28-A §162. Local authority for operation of bottle clubs

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 7: BOTTLE CLUBS HEADING: PL 1987, C. 45, PT. A, §4 (NEW)

§162. Local authority for operation of bottle clubs

1. Question on bottle clubs. A municipality may hold an election on the following question.

A. Bottle clubs are defined as persons operating, on a regular, profit or nonprofit basis, facilities for social activities in which members or guests provide their own liquor, where no liquor is sold on the bottle club premises, which maintain suitable facilities for the use of members on a regular basis or charge an admission fee to members or the general public and where members, guests or others are regularly permitted to consume liquor. Shall bottle clubs be operated in this municipality? [1987, c. 342, §19 (NEW).]

2. Procedure for election. The provisions of section 121 apply to elections under this section.

[ 1987, c. 342, §19 (NEW) .]

3. Results of vote. If the results of an election held under this section show that:

A. A majority of the votes cast in the municipality on the bottle club question is in the affirmative, bottle clubs may operate in that municipality; [1987, c. 342, §19 (NEW).]

B. A majority of the votes cast in the municipality on the bottle club question is in the negative, bottle clubs may not operate in that municipality; or [1987, c. 342, §19 (NEW).]

C. The vote is tied on any local option question, the law shall remain as it was before the voting. [1987, c. 342, §19 (NEW).]

4. Effective date. The vote is effective on the first day of the month following the certification of the vote to the Secretary of State.

[ 1987, c. 342, §19 (NEW) .]

5. Repeal or reconsideration. When a municipality has voted to allow or not allow the operation of bottle clubs, the vote is effective until repealed by a new petition and vote as required by this section. No vote may be taken on the bottle club question more than once in any 2-year period.

[ 1987, c. 342, §19 (NEW) .]

6. Unincorporated places. The county commissioners, after holding a public hearing, may or may not allow the operation of bottle clubs in the unincorporated place.

[ 1987, c. 342, §19 (NEW) .]

SECTION HISTORY

1987, c. 342, §19 (NEW).