City of Bangor, ME Chapter 124 Food Establishments

[HISTORY: Adopted by the City Council of the City of Bangor 5-30-2001 by Ord. No. 01-208.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 124, Flood Establishments, adopted as Ch. V, Art. 2, as amended.

§ 124-1 Title.

This chapter shall be referred to and shall be cited as the "Food Establishment Ordinance of the City of Bangor."

§ 124-2 Catering establishments.

[Amended 5-9-2005 by Ord. No. 05-123]

A. In accordance with 30-A M.R.S.A. § 3003, the State of Maine Food Code 2013, adopted by the State of Maine Department of Health and Human Services and the Maine Department of Agriculture, Conservation and Forestry, in accordance with 22 M.R.S.A. § 2491 et seq., is hereby adopted and incorporated in its entirety as if fully set forth herein.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Caterer's license required.

(1) The annual fee for a caterer's license shall be as provided in § 85-4.

§ 124-3 Eating and lodging places.

[Amended 2-14-2011 by Ord. No. 11-061; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The State of Maine Food Code 2013 is adopted in its published form as if fully set forth herein, except as follows:

A. Section 1-201.10(B)(93) is deleted and replaced with the following:

1-201.10(B)(93) "Regulatory authority" means the local, state or federal authority having jurisdiction over the food establishment. The local regulatory authority means the Code Enforcement Division of the City of Bangor.

B. Section 8.3 is deleted and replaced with the following:

8-301 Licenses
	8-301.11	License required. No person, corporation, firm or copartnership may conduct, control, manage or operate for compensation, directly or indirectly, any eating establishment, eating and lodging establishment or lodging place unless the same shall be licensed by the City of Bangor. Licenses issued must be displayed in a place readily visible to customers or other persons using a licensed establishment.
	8-301.12	Any person, corporation, firm or copartnership desiring a license shall submit satisfactory evidence of his, her or its ability to comply with the minimum standards of these rules, which may include documenting the adequacy of any private wastewater disposal system and/or the quality of the water supply.
	8-301.13	Each application for, or renewal of, an annual license to operate an eating establishment, eating and lodging place or lodging place shall be submitted with the appropriate fee to the City Clerk of the City of Bangor. No such fee may be refunded. No license may be assignable or transferable.
	8-301.14	The specific annual license fees are set forth in Chapter 85, Business Licenses, § 85-4 of the Code of the City of Bangor.

8-302 Issuance of licenses
	8-302.21	New licenses. When any applicant is found, based upon inspection by the Division or by the Department of Health and Human Services, not in compliance with the requirements of departmental regulations, the Division may refuse issuance of the initial license but shall issue a conditional license for up to 90 days, except when conditions are found which present a serious danger to the health and safety of the public. Failure by the conditional licensee to meet the conditions specified by the Division shall permit the Division to void the conditional license.
	8-302.22	Renewal of licenses. The Division shall, within 30 days of receipt of application by the City Clerk and the prescribed fee, issue an annual license to operate any eating establishment, eating and lodging place or lodging place which is found to comply with the rules and regulations of the Division.
	8-302.23	The issuance of the license does not provide exemption from any other state or local laws, ordinances or regulations, notwithstanding any other provision of the law.
	8-303.24	Licenses erroneously issued by the Division are void and shall be returned to the City Clerk on demand in a notice delivered by hand or by certified mail to the licensee. For cause, the Division may revoke or suspend any license.

C. Section 8-703 is deleted and replaced with the following:

8-703 Suspension or revocation; appeals
	8-703.10	Licenses may be temporarily suspended or revoked after hearing by the Code Enforcement Officer upon determination of a violation by the Code Enforcement Officer or their duly authorized representatives of the terms of these rules. Any applicant for or holder of a license may appeal any action of the Code Enforcement Officer to the Board of Appeals in accordance with the provisions of Chapter 23, Article I, Board of Appeals.
	8-703.11	Further appeals may be taken from any action of the Code Enforcement Officer or the Board of Appeals to the Superior Court in accordance with the Maine Rules of Civil Procedure, Rule 80B.

D. Section 8-704 is deleted and replaced with the following:

8-704.10 Civil Penalties. The requirements of 30-A M.R.S.A. § 4452 shall apply to the determination of penalties for violations of these rules. The minimum penalty for a specific violation of these rules shall be $100 and the maximum penalty shall be $2,500; provided, however, that the maximum penalty may exceed $2,500 but shall not exceed $25,000 when it can be shown that there has been a previous conviction of the same party within the past two years for violation of the same rule provision.