Legislative intent of Chapter 180, Public Laws of 1969, relating to immunity from liability for liquor store employees selling to minors

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) Inter~Dep1rtmenrn.l 1v1ernorandrnn Date Februa.D'___?, _ 1_9,79 __ _ T~ Guy Marcotte, Director Dept. Bureau of A 1 coho 1 i c Beveraqes ~m Phillip M. Kilmister, Asst. Atty. Gen. Depc. Attorney Genera 1-Bureau of Taxation S1<bj0cc Request for Opinion Re: Legislative Intent of Chapter 180, Public Laws of 1969 In answer to your recent memorandum submitted to this office under date of January 25, 1979, please .be advised that the enactment of P.L. 1969, c. 180, did not grant immunity from prosecution to state liquor store employees who sell liquor to minors. The terms of 28 M.R.S.A. § 1058 entitled 11 Furnishing liquor to certain persons prohibited'', were amended by the enactment of P.L. 1969, c. 180, to read as follows: "Whoever, other than a licensee or his agent within the scope of their empl0yment, knowing·ly procures or in any way aids or assists in procuring liquor or whoever furnishes, gives or delivers liquor to a minor who may not legally purchase liquor for himself or for any intoxicated person, pauper, mentally ill person or person of known intemperate habits, except that this provision shall not apply to liquor served to a minor in a home in the presence of his parent or guardian, sha'll be pun·i shed by a fine of not more than $200 or by imprisonment for not more than 11 months; or by both." (emphasis supplied) During the same 1969 general session of the Legislature, it is interesting to note that Chapter 81 of the Public Laws of 1969 was enacted, which further evidenced a clear-cut legislative intent to posit the disposition of violations of laws gov- erning the sale and disposition of alcoholic beverages by licensees and their agents, solely within the jurisdiction of the Administrative Court. The pertinent part of P.L. 1969, c 81 (now 28 M.R.S.A. § 4011 reads as follows: "The Administrative Court Judge shall have sole and exclusive jurisdiction of all violations by licensees and their agents of the liq1wr laws in this Title~ when no crimi- nal penalty is provided." There is, however, no legislative record which would indicate any intention on behalf of the Legislature to shield employees of state liquor stores with the same immunity from prosecution regarding sales of alcoholic beverages to minors, as that which has been accorded to licensees and their agents, pursuant to the express terms of 28 M.R.S.A. § 1058. l{equest for Opinion Februetry S, 191/~l One cannot reasonably interpret the statutory language 11 licensee 11 or 11 his agent/ 1 to include state 1iquor stl)re employees. They are clearly neHher! The language of 28 M.R.S.A. §1058 is sufficiently inclusive to apply to state liquor store emp1oyees:. but even if this were not the case, the language of 28 M.R.S.A. §155 read in conjunction with the statutory language of 28 M.R.S.A. §1, \,1ould formu1ate a basis for the institution of criminal action. The language of 28 M.R.S.A. §~55 reads bluntly as follows: 11No sa1es shall be made in state stores to minors or persons under the influence of liquor. 11 The 1anguage of 28 M.R.S.A. §1, represents a "catch-a11" penalty clause appli- cable to many ·statutory violations:, including "sales to minors. 11 11 ~/hoever shall purchase, import, transport, manufacture, possess or sell alcohol in this State in violation of law sha11 be punished by a fine of not more than $200 or by imprisonment for not more than 6 months:. or by both. 11 In brief answer to the second question set forth in your memorandum, it would clearly be impermissible for a member of the staff of the Attorney General, to act as legal counsel for a state liquor store employee cha.rged with the commission of a crime. PMK:dp