28-A §82. Bureau of Liquor Enforcement
Title 28-A: LIQUORS HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
Part 1: GENERAL PROVISIONS HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
Chapter 3-A: ADMINISTRATION AND ORGANIZATION HEADING: PL 1997, C. 373, §28 (NEW)
§82. Bureau of Liquor Enforcement
The bureau shall establish policies and rules concerning the administration and the enforcement of the liquor laws under its jursidiction. The bureau shall: [1997, c. 373, §28 (NEW).]
1. General supervision. Enforce the laws relating to the manufacture, importation, storage, transportation and sale of all liquor and administer those laws relating to licensing and the collection of taxes on malt liquor and wine;
[ 1997, c. 373, §28 (NEW) .]
2. Rules. Adopt rules consistent with this Title or other laws of the State for the administration, clarification, execution and enforcement of all laws concerning liquor and to prevent violations of those laws. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. The observance of these rules is a condition precedent to the issuing or renewing of any license to sell liquor. The rules adopted by the commission before May 1, 1993 are deemed adopted by the bureau;
[ 1997, c. 373, §28 (NEW) .]
3. Licensing. Issue and renew all licenses as provided by this Title and hold licensing hearings;
[ 1997, c. 373, §28 (NEW) .]
4. Prevent sale to minors and others. Prevent the sale of liquor by licensees to minors and intoxicated persons;
[ 1997, c. 373, §28 (NEW) .]
5. Appeals. Review all appeals from the decisions of municipal officers. The commissioner may conduct appeal hearings or appoint a hearings officer to conduct appeal hearings. Except as provided in section 805, the decision of the commissioner is final.
The commissioner or the hearings officer may conduct hearings in any licensing matter pending before the bureau. If a hearings officer conducts the hearing, the hearings officer, after holding the hearing, shall file with the bureau all papers connected with the case and report the findings to the commissioner. The commissioner shall render a final decision based upon the record of the hearing.
The commissioner or the hearings officer may administer oaths and issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books and papers relating to any license question in dispute before the bureau or to any matter involved in a hearing. Witness fees in all proceedings are the same as for witnesses before the Superior Court and must be paid by the bureau, except that, notwithstanding Title 16, section 253, the bureau is not required to pay the fees before the travel and attendance occur;
[ 2003, c. 451, Pt. T, §9 (AMD) .]
6. Food service organizations. Adopt rules permitting food service organizations that cater to passengers on international flights and cruises to purchase wine and malt liquor from wholesale outlets or distributors as long as the wine and malt liquor are resold for consumption during international travel. Food service organizations include ship chandlers as long as the wine and malt liquor are resold to vessels of foreign registry for consumption after those vessels have left port. Food service organizations are not subject to section 2, subsection 15;
[ 1997, c. 373, §28 (NEW) .]
7. Recommend revocation of licenses. Recommend to the District Court that it suspend or revoke, in accordance with sections 802, 803 and 1503, any license issued pursuant to this Title or the rules adopted under this Title;
[ 1997, c. 373, §28 (NEW); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]
8. Publish laws and rules. Ensure that licensees have access to the provisions of this Title and other laws governing liquor in accordance with this section.
A. [2009, c. 213, Pt. X, §1 (RP).]
A-1. The bureau shall provide notification to licensees that the provisions of this Title are available on the Department of Public Safety's website as described in subsection 8-A and that the bureau will provide a paper copy of the Title to any licensee at no charge, upon request from that licensee. [2009, c. 213, Pt. X, §1 (NEW).]
B. The bureau shall notify all licensees of changes in the law and rules within 90 days of adjournment of each regular session of the Legislature.
(1) The bureau shall supply a copy of the new laws and rules at no charge when requested by licensees.
(2) The bureau shall supply a copy of the new laws and rules to persons other than licensees for a reasonable fee. [1997, c. 373, §28 (NEW).]
C. The bureau may charge a reasonable fee for paper copies of this Title to cover the cost of producing the paper copy to persons other than licensees; [2009, c. 213, Pt. X, §1 (AMD).]
[ 2009, c. 213, Pt. X, §1 (AMD) .]
8-A. Post laws and rules. Post on the Department of Public Safety's publicly accessible website this Title, other laws concerning liquor and all rules adopted under this Title. The bureau shall notify all licensees of changes in the law and rules via a publicly accessible website posting within 90 days of adjournment of each regular session of the Legislature. The bureau shall update the posting on the Department of Public Safety's publicly accessible website to reflect new laws and rules; and
[ 2009, c. 213, Pt. X, §2 (NEW) .]
9. Certification. Certify monthly to the Treasurer of State and the Commissioner of Administrative and Financial Services a complete statement of revenues and expenses for licenses issued and for revenues collected by the bureau and submit, in conjunction with the alcohol bureau, an annual report that includes a complete statement of the revenues and expenses for the alcohol bureau and the bureau to the Governor and the Legislature, together with recommendations for changes in this Title.
[ 1997, c. 373, §28 (NEW) .]
SECTION HISTORY
1997, c. 373, §28 (NEW). 1997, c. 571, §1 (AMD). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF). 2003, c. 451, §T9 (AMD). 2009, c. 213, Pt. X, §§1, 2 (AMD).