Town of Boothbay Harbor, ME Chapter 162 Victualers

[HISTORY: Adopted by the Town of Boothbay Harbor 3-5-1979 as ATM Art. 42 (Art. 18 of the 1958 Ordinances). Amendments noted where applicable.]

§ 162-1 Purpose.

The purpose of this chapter is to regulate the sale of prepared food. The regulations are those which the Town Meeting and Board of Selectmen in public meetings have clearly found to be necessary in order to protect the general welfare, public safety and health of the Town of Boothbay Harbor and its citizens.

§ 162-2 License required.

[Amended 5-3-2004 by ATM Art. 72]

Any place or business where food or drink is prepared or served to the public as a profit-making venture for consumption on or off the premises, including but not limited to catering service, deli, outdoor facility, soda fountain, bakery, sandwich shop, tourboat, movie theater, restaurant, motel and hotel, shall be licensed annually as a victualer in order to operate within or from the Town of Boothbay Harbor.

§ 162-3 Exceptions.

A. A public or private school, public service organization, private club, church organization, fire department or any other nonprofit organization selling food or drink to raise money for a charitable cause shall be exempt from the requirements of this license. Grocery stores, except those selling food items prepared on the premises, shall be exempt. Establishments selling food and drink only through vending machines shall also be exempt.

B. The Town Manager shall have the authority to decide if an establishment is exempt or not prior to application.

[Amended 5-8-2021 ATM by Art. 22]

§ 162-4 Applications.

A. Renewals. The Board of Selectmen shall, on the second Monday of May, annually, review all renewal applications for the purpose of determining the status of the applicant's previous conformance with this chapter and at such time make a decision as to approve the renewal request; table the renewal request, setting a date for the applicant to come before the Board to answer questions affecting the consideration of the renewal request; or, for reason(s) noted, disapprove the request. Notice of such Board of Selectmen meeting shall be given in the manner required by 30-A M.R.S.A. § 3812. Applicants for renewal shall submit a completed application with fees no later than 21 days prior to the first meeting of the Board of Selectmen in May, annually. Failure to meet the annual renewal deadline shall necessitate a new application.

[Amended 3-4-1991 by ATM Art. 16; 5-1-1995 by ATM 63; 5-8-2021 ATM by Art. 22]

B. New applications. New applicants may apply at any time during the year. The Board of Selectmen shall hold a public hearing within 21 days of the receipt of any application deemed to be complete by the Town Clerk.

[Amended 5-8-2021 ATM by Art. 22]

C. Application form. All applicants, whether renewal or new licenses, shall apply on a form as approved by the Board of Selectmen.

[Amended 5-8-2021 ATM by Art. 22]

D. Advertisement. All victualer license applications shall be advertised by posting notices in two or more public places and advertising in a local newspaper, in print and online, at least seven days prior to said meeting.

[Amended 5-8-2021 ATM by Art. 22]

E. License term. A new license, when granted, shall be valid until May 31 immediately following said granting of license; renewals shall be valid until May 31 of the following year.

§ 162-5 License fees; issuance.

[Amended 3-7-1983 by ATM Art. 52; 3-4-1991 by ATM Art. 165-1-1995 by ATM 63; 6-13-2007 by STM Art. 19; 5-8-2021 ATM by Art. 22]

The annual fee for a new license or renewal of a license shall be as specified in the Town Fee Schedule. The fee shall be paid to the Town Treasurer of Boothbay Harbor upon application. A decision to grant, table or revoke a license shall be made by a majority of the Board of Selectmen present. The decision to grant or revoke shall be signed by those members of the Board of Selectmen present. The action taken by the Board of Selectmen shall be effective immediately. The Town Clerk shall issue the license itself within 48 hours of receiving the application form signed by the Board of Selectmen. If denied or revoked, the Board of Selectmen shall sign an order specifying the reasons thereof, and said order shall be delivered to the applicant within 48 hours by a Constable of the Town of Boothbay Harbor. An establishment shall at all times display its current victualers license in a place within the establishment where it can readily be viewed by any member of the public.

§ 162-6 Class of license.

[Amended 3-5-1984 by ATM Art. 23; 3-4-1991 by ATM Art. 16; 5-5-2003 by ATM Art. 20]

A. Class A - Catering: for food prepared in Boothbay Harbor, but not sold directly to the public in a licensed establishment. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

B. Class B - Incidental: for food prepared and sold in a retail outlet whose primary business, as evidenced by the proportional floor space, is other than a victualer; no on-premises consumption. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

C. Class C - Specialty: single item or related items sold to the public: bakeries; ice cream shops, candy shops, etc.; on-premises consumption for a maximum number of 10 persons. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

D. Class D - Take Out: cooked food sold for consumption on or off-premises through an outlet open to the air. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

E. Class E - cooked food prepared outside and consumed on the premises. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

F. Class F - Limited: a facility serving breakfast, lunch, or both, for on-premises consumption. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

G. Class G - Full: a facility serving breakfast, lunch and dinner for on-premises consumption. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

H. Class H - Open: a facility serving at least one cooked meal per day which is also licensed to serve malt, vinous or spiritous liquors for on-premises consumption. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

I. Class I -- snack bars in movie theaters and bowling alleys. New application fees and renewal fees shall be as set by the annual Fees Schedule approved by the Board of Selectmen.

§ 162-7 Certification of compliance required; inspections; other sanitary requirements.

A. Compliance certification. An establishment requesting a victualers license or renewal of the same shall certify to the Board of Selectmen and prove to the Board's satisfaction that it is not in violation of any municipal ordinance, including zoning,[1] or state or federal law, statute, or regulation. The applicant shall also certify that all water charges by the water system, sewer fees by the sewer district and taxes assessed by the Town of Boothbay Harbor on the establishment or equipment and fixtures contained therein are fully paid as of the date of application. The Board of Selectmen may deny any application which fails to meet these requirements.

[Amended 3-2-1992 by ATM Art. 56; 5-8-2021 ATM by Art. 22]

[1] Editor's Note: See Ch. 170, Land Use.

B. Initial inspection. An establishment requesting a license for the first time shall be inspected by the Code Enforcement Officer prior to any action being taken on the license application.

[Amended 5-8-2021 ATM by Art. 22]

C. Application form. An establishment shall apply for a victualers license or renewal on a form designed for that purpose by the Town of Boothbay Harbor. Failure of an applicant to fill out the form completely or any misstatements on said form may result in the denial of the license.

[Amended 5-8-2021 ATM by Art. 22]

D. Health. An establishment licensed as a victualer and providing for on-premises food consumption shall provide with its renewal application a copy of its current licenses issued by all applicable state agencies. A new application shall be granted by the Board of Selectmen only under the condition that the victualer license becomes effective after the state has had an on-site inspection and has issued all applicable licenses.

[Amended 5-8-2021 ATM by Art. 22]

E. Toilets. Classes A thru D are not required to provide public toilets. Classes E thru H shall provide at least one toilet facility. Said toilet facilities may be for the exclusive use of the patrons of the establishment, shall have one entrance, shall have a locking mechanism to secure the door from within, shall include a sink with hot and cold running water, shall be vented outdoors, shall contain a covered waste receptacle and shall provide a means for drying hands.

[Amended 3-2-1992 by ATM Art. 57]

F. Sewage. All classes of establishments, A through H, inclusive, shall either be connected to the public sewer in Boothbay Harbor or have an approved septic disposal system which is constructed and operated in conformance with applicable state and local laws, ordinances and regulations. Mobile food vendors must submit a wastewater disposal plan.

[Amended 5-8-2021 ATM by Art. 22]

G. Garbage. All classes of establishments, A through H, inclusive, shall have a sufficient number of containers with tight-fitting covers for the storage and disposal of garbage generated. The covered containers shall be stored either in a separate room or, if stored outside, shall be stored on a concrete or macadam base or on a surface which is readily washable and shall have an enclosure around them at least three feet in height and secured against entrance by animals.

[Amended 5-8-2021 ATM by Art. 22]

H. Vents. An establishment which cooks food on the premises shall have a vent from the cooking area to the outdoors whenever reasonably possible. The location of said vent shall be such that it does not present an unreasonable nuisance to any abutting property or to the public via fumes, grease, smell, heat, steam, condensation, smoke or noise.

[Amended 5-8-2021 ATM by Art. 22]

§ 162-8 Violations and penalties.

[Amended 3-2-1992 by ATM Art. 55; 5-1-1995 by ATM Art. 63]

Any act made unlawful by this chapter and any violation of this chapter shall be punishable by a fine as set forth in Chapter 1, General Provisions, Article II, General Penalty, for each offense. Each day that such unlawful act or violation continues shall be considered a separate offense.