| | | 3.__Injunction or order.__The injunction or order to restrain, | | enjoin or abate the common nuisance forever runs against the | | building or other place or structure, except that, upon motion of | | an owner filed not sooner than 6 months from the date of the | | injunction or order, the Superior Court may remove or modify the | | injunction or order upon a showing by the owner, by a | | preponderance of evidence, that the nuisance has abated. |
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| | | 4.__Trafficking or furnishing scheduled drugs.__For purposes | | of this subchapter, proof by a preponderance of evidence that an | | owner or occupant of a building or other place or structure, or | | any part thereof, has trafficked in or furnished at the building, | | place or structure, or any part thereof, any scheduled drug as | | defined by Title 17-A, chapter 45 on 2 or more occasions within a | | 3-year period is sufficient to prove that the building, place or | | structure is a common nuisance. |
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| | | 5.__Keeping, allowing or maintaining common nuisance.__A | | person who keeps, allows or maintains a building, place or | | structure declared by the Superior Court to be a common nuisance | | upon the filing of information commits a Class E crime. |
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| | | 6.__Default in payment of fine.__A person who defaults in | | payment of a fine imposed under this section commits a separate | | Class E crime. |
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| | | 7.__Strict liability.__Violation of this section is a strict | | liability crime as defined in Title 17-A, section 34, subsection | | 4-A. |
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| | | Sec. I-46. 17 MRSA §2742, as amended by PL 1995, c. 66, §3, is | | repealed. |
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| | | Sec. I-47. 17 MRSA §2922, sub-§1, as amended by PL 1985, c. 495, §3, | | is further amended to read: |
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