LIVERMORE – The Planning Board voted unanimously Tuesday to get a legal opinion on the town’s liability regarding potential alcohol use at the Barnyard All-Terrain Park.

The board postponed action on an amendment to allow temporary camping at the park operated by the David Lovewell family on Route 108. The issue will be taken up again at 7 p.m. Tuesday, April 24, at the town office.

Planning Board Chairman David Hall said he wanted to know if the town would have any liability if someone was hurt at one of the races by someone who had been drinking alcohol.

“All we’re going to do is clean up the issue of alcohol tolerance,” Hall said.

Lovewell said the campers’ rules state that that alcohol, drugs, verbal and physical abuse of any kind would not be tolerated at the site. There is also a prohibition of alcohol and glass during events.

His staff has been told if they see someone with a beer to ask them to dump it out, if they’re seen again, they’re off the property, Lovewell said.

“It will not be tolerated,” Lovewell said.

“I’m a reasonable man,” he said, reiterating that alcohol would not be tolerated though someone would not be thrown off the property if they’re seen with a beer as long as they dump it when asked and are not seen with a beer again.

The rules will be posted and flyers handed out to people who visit the site.

But some people don’t have the ability to read, he said.

Abutter Kate Damon said there are signs that show pictures of a can of beer with a slash through it indicating prohibition.

Hall said he would like to see Lovewell say no tolerance of alcohol and stick to it by having people leave the property if they are seen drinking alcohol the first time.

What is written in the application and what he’s saying are not the same, Hall said.

Lovewell also told the board he wouldn’t be invading people’s privacy by going into campers or tents to check if people are drinking alcohol unless there is a reason, such as noise.

Some Planning Board members said the town would not be liable because it is private property, and the owners would be responsible and would have liability insurance.

But they all agreed to get to a legal opinion on the issue.

Technically, the Lovewells have no permit to operate the park until the Board of Appeals approves its minutes, Planning Board member Kurt Schaub said.

The appeals board conducted a thorough review of the site application for the park in March after three people filed appeals of the Planning Board’s approval of it. That review nullified the Planning Board’s permit, Schaub said.

Appeals board members voted to approve the park application March 28, which ultimately upholds the Planning Board’s decision, with one condition that the Lovewells show proof of an archaeological review.

That review was done in 1994 and the letter from the Maine Historic Preservation Commission is now included in the Lovewell’s plan.

They anticipate 25 sites for participant camping to allow them to set up and watch their vehicles and equipment with spectators encouraged to camp at campgrounds in the area, Lovewell said.

The plan also outlines when vehicles may be started and what is considered quiet time.