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Maine Bureau of Alcoholic Beverages and Lottery Operations Institutes New Record-Keeping Requirement for Businesses Selling Alcohol.

Maine Bureau of Alcoholic Beverages and Lottery Operations Institutes New Record-Keeping Requirement for Businesses Selling Alcohol

August 16, 2022

The Maine Bureau of Alcoholic Beverages and Lottery Operations has revised a form that all businesses selling alcohol must maintain on their premises.  Previously known as the “Employee Affidavit,” the new “Statement of Fact by Employee” must be filled out by all workers, whether employees or independent contractors, of any business selling alcohol in the state.  While employers do not need to submit the form to the Bureau, they must maintain a copy on-site and available to liquor inspectors.

The new form requires workers to affirmatively state that they have not been found criminally liable for selling alcohol without a license within the previous two years, that they have not been found criminally liable for selling alcohol to minors or visibly intoxicated persons within the previous two years (collectively “unauthorized purchasers”), that they have not been found guilty of both selling alcohol without a license and selling to unauthorized purchasers within the past five years; and that they have not been found guilty of either selling alcohol without a license or selling to unauthorized purchasers on more than one occasion within the past five years.  An employer does not have an affirmative obligation to verify the worker’s certification, and a worker’s dishonesty on the form constitutes a criminal offense.

Businesses selling alcohol must verify the above for each worker and should not employ any individual that cannot make the above certifications.

The new form from the Maine Bureau of Alcoholic Beverages and Lottery Operations can be found here.

For sixty years, The Bennett Law Firm has been a leading law firm on issues related to the employment relationship.  For questions or for more information on this issue, please contact Peter Bennett (pbennett@thebennettlawfirm.com), or Pawel Binczyk (pbinczyk@thebennettlawfirm.com).

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