Privileges

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§2516. Privileges

1.  Refusal to serve.  No licensee is liable for damages resulting from a good faith refusal to serve liquor to any individual who:  

A. Fails to show proper identification of age;   [PL 1987, c. 45, Pt. A, §4 (NEW).]

B. Reasonably appears to be a minor; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]

C. Is refused service in a good faith effort to prevent him from becoming visibly intoxicated.   [PL 1987, c. 45, Pt. A, §4 (NEW).]

[PL 1987, c. 45, Pt. A, §4 (NEW).]

2.  Holding identification documents.  No licensee is liable for retaining identification documents presented to the licensee as proof of the individual's age for the purpose of receiving liquor provided that:  

A. Retention is for a reasonable length of time in a good faith effort to determine whether the individual is of legal age; and   [PL 1987, c. 45, Pt. A, §4 (NEW).]

B. The licensee informs the individual why he is retaining the identification documents.   [PL 1987, c. 45, Pt. A, §4 (NEW).]

[PL 1987, c. 45, Pt. A, §4 (NEW).]

3.  Other defenses not limited.  This section does not limit a licensee's right to assert any other defense provided by law.  

[PL 1987, c. 45, Pt. A, §4 (NEW).]

4.  Failure to exercise privileges.  A licensee may not be held liable under this Act for failing to exercise any privilege provided in this section. This section does not provide immunity from liability under sections 2506 and 2507.  

[PL 1987, c. 45, Pt. A, §4 (NEW).]

SECTION HISTORY

PL 1987, c. 45, §A4 (NEW).


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