This chapter is known as the "Town Victualers, Innkeepers and
Lodging House Ordinance" and referred to hereafter as "this chapter."
The purpose of this chapter is to control the issuance of licenses
to the various food service establishments in the Town.
For the purposes of this chapter, the following definitions
apply:
A person who keeps an inn, bed-and-breakfast establishment,
hotel or motel to provide lodging to travelers and others for compensation.[1]
A building in which three or more rooms are rented, but it
does not include:
A house where lodgings are rented to persons within the second
degree of kindred to the person operating the lodging house;
The dormitories of charitable, educational or philanthropic
institutions; or
The emergency use of private dwelling houses at the time of
conventions or similar public gatherings.
All lands, buildings, structures, places, and also the equipment
and appurtenances connected or used therewith in any business, and
also any personal property which is either affixed to or is otherwise
used in connection with any such business conducted on such premises.
A person who serves food or drink prepared for consumption
on the premises by the public.
[1]
Editor's Note: The definition of "Licensing Board," which
immediately followed this definition, as amended 5-30-2018
by Ord. No. 04-18, was repealed 5-9-2022.
No person may operate as a victualer or innkeeper or operate
a lodging house within the Town unless licensed to do so by the Town,
unless specifically waived by the Town. Applications for victualers'
licenses are to be made in writing upon forms supplied by the Town
Clerk and state the name of the applicant; his/her residence and mailing
addresses; the name of the business to be conducted; his/her business
address; the location(s) to be used; residence and business telephone
numbers; and the date of the application. Upon receipt of the application,
the Town Clerk shall refer the same to the Code Enforcement Officer
for a determination to assure compliance with the ordinances, statutes
and regulations of the Town of Kittery and State of Maine.
[Amended 5-9-2022]
A.Â
The municipal officers may hold a public hearing on any original
application for a license for food service within 30 days of the date
the request was received, at which time the testimony of the applicant
and that of any interested members of the public is to be taken. The
applicant must be notified of the hearing date.
B.Â
The Town Manager may review and approve any renewal application for
a license for food service within 30 days of the date the request
was received.
C.Â
The Town is to grant a license unless it is found that issuance of
such license will be detrimental to the public health, safety or welfare
or would be in violation of any Town or state ordinance, rules or
regulations.
The municipal officers may, after a public hearing, suspend
or revoke any license for noncompliance with the ordinances, statutes
and regulations of the Town of Kittery and State of Maine.
[Amended 5-30-2018 by Ord. No. 04-18]
Each person initially licensed as an innkeeper or victualer
or to operate a lodging house must pay to the Town Clerk a fee as
set out in Appendix A. All licenses, unless otherwise provided, are
for 12 months' duration. The renewal fee of said victualer's license
is as set out in Appendix A.[1]
[1]
Editor's Note: See § A-8.
[Added 5-9-2022[1]]
A.Â
Any person aggrieved by the decision of the Town Manager may appeal
such decision to the Town Council. The Town Council, after a public
hearing, may affirm or reverse the Town Manager's decision.
B.Â
Any person aggrieved by the decision of the Town Council may appeal
such decision to the Superior Court as otherwise provided by law and
Rule 80(B) M.R.C.P.
[1]
Editor's Note: This ordinance also repealed former § 5.3.8,
Annual license hearing.
[Amended 5-9-2022]
Any violation of this chapter will be assessed a penalty of
$250. Each day any violation of this chapter continues constitutes
a separate offense.
