Sec. P-1. 28-A MRSA §161, as amended by PL 1997, c. 373, §§33 to 35, is further amended to read:
1. Registration. Each bottle club, as defined in section 2, subsection 3, shall register annually with the bureau on forms provided by the bureau. Registration consists of submission of the information required in paragraph A and payment of the registration fee established in paragraph B.
A. The information each bottle club is required to submit consists of only the following:
(1) The name and address of each owner of the bottle club;
(2) The name and address of each operator of the bottle club; and
(3) The regular hours of operation.
B. The annual fee for registration of a bottle club is $50.
C. Any bottle club that does not register with the bureau commits a Class E crime.
A bottle club that does not register with the bureau commits a Class E crime. Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
1-A. Eligibility qualifications. The bureau may not register a bottle club unless each owner or operator of the bottle club meets the eligibility qualifications under section 601, subsection 1.
1-B. Disqualification. The bureau may not register a bottle club if the bureau determines that:
A. An owner or operator of the bottle club is disqualified from receiving a liquor license under section 601, subsection 2; or
C. The purpose of the application is to circumvent the eligibility or disqualification provisions of section 601.
The bureau shall notify each owner or operator of the bottle club in writing of its decision to approve or deny registration of the bottle club under this subsection. The decision of the bureau to approve or deny registration of a bottle club is final agency action.
1-C. Penalty for operation after denial. Notwithstanding subsection 1, paragraph C, a person who operates a bottle club after receipt of notice of denial of registration under subsection 1-B commits a Class D crime. Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
2. Charges and fees. Charges paid by the bottle club's members or the general public for membership, admission, food, mixers or other supplies used with liquor or storage or handling of liquor belonging to members or the general public are not sales, as defined in this Title, or gifts.
3. Minors on the premises. The bottle club may not allow any minor not employed by the bottle club nor accompanied by his parent, legal guardian or custodian, as defined in Title 22, section 4002, to remain on the bottle club premises, except on occasions when liquor is prohibited on the bottle club premises.
A. A bottle club may employ minors only if an employee of legal drinking age or older is present in a supervisory capacity.
3-A. Minors on premises. A bottle club may not allow a minor not employed by the bottle club or not accompanied by the minor's parent, guardian or custodian, as defined in Title 22, section 4002, to remain on the bottle club premises, except on occasions when liquor is prohibited on the bottle club premises. The following penalties apply to violations of this subsection.
A. A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged.
B. A bottle club that violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
C. A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged.
3-B. Employment of minors. A bottle club may employ minors only if an employee of legal drinking age or older is present in a supervisory capacity.
4. Consumption or possession on premises. A bottle club may not permit consumption or possession of imitation liquor on the bottle club premises by minors. A bottle club may not permit consumption of liquor on the bottle club premises by minors or visibly intoxicated persons. The following penalties apply to violations of this subsection.
A. A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged.
B. A bottle club that violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
C. A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged.
5. Violation of state law. No A bottle club may not knowingly allow any violation of any state law on the bottle club premises to occur or continue. The following penalties apply to violations of this subsection.
A. A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged.
B. A bottle club that violates this subsection after having previously violated this section com-mits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
C. A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged.
6. Jurisdiction. A bottle club that violates subsection 3, 4, 5 or 7 commits a civil violation for which a forfeiture may be adjudged of not less than $100 nor more than $300 for the first offense; not less than $200 nor more than $500 for the 2nd offense; and $500 for the 3rd and subsequent offenses. The District Court has jurisdiction over the civil violations, defined in this section, under Title 17-A, section 9.
7. Right of access. Every bottle club shall allow liquor enforcement officers and other law enforcement officers to enter the premises at reasonable times for the purpose of investigating compliance with this Title.
A. Entry into the premises under this subsection must be conducted in a reasonable manner so as not to disrupt the operation of the bottle club.
B. The investigation must be limited to those areas involved in the actual operation of the bottle club, including storage areas.
C. The following penalties apply to violations of this subsection.
(1) A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged.
(2) A bottle club that violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
(3) A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged.
Sec. P-2. 28-A MRSA §163, sub-§9, as enacted by PL 1993, c. 266, §5, is repealed and the following enacted in its place:
9. Violations. The following penalties apply to violations of this section.
A. A B.Y.O.B. sponsor that violates this section commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged.
B. A B.Y.O.B. sponsor that violates this section after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
C. A B.Y.O.B. sponsor that violates this section after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged.
Sec. P-3. 28-A MRSA §704, as amended by PL 1997, c. 373, §67, is repealed and the following enacted in its place:
1. Employees under 17 years of age. A licensee for the sale of liquor to be consumed on licensed premises may not employ a person under 17 years of age in the serving or selling of liquor on the premises where the liquor is sold. A licensee who violates this subsection is subject to the penalties in section 803.
2. Employees between 17 and 21 years of age. An employee who is at least 17 years of age but less than 21 years of age may serve or sell liquor only in the presence of an employee who is at least 21 years of age and is in a supervisory capacity.
A. A licensee whose employee violates this subsection is subject to the penalties in section 803.
B. An employee who violates this subsection is subject to the penalties in section 803.
Sec. P-4. 28-A MRSA §2051, as amended by PL 2001, c. 160, §1, is further amended to read:
§2051. Prohibited acts by minors
1. Prohibited acts. A minor may not:
A. Purchase any liquor or imitation liquor;. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B;
B. Consume any liquor or imitation liquor, except in a home in the presence of the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002;. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B;
C. Have on the minor's person any liquor or imitation liquor in any premises licensed for the sale of liquor to be consumed on the premises;. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B;
D. Present or offer to any a licensee, the licensee's agent or employee any written or oral evidence of age that is false, fraudulent or not actually the minor's own, for the purpose of:
(1) Ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any liquor or imitation liquor; or. The following penalties apply to violations of this subparagraph.
(a) A minor who violates this subparagraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(b) A minor who violates this subparagraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which must be suspended except as provided in subsection 2, paragraph B.
(c) A minor who violates this subparagraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; or
(2) Gaining access to a licensed premise when minors are not allowed;. The following penalties apply to violations of this subparagraph.
(a) A minor who violates this subparagraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(b) A minor who violates this subparagraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which must be suspended except as provided in subsection 2, paragraph B.
(c) A minor who violates this subparagraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B;
D-1. Have in the minor's possession a false identification card;. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B;
D-2. Sell, furnish or give a false identification card to a minor;. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B;
E. Have any liquor or imitation liquor in the minor's possession except:
(1) In the scope of the minor's employment; or
(2) In a home in the presence of the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002; or
E-1. Except as provided in subsection 5, have any liquor or imitation liquor in the minor's possession. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; or
F. Have in the minor's possession equipment specifically constructed, manufactured or marketed for the purpose of brewing malt liquor or fermenting or making wine except:
(1) In the scope of the minor's employment; or
(2) In the minor's own home under the supervision of the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002.
F-1. Except as provided in subsection 5, have in the minor's possession equipment specifically constructed, manufactured or marketed for the purpose of brewing malt liquor or fermenting or making wine. The following penalties apply to violations of this paragraph.
(1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.
(2) A minor who violates this paragraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
(3) A minor who violates this paragraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B.
2. Penalties. A minor who violates this section commits a civil violation for which a forfeiture must be adjudged of not less than $200 nor more than $400 for the first offense; not less than $300 nor more than $600 for the 2nd offense, none of which may be suspended, except as provided in paragraph B; and $600 for the 3rd and subsequent offenses, none of which may be suspended, except as provided in paragraph B. The following apply to the penalties imposed for violations of this section.
A. When a person is adjudged to have committed a first offense under this section, the judge shall inform that person that the forfeitures fines for the 2nd and subsequent offenses are mandatory and cannot be suspended, except as provided in paragraph B. Failure to inform the first offender that subsequent forfeitures fines are mandatory is not a ground for suspension of any subsequent forfeiture fine.
B. The judge, as an alternative to or in addition to the civil forfeitures fines required by this subsection, may assign the minor to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution.
3. Minor can not be charged with more than one offense. No A minor may not be charged with more than one offense under this section in any given instance in which the same set of facts is involved.
4. Illegal possession and illegal transportation. If a minor is charged with illegal possession under this section, the minor may not be charged with illegal transportation under section 2052.
5. Exceptions. A minor is not in violation of subsection 1, paragraph E-1 or F-1 if the minor possesses:
A. Liquor or imitation liquor or equipment described in subsection 1, paragraph F-1 in the scope of the minor's employment;
B. Liquor or imitation liquor in a home in the presence of the minor's parent, guardian or custodian, as defined in Title 22, section 4002; or
C. Equipment described in subsection 1, paragraph F-1 in the minor's own home under the supervision of the minor's parent, guardian or custodian, as defined in Title 22, section 4002.
Sec. P-5. 28-A MRSA §2052, as amended by PL 1997, c. 373, §§148 and 149, is further amended to read:
§2052. Illegal transportation by minors
1. Minor may not transport liquor; exception. Except as provided in paragraph A, no minor may knowingly transport or knowingly permit to be transported any liquor in a motor vehicle under his control.
A. A minor may transport liquor or permit liquor to be transported in a motor vehicle if in the scope of the minor's employment, or at the request of the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002.
1-A. Minor may not transport liquor. Except as provided in subsection 1-B, a minor may not knowingly transport or knowingly permit to be transported liquor in a motor vehicle under the minor's control. The following penalties apply to violations of this subsection.
A. A minor who violates this subsection commits a civil violation for which a fine of not more than $500 may be adjudged.
B. A minor who violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 must be adjudged, none of which may be suspended.
C. A minor who violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of not less than $400 and not more than $500 must be adjudged, none of which may be suspended.
1-B. Permitted transportation. A minor may transport liquor or permit liquor to be transported in a motor vehicle if in the scope of the minor's employment or at the request of the minor's parent, guardian or custodian, as defined in Title 22, section 4002.
2. No conviction if liquor not within minor's section. No A minor may not be found in violation of any offense under this section if liquor is found outside the passenger passenger's or driver's section of a motor vehicle under the minor's control, unless the minor has actual knowledge of the presence of the liquor. The trunk or locked glove compartment of any vehicle may not be construed under this section to be within the passenger passenger's or driver's section of the motor vehicle.
3. Violation. Any minor who violates this section commits a civil violation for which a forfeiture may be adjudged of not more than $500. A forfeiture must be adjudged of not less than $200 for a 2nd offense and not less than $400 for a 3rd or subsequent offense, none of which may be suspended.
4. Minor can not be charged with both illegal transportation and illegal possession. A minor charged with illegal transportation under this section may not be charged with illegal possession under section 2051. A minor who possesses or consumes liquor in a motor vehicle under the terms of this section must be charged under this section, rather than under section 2051. This subsection does not preclude charges under Title 15, section 3103, subsection 1, paragraph F, when appropriate.
Sec. P-6. 28-A MRSA §2075, as amended by PL 1997, c. 373, §155, is further amended to read:
§2075. Importation and transportation of spirits
1. Only the commission may import spirits; exception. Except as provided in this section, no person other than the alcohol bureau may import spirits into the State.
A. An individual may transport into the State and may transport from place to place within the State spirits for the individual's personal use in a quantity not greater than 4 quarts.
1-A. Only alcohol bureau may import spirits. Except as provided in subsection 1-B, a person other than the alcohol bureau may not import spirits into the State.
A. A person who illegally imports or causes to be shipped into the State spirits in a quantity of less than 10 gallons commits a civil violation for which a fine of not more than $500 must be adjudged.
B. A person who illegally imports or causes to be shipped into the State spirits in a quantity of 10 or more gallons commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
1-B. Permitted importation. An individual may transport into the State and may transport from place to place within the State spirits for the individual's personal use in a quantity not greater than 4 quarts.
2. Transportation of spirits within State. No A person may not transport or cause to be transported any spirits within the State in a quantity greater than 4 quarts unless the spirits were purchased from a state or agency liquor store.
2-A. Evidence. The possession of more than 8 quarts of spirits in one or more containers that are not labeled in accordance with Title 32, section 1865, is prima facie evidence of a violation of this section.
3. Importation and transportation of spirits for special purposes. The bureau may, in writing, permit and authorize the importation of spirits into the State and the transportation of spirits from place to place within the State to the following destinations for the specified purposes:
A. To industrial establishments for use as an ingredient in the manufacture of food products, or for use as an ingredient in the manufacture of commodities that by reason of their nature can not be used for beverage purposes, or for use in the manufacture of commodities unfit for beverage purposes;
B. To licensed distillers and manufacturers of spirits in the State for use as an ingredient in distilling or manufacturing spirits and other spirituous products that are authorized by 27 Code of Federal Regulations; and
C. To churches or to the pastor of any church for sacramental purposes or similar religious rites.
4. Penalties. A person who illegally imports less than 10 gallons of spirits or causes less than 10 gallons of spirits to be shipped into the State commits a civil violation for which a forfeiture not to exceed $500 must be adjudged. A person who illegally imports 10 or more gallons of spirits or causes 10 or more gallons of spirits to be shipped into the State commits a Class E crime.
5. Forfeiture of spirits. Notwithstanding section 2221-A, if a person fails to appear in court on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section, either in person or by counsel, the court shall order the spirits imported or transported in excess of that allowed by subsection 1 1-A or 2 to be forfeited to the State. As part of every adjudication and forfeiture imposed under this section the court shall order the spirits imported or transported in excess of that allowed by subsection 1 1-A or 2 to be forfeited to the State. Spirits forfeited under this subsection must be disposed of as prescribed in section 2229.
Sec. P-7. 28-A MRSA §2077, as amended by PL 1993, c. 730, §§49 and 50, is further amended to read:
§2077. Importation and transportation of malt liquor and wine
1. Importation of malt liquor or wine into State. No person other than a wholesale licensee, small brewery licensee or farm winery licensee may transport or cause to be transported malt liquor or wine into the State in a quantity greater than 3 gallons for malt liquor or 4 quarts for wine, unless it was legally purchased in the State.
A. All shipments of malt liquor or wine transported or caused to be transported by wholesale licensees, small brewery licensees or farm winery licensees into the State must be accompanied by an invoice, including the wholesale licensee's, small brewery licensee's or farm winery licensee's name and purchase number.
1-A. Importation of malt liquor or wine into State. A person other than a wholesale licensee, small brewery licensee or farm winery licensee may not transport or cause to be transported malt liquor or wine into the State in a quantity greater than 3 gallons for malt liquor or 4 quarts for wine, unless it was legally purchased in the State. The following penalties apply to violations of this subsection.
A. A person who illegally transports into the State wine or malt liquor in a quantity of less than 10 gallons commits a civil violation for which a fine of not more than $500 must be adjudged.
B. A person who illegally transports into the State wine or malt liquor in a quantity of 10 or more gallons commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
1-B. Invoice required. Each shipment of malt liquor or wine transported or caused to be transported by a wholesale licensee, small brewery licensee or farm winery licensee into the State must be accompanied by an invoice that includes the wholesale licensee's, small brewery licensee's or farm winery licensee's name and purchase number.
2. Transportation of malt liquor and wine within State. No A person other than a licensee may not transport malt liquor, in a quantity greater than 3 gallons, or wine, in a quantity greater than 4 quarts, within the State unless it was purchased from an off-premise retail licensee.
A. A person who illegally transports within the State wine or malt liquor in a quantity of less than 10 gallons commits a civil violation for which a fine of not more than $500 must be adjudged.
B. A person who illegally transports within the State wine or malt liquor in a quantity of 10 or more gallons commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
2-A. Evidence. The possession of more than 6 gallons of malt liquor or 8 quarts of wine in one or more containers that are not labeled in accordance with Title 32, section 1865, is prima facie evidence of a violation of this section.
3. For-hire carriers and contract carriers may import and transport within State. For-hire carriers and contract carriers, authorized by the Department of Public Safety, may transport malt liquor or wine into and within the State to licensees, to purchasers of malt liquor or wine from licensees and to the state line for transportation outside the State.
4. Penalties. Any person who illegally transports less than 10 gallons of wine or less than 10 gallons of malt liquor into or within the State commits a civil violation for which a forfeiture not to exceed $500 must be adjudged. Any person who illegally transports 10 or more gallons of wine or 10 or more gallons of malt liquor into or within the State commits a Class E crime.
5. Forfeiture of malt liquor or wine. Notwithstanding section 2221-A, if a person fails to appear in court on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section, either in person or by counsel, the court shall order the malt liquor or wine imported or transported in excess of that allowed by subsection 1 1-A or 2 to be forfeited to the State. As part of every adjudication and forfeiture fine imposed under this section, the court shall order the malt liquor or wine imported or transported in excess of that allowed by subsection 1 1-A or 2 to be forfeited to the State. Malt liquor or wine forfeited under this subsection must be disposed of as prescribed in section 2229.
Sec. P-8. 28-A MRSA §2077-B, sub-§2, as enacted by PL 1997, c. 501, §6, is amended to read:
2. Penalty. A person who violates this section is subject to penalties listed in section 2075, subsection 4 1-A.
Sec. P-9. 28-A MRSA §2081, as amended by PL 2001, c. 395, §§1 and 2, is further amended to read:
§2081. Furnishing or allowing consumption of liquor by certain persons prohibited
1. Offense. Except as provided in subsection 2, no a person may not knowingly:
A. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver liquor for or to a minor;. The following penalties apply to violations of this paragraph.
(1) A person who violates this paragraph commits a Class D crime.
(2) A person who violates this paragraph commits a Class D crime for which the fine may not be less than $500 and may not be suspended if the violation involves a minor who is less than 14 years of age.
(3) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph B within a 6-year period commits a Class D crime for which the fine may not be less than $500 and may not be suspended.
(4) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph B 2 or more times within a 6-year period commits a Class D crime for which the fine may not be less than $1,000 and may not be suspended.
(5) A person who violates this paragraph commits a Class C crime if the consumption of liquor by the minor in fact causes serious bodily injury to or death of the minor or any other individual. For purposes of this subsection, "serious bodily injury" has the same meaning as set out in Title 17-A, section 2, subsection 23;
B. Allow any a minor under that person's control, or in any a place under that person's control, to possess or consume liquor;. The following penalties apply to violations of this paragraph.
(1) A person who violates this paragraph commits a Class D crime.
(2) A person who violates this paragraph commits a Class D crime for which the fine may not be less than $500 and may not be suspended if the violation involves a minor who is less than 14 years of age.
(3) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph A within a 6-year period commits a Class D crime for which the fine may not be less than $500 and may not be suspended.
(4) A person who violates this paragraph after having been previously convicted of violating this paragraph or paragraph A 2 or more times within a 6-year period commits a Class D crime for which the fine may not be less than $1,000 and may not be suspended.
(5) A person who violates this paragraph commits a Class C crime if the consumption of liquor by the minor in fact causes serious bodily injury to or death of the minor or any other individual. For purposes of this subsection, "serious bodily injury" has the same meaning as set out in Title 17-A, section 2, subsection 23;
C. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver liquor to a visibly intoxicated person. Violation of this paragraph is a Class E crime, except notwithstanding Title 17-A, section 1301, the fine may not be more than $500; or
D. Procure, or in any way assist in procuring, furnish, give, sell or deliver imitation liquor for or to a minor, or allow a minor under that person's control or in a place under that person's control to possess or consume imitation liquor. Violation of this paragraph is a Class E crime, except notwithstanding Title 17-A, section 1301, the fine may not be more than $500.
2. Exceptions. This section does not apply to a person who serves liquor or imitation liquor to a minor in a home in the presence of the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002.
3. Penalties. Except as provided in subsection 5, any person who violates subsection 1, paragraph A or B commits a Class D crime. Any person who violates subsection 1, paragraph C or D commits a Class E crime, for which a forfeiture of not more than $500 may be adjudged. In the case of a person who has one previous conviction of a violation of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $500, which penalty may not be suspended. In the case of a person who has 2 or more previous convictions of a violation of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $1,000. In the case of a person who has no previous conviction of subsection 1, paragraph A or B within a 6-year period, the fine may not be less than $500, which penalty may not be suspended if that person is convicted of a violation of subsection 1, paragraph A or B involving a minor less than 14 years old.
4. Application. This section does not apply to licensees or agents of licensees in the scope of their employment.
5. Aggravated offense. A person who violates subsection 1, paragraph A or B commits a Class C crime if the consumption of the liquor by the minor in fact causes serious bodily injury to or death of any individual, including the minor. For purposes of this subsection, "serious bodily injury" has the same meaning as set out in Title 17-A, section 2, subsection 23.
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