[Ord. of 4-21-1998(4); Ord. No.
2000.54, 7-5-2000; amended 9-1-2009 by Ord. No. 2009.42]
(a)
This chapter is adopted under the authority of 30-A M.R.S.A. §§ 3001,
3009 and is also intended to be enforced as a land use regulation
within the meaning of 30-A M.R.S.A. § 4452.
(b)
All licenses shall be issued or denied by the City Clerk; and all
licenses may be suspended or revoked after a hearing, which shall
be held by the City Council except as otherwise provided elsewhere
in this chapter.
(c)
No license shall be issued to a person, corporation or other legal
entity unless all buildings, structures, vessels and platforms are
in compliance with zoning, building and fire safety codes, where applicable.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
(a)
All applications shall be made in writing on a form provided by the
City Clerk. Each application submitted to the Clerk shall state the
name and business address of each applicant, the license desired,
location to be used, if any, the date of the application, and such
additional information as may be deemed necessary or useful by the
Clerk in determining whether such permit or license applied for should
be issued.
(b)
Other papers:
(1)
Any application for a license for which a criminal conviction
is a disqualification under this Code shall be accompanied by a written
waiver of the applicant's right to privacy or confidentiality under
the State Criminal History Records Act (16 M.R.S.A. § 611
et seq.) and otherwise to the extent necessary for the City Clerk,
acting through the Chief of Police, to determine whether or not such
disqualification exists.
(2)
If the applicant is other than a natural person, the names of
all principal officers shall accompany the original application.
(3)
A statement to the fact that no employee or officer of the City
is beneficially interested in the license or licenses, or in lieu
thereof, a statement of the names of such employees or officers as
are beneficially interested.
(4)
In the case of a renewal, the licensee shall submit to the Clerk
on a form provided by the Clerk, a certified ownership report for
the previous twelve-month period. Such report, among other things,
shall list the names of all persons or groups of persons acting in
concert who at any time during the period had an actual ownership
interest.
(5)
Any organization claiming status as a bona fide nonprofit organization
shall furnish sufficient evidence of such status.
(e)
Upon completion of the above inspections/approvals, the City Clerk
will issue the license.
(f)
Liquor licenses. All liquor license renewals will follow the process
as stipulated in state law.
[Ord. of 4-21-1998(4); Ord. No.
99.97, 11-16-1999; Ord. No. 2000.54, 7-5-2000; Ord. No. 2001.49, 5-16-2001; Ord. No. 2002.34, 4-2-2002; Ord. No. 2003.114, 11-18-2003; Ord. No.
2003.131, 12-16-2003; amended 9-1-2009 by Ord. No. 2009.42; 5-1-2012 by Ord. No. 2012.33]
(a)
Application fees. Except as expressly provided, all applications
for original licenses or for the consent of the City Council other
than a flea market or auction, shall be accompanied by an administrative
fee of $10 to defray the cost of processing the application. All applications
for renewal of licenses shall be accompanied by the fees for issuance
and an administrative fee of $10 to defray the cost of processing
the application. The latter shall be refundable if the application
is denied. In any case where notice by publication or mail is required,
the applicant shall pay the cost of publication and postage in advance.
(b)
Appeals fee. Appeals from determinations of the City Clerk shall
be accompanied by a filing fee of $25, and the appellant shall also
pay the full cost of publication and postage in advance, if such notice
is required. For the purposes of this subsection, notice by publication
shall be deemed to apply to the hearing on appeal whenever the requirement
of publication would exist in the first instance.
(c)
Fees for issuance.
(2)
The City Clerk will use the following fee structure to develop
the appropriate license fees.
[Amended 2-1-2011 by Ord. No. 2011.3; 4-19-2011 by Ord. No.
2011.14; 5-1-2012 by Ord. No. 2012.33; 4-2-2013 by Ord. No. 2013.19; 4-16-2013 by Ord. No. 2013.28; 11-19-2019 by Ord. No. 2019.118; 6-20-2023 by Ord. No. 2023.67]
|
Type of License or Service
|
Fee
| |||
|---|---|---|---|---|
|
Places of amusement/entertainment
|
$150 (single/multiple events)
| |||
|
Concerts
| ||||
|
Exhibitions (including live performances)/shows
| ||||
|
Playhouses/plays
| ||||
|
Circuses
| ||||
|
Carnivals
| ||||
|
Air shows
| ||||
|
Indoor skating rinks
|
$150 (annual)
| |||
|
Theater/moving-picture houses
|
Plus $25 per screen
| |||
|
Bottle clubs
| ||||
|
Billiard rooms
| ||||
|
Public firing ranges
| ||||
|
Bowling lanes
| ||||
|
Automobile service/repair; automobile graveyards, automobile
recycling businesses, and junkyards
| ||||
|
Automobile graveyard
|
$200
| |||
|
Automobile recycler business
|
$250
| |||
|
Junkyard without hazardous materials
|
$100
| |||
|
Junkyard with hazardous materials
|
$250
| |||
|
Recycling facilities
|
$200
| |||
|
Recycling facilities with hazardous materials
|
$500
| |||
|
Automobile service/repair
|
$75
| |||
|
Places/dealers in products
|
$200
| |||
|
Antique dealers
| ||||
|
Dealers in gold jewelry, etc.
| ||||
|
Flea markets
| ||||
|
For 20 tables
| ||||
|
For each additional table
|
$5
| |||
|
Junk dealers
| ||||
|
Secondhand dealers
|
Required to pay a one-time licensing fee of $200 when the business
is first established; not required to go through the annual license
renewal process
| |||
|
Pawnbrokers
|
$200
| |||
|
Operating license
| ||||
|
Taxicabs, motorbuses, public automobiles
|
$50 (plus $20 per sticker)
| |||
|
Victualers
|
$75
| |||
|
If serving beer and/or wine
|
$100
| |||
|
Serving liquor
|
$150
| |||
|
Massage establishments
|
$100
| |||
|
Massage therapists
|
$100
| |||
|
Combined massage establishment/massage therapist
|
$150
| |||
|
Ice cream truck, per truck
|
$75
| |||
|
Cannabis
| ||||
|
Cannabis grow facility license (facility size)
| ||||
|
Grow facility between 10,001 to 20,000 square feet of floor
area
|
$1,000
| |||
|
Grow facility between 20,001 to 30,000 square feet of floor
area
|
$2,000
| |||
|
Grow facility between 30,001 to 40,000 square feet of floor
area
|
$3,000
| |||
|
Each additional 10,000 square feet of floor area or less
|
An additional $1,000
| |||
|
Cannabis sales
| ||||
|
Store
|
$2,500 up to 2,000 square feet used for retail; each additional
1,000 square feet or less an additional $1,000
| |||
|
Cannabis services
| ||||
|
Delivery service
|
$2,500 per establishment doing business in Biddeford
| |||
|
Manufacturing
|
$1,000 per 1,000 square foot of floor area
| |||
|
Testing facility
|
$1,000 per 1,000 square foot of floor area
| |||
|
Cannabis Commercial Kitchen
|
$1,000
| |||
|
Miscellaneous
|
$10
| |||
|
Newspaper vending machines (per machine)
| ||||
|
Video game devices (per 5 machines to a maximum of $50)
| ||||
|
Other
| ||||
|
Advertising/liquor license (See state law.)
|
At cost plus 10%
| |||
|
Vendors on public places (See appropriate section.)
|
$50
| |||
|
Wastehaulers
| ||||
|
Per business
|
$150
| |||
|
Per truck
|
$150
| |||
|
Sludge disposal
|
$50
| |||
|
Adult businesses, per annum
|
$2,000
| |||
|
City Clerk fees
| ||||
|
Notary attesting for residents
|
$2
| |||
|
Notary attesting for nonresidents
|
$5
| |||
|
Dedimus justice services
|
$10
| |||
|
Marriage ceremony
|
$100
| |||
|
Motor vehicle agent fee
|
As set within the limits of legislative action
| |||
|
Sale of Zoning Ordinances
|
$50
| |||
|
Sale of Subdivision Ordinances
|
$10
| |||
|
Vital records research
|
$10 per hour
| |||
|
Sale of voter I.D. card
|
$5
| |||
(d)
[1]Prorated license fees. On any initial application for a
business license received by the City Clerk during the last four months
of the licensing year, the licensing fee is 1/2 of the annual licensing
fee. All fees are due at the time of business license application
submittal. Proration of licensing fees does not apply for business
license renewals.
[Added 5-1-2012 by Ord. No. 2012.33]
(e)
Waiver of fee. No fee for a victualer's license shall be charged
to any organization that operates a concession stand at a school-aged
sporting event whose proceeds are used exclusively for the purchase
of team uniforms, equipment, operating supplies, or for the improvement
of the sports fields and facilities. For the purpose of this subsection,
"school-aged sporting event" shall mean and include all sponsored
sporting events that are organized and operated within the structure
of a league, or under the auspices of the Biddeford School Department
or a Biddeford private school, or under a program that is sanctioned
by the City's Recreation Department and whose participants are enrolled
in school and not older than 19 years of age.
[Added 4-6-2010 by Ord. No. 2010.27]
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
A late charge of $10 shall be added to each license fee for
each license that has expired more than 30 days, and an additional
fee of $10 shall be charged for each month thereafter that the license
has not been renewed. The City Clerk may waive any part or all of
the late fee upon good cause being shown.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
All annual licenses and permits, except victualers licenses,
issued under this article shall expire at 12:00 midnight on December
31 of the year of issuance, unless otherwise indicated. A victualers
license issued under this chapter expires annually on May 31 of the
year of issuance.
[Added 9-1-2009 by Ord. No. 2009.42]
(a)
Upon receipt of an application for any license or permit, other than
a renewal application substantially identical to the original application,
the Clerk shall inquire of other City departments, as appropriate,
for comments as to whether a license may be granted consistent with
the provisions of the laws and ordinances enforced by such departments.
In all appropriate cases, the building authority shall verify that
the premises to be used for the proposed facility comply with the
Building Code, Electrical Code, Plumbing Code and Zoning Ordinance,
and if applicable, state Junkyard Screening Law; the Health Authority
shall cause inspections to be made of the proposed location of any
premises dispensing food or liquor; the Fire Chief shall cause inspection
to be made for the purpose of determining if City ordinances, a state
law or state regulations concerning fire and safety have been complied
with; and if the license is not issuable to any class of persons,
the Police Chief shall cause an investigation to be made of the principal
officers or persons to be licensed. All such persons shall report
to the Clerk in writing, and copies of any such report shall be deemed
a public record.
(b)
Whenever a criminal background check is done prior to issuance of
a license, any cost of such background check which is charged to the
City by another agency shall be added to the fees to be paid by the
applicant.
[Added 9-1-2009 by Ord. No. 2009.42]
(a)
Grounds In addition to any other specific provision of this Code
authorizing such action, a license or permit may be denied, suspended
or revoked upon a determination of the existence of one or more of
the following grounds:
(1)
Failure to fully complete the application forms; knowingly making
an incorrect statement of a material nature on such form; or failure
to supply any additional documentation required or reasonably necessary
to determine whether such license is issuable, or failure to pay any
fee required hereunder;
(2)
The licensed activity, or persons on the premises for the purpose
of participating in the licensed activity, or persons patronizing
the licensed device have caused one or more breaches of the peace;
or
(3)
There is clear danger that a breach of the peace will occur
if the licensed activity is permitted; or practicable thereafter.
(b)
At any hearing, the licensee shall be given the opportunity to answer
the complaint and to present evidence. The complainant shall also
be notified of the hearing and given the opportunity to be heard.
(c)
All suspensions or revocations shall be upon substantial evidence,
and all hearings shall be conducted with substantial fairness and
strict adherence to the rules of evidence shall not be required.
(d)
All hearings on suspension or revocation of licenses shall be held
within 30 days of delivery to licensee of the generalized statement
of complaint.
[Amended 9-1-2009 by Ord. No. 2009.42]
(a)
Grounds for denial. The City Clerk may deny a license application
under this article upon a finding that the applicant:
(1)
Does not have the financial capacity and technical ability to
conduct the activity described in the application; or
(2)
Has a history of complaints and problems resulting from the
proposed business; or
(3)
Has failed to comply with any other provisions of this article;
or
(4)
For other reasons that would support the position that approval
of the license would be adverse to the public health, safety or welfare
of the citizens of the City.
(b)
Hearing following denial of license. If the City Clerk denies a license
application under this article, the Clerk shall notify the applicant
in writing, stating the reasons for the denial. An appeal to the City
Council may be taken by any person aggrieved by the denial, suspension
or revocation of a license by the Clerk by filing a notice of appeal
and the prescribed fee with the City Council within 30 days of the
decision appealed from, and not thereafter. Every appeal should be
in writing and shall state the basis for the appeal. The City Council
shall hear the appeal within 10 business days after the filing of
the appeal and may affirm, reverse or modify the decision appealed
from. The taking of an appeal shall not stay a decision appealed from,
except that at the request of the licensee, the Clerk may stay the
effective date of a suspension, revocation or denial of a renewal
license upon a finding that the public is not likely to suffer any
harm during the pendency of the appeal. In such case, the Clerk shall
make a written finding of his or her decision in this regard and shall
notify the appellant. The applicant may seek review of the denial
in superior court pursuant to Maine Rules of Civil Procedure 80B,
within 30 days after the denial.
(c)
Suspension or revocation of license. Any license issued under this article may be suspended or revoked by order of the municipal officers after notice and hearing in accordance with the procedures in Section 22-16(d), for the following causes:
(d)
Hearings.
(1)
After investigation which results in a determination that the
municipal officers should consider revocation or suspension of a license,
the City Clerk shall serve notice of a hearing on the licensee or
leave it at the licensed premises at least three days before the time
set for hearing.
(2)
After the hearing the licensee must be given an opportunity
to hear the evidence in support of the charge(s) against the licensee,
to cross-examine, alone or through counsel, the witnesses, and be
heard in the licensee's own defense.
(3)
After considering all information presented, the municipal officers
may suspend or revoke a license if they find that the licensee is
no longer fit to hold a license or for any cause which the municipal
officers deem satisfactory, they may suspend a license for any period
of time they consider proper.
(e)
Appeal. The licensee may seek review of the denial in superior court
pursuant to Maine Rules of Civil Procedure 80B, within 30 days after
the denial.
