The purpose of this chapter is:
(1)Â
To protect the public health, welfare and safety of the general public,
and to assure public confidence in the sale of food, food stuff, and
food products by local merchants; as well as to the sale of wares
and other products for sale; and to regulate the rendering of services
to the general public.
(2)Â
To establish a procedure for the licensing and issuance of permits
for those businesses that are required to be licensed.
[1]
Editor's Note: This ordinance also repealed former Ch. 22,
which contained provisions on businesses, and was adopted as portions
of Ch. 13 of the 1975 Code, as amended.
[Ord. of 4-21-1998(4); Ord. No.
2003.45, 4-1-2003; amended 9-1-2009 by Ord. No. 2009.42]
Words used in this chapter shall have their common meanings
except that, as used in this chapter or in chapters related to this
chapter, the following terms shall have the meanings set forth in
this section, unless the particular licensing provision, or the context
in which the term appears, clearly establishes that a different meaning
was intended:
An area in a business establishment clearly marked and posted
by the business establishment as an adult area where there are contained
photographs, covers of magazines, newspapers, periodicals or other
printed matter which is offensive to children and may be offensive
to adults unwilling to view such materials.
A business, a substantial or significant portion of which
consists of selling, renting, leasing, exhibiting, displaying or otherwise
dealing in materials or devices of any kind which appeal to prurient
interests and which depict or describe specified sexual activities.
A business, a substantial or significant portion of which
consists of selling, renting, leasing, displaying, or exhibiting live
participants or otherwise dealing in materials or devices of any kind
which appeal to prurient interests and which depict or describe specified
sexual activities.
A magazine, newspaper, periodical or other printed matter
which is labeled "for adults only."[1]
Any individual, group of individuals or entity engaged in
dealing (purchasing, selling or exchanging / bartering) so-called
"antiques" that are defined as a relic or object of ancient times;
a work of art, piece of furniture, or decorative object made at an
earlier period, to include but not limited to, furniture, glassware,
photographs and art work, jewelry, including but not limited to watches,
rings, earrings, brooches, hairpins, stick pins, tie clasp, clothing
and footwear; architectural features and attachments from homes and
other buildings, including but not limited to mirrors, shutters, brackets,
mantels, windows and doors; automobiles, motorcycles, motor scooters,
motor-driven cycles and any other motorized means of transportation
that are deemed to be antiques and in the case of automobiles are
twenty-five or more years old, provided that the antique dealer does
not hold a new or used car dealer license; tools, including but not
limited to, saws, hammers, measures, chisels, clamps and toolboxes;
toys and games as well as any and all other items from an earlier
period.
[Added 5-1-2012 by Ord. No. 2012.33]
Means and includes a bona fide nonprofit, charitable, educational,
political, civic, recreational, patriotic or religious organization
which is organized under the provisions of 13 M.R.S.A. § 901,
or 13-B M.R.S.A. § 201, or which is recognized as such by
the Internal Revenue Service under 26 U.S.C.A. § 501 (C)
(3).
Persons operating, on a regular, profit or nonprofit basis,
facilities for social activities in which members or guests provide
their own liquor, where no liquor is sold on the bottle club premises,
which maintain suitable facilities for the use of members on a regular
basis or charge an admission fee to members or the general public
and where members, guests or others are regularly permitted to consume
liquor.
A place where patrons can purchase snacks or food at a cinema,
fair, stadium, or other entertainment venue. Food sold at concession
stands is typically foods such as: french fries, ice cream, popcorn,
pizza, hot dogs, soft drinks, candy, snow cones, cotton candy, pretzels,
and potato chips.
[Added 4-6-2010 by Ord. No. 2010.27]
Conviction under any of the crimes set out at the following
provisions of the state criminal code, or refers to the crimes set
out at the following provisions of the criminal code:
17-A M.R.S.A., Chapter 9 (Offenses Against the Person).
17-A M.R.S.A., Chapter 11 (Sex Offenses).
17-A M.R.S.A., Chapter 19 (Falsification in Official Matters).
17-A M.R.S.A., Chapter 23 (Offenses Against the Family).
17-A M.R.S.A., Chapter 35 (Prostitution and Public Indecency).
17-A M.R.S.A., Chapter 37 (Fraud).
17-A M.R.S.A., Chapter 45 (Drugs).
Any crime defined or classified as a Class B or A crime.
This also includes any prior activity which is found to demonstrate
a lack of good moral character.
Unclothed or uncostumed or not covered by a fully opaque
material.
Means and includes any individual, group of four or more
unrelated individuals or entity selling tangible used or secondhand
personal property or collectors' items to the public at a location,
indoors or outside.
[Amended 5-1-2012 by Ord. No. 2012.33]
Means and includes any single person or entity that is engaged
in selling goods at a flea market.
[Amended 5-1-2012 by Ord. No. 2012.33]
Includes wares, merchandise, food and other items intended
to be sold at retail.
A commercial vehicle which serves as a traveling retail outlet
for the sale of ice cream and similar products to the public, usually
during the summer.
[Added 2-1-2011 by Ord. No. 2011.3]
Means and includes old iron, steel, chain, aluminum, brass,
copper, tin, lead, or other base metals, belting, wastepaper, old
rope, old bags, bagging, barrels, piping, rubber, glass, empty bottles
and jugs of all kinds and quantities, and all other articles discarded
or no longer used as manufactured articles composed of any one or
more of the materials hereinbefore mentioned and of monetary value,
and having no other useful purpose.
[Added 5-1-2012 by Ord. No. 2012.33]
Means and includes any person acting alone, or as a group
or entity operating at a business location in the City of Biddeford,
or traveling to and from place to place within the City of Biddeford
for the purpose of collecting or purchasing junk, or collecting junk
from persons and/or businesses who desire to dispose of it, or traveling
from place to place within the City of Biddeford for the purpose of
purchasing junk, or making a business of purchasing junk from a person
who carries it away after purchase.
[Amended 5-1-2012 by Ord. No. 2012.33]
Means and includes any person, group of persons, or entity
engaged in the purchase, sale or bartering of/for items, including
but not limited to, old iron, steel, chain, aluminum, brass, copper,
tin, lead, or other base metals, including scraps from the manufacture
of those items; belting, wastepaper, old rope, old bags, bagging,
barrels, piping, rubber, glass, empty bottles and jugs of all kinds
and quantities, and all other articles discarded or no longer used
as manufactured articles composed of any one or more of the materials
hereinbefore mentioned and of monetary value, but having no other
useful purpose.
[Amended 4-19-2011 by Ord. No. 2011.14; 5-1-2012 by Ord. No.
2012.33]
Used interchangeably to mean any business, including but
not limited to a sole proprietorship, in which the business operations
consist of providing or making available massage in the City for consideration
or with the expectation of receiving consideration or any gratuity,
whether or not the business has a fixed place of business within the
City limits.
A person who provides or offers to provide massage therapy
for a fee, monetary or otherwise. This definition includes the use
of different forms of the term "massage therapist" or "massage practitioner,"
such as "masseuse" or "masseur."
A scientific or skillful manipulation of soft tissue for
therapeutic or remedial purposes, specifically for improving muscle
tone and circulation and promoting health and physical well-being.
The term includes, but is not limited to, manual and mechanical procedures
for the purpose of treating soft tissue only, the use of supplementary
aids such as rubbing alcohol, liniments, oils, antiseptics, powders,
herbal preparations, creams or lotions, procedures such as oil rubs,
salt glows and hot or cold packs or other similar procedures or preparations
commonly used in this practice. This term specifically excludes manipulation
of the spine or articulations and excludes sexual contact as defined
in 17-A M.R.S.A. § 251, Subsection 1D.
Any officer, director, stockholder, owner, manager or person
who either has a financial interest of any nature in a bottle club
or directs any policy of a bottle club.
A corporation, partnership or unincorporated association.
Means and includes any person or group of persons acting
individually or as a group or entity whose business or occupation
is to take or receive, by way of pledges, pawn, or exchange/barter,
any goods, wares, or merchandise, or any kind of personal property
whatsoever, as security for the repayment of money loaned thereon
at a stipulated rate of interest or at a stipulated amount of repayment;
any person whose business or occupation is to purchase any such property
on condition of selling the same back again to the seller thereof
or his assignee at a stipulated price; provided, however, that this
definition shall not apply to banking institutions, brokerage houses,
members of the stock exchanges, or persons who make loans exclusively
upon stocks, bonds, bills of lading, warehouse receipts, mortgages,
contracts, commercial paper, or other written or printed evidence
of ownership of property or of indebtedness to the holder or owner
of any such security.
[Amended 5-1-2012 by Ord. No. 2012.33]
Any building or other permanently affixed structure, including
a home residence, which is owned or held under a twelve-month lease
or rental agreement at the time business is commenced, and is used
in whole or in part for the purpose of engaging in the sale of secondhand
goods.
A human being or a firm, business, corporation, or an organization.
Means and includes any person whose license is suspended
or revoked or whose license application is denied by the Clerk or
any other administrative official charged with responsibility for
the granting or supervision of any license.
Means and includes the applicant and any officer, director,
partner, owner, manager, or person who either has an actual ownership
interest in the entity or directs any policy of the entity.
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession and work of massage
therapy and is recognized or certified by Maine or any other state.
Schools offering a correspondence course not requiring actual attendance
of class shall not be deemed a recognized school.
A public place kept, used, maintained, advertised, and held
out to the public as a place where meals are served, without sleeping
accommodations, such space being provided with adequate and sanitary
kitchen and dining room equipment and capacity and having employed
therein a sufficient number and kind of employees to prepare, cook,
and serve suitable food for its guests; provided, further, that no
restaurant licensed as such shall sell alcoholic beverages except
when meals are available.
A person shall be deemed a salesperson, waiter, waitress
or entertainer if such person acts in that capacity without regard
to whether or not such person is paid any compensation by the management
of the establishment in which the activity is performed.
Any person, group of individuals or entity predominantly
engaged in the business of dealing in, by purchasing, selling, exchanging
or bartering, used or otherwise secondhand articles, including but
not limited to computer hardware and other electronic equipment, firearms,
watches, diamonds or any other precious stones, gold, silver, platinum
or other precious metals, and jewelry; also includes used motor vehicles,
motorized equipment, boats, motorcycles, motor scooters, motor-driven
cycles, aircraft, construction equipment and any other similar items
if the dealer does not hold a valid State of Maine license or permit
to deal in those specific items.
[Amended 5-1-2012 by Ord. No. 2012.33; 4-2-2013 by Ord. No. 2013.19]
Any person who engages in the business of selling, but not
purchasing, secondhand merchandise and who does not have for the purpose
of carrying on such business any permanent place of business within
the City. Such term does not include persons who sell at public fairs
or expositions or members selling on behalf of public service organizations.
[Amended 5-1-2012 by Ord. No. 2012.33]
A person who sells or vends wares, goods or services in a
public place from a movable conveyance or temporary structure or other
enclosure.
[Amended 5-1-2012 by Ord. No. 2012.33]
A person who serves food or drink prepared on site for consumption
by the public.
Any municipally controlled way or public easement as defined
in 23 M.R.S.A. §3021, and includes sidewalks along such ways
and public easements.
[Amended 5-1-2012 by Ord. No. 2012.33]
[1]
Editor's Note: The definition of "automobile graveyard," which
immediately followed this definition, was repealed 4-19-2011 by Ord.
No. 2011.14.
[Added 9-1-2009 by Ord. No. 2009.42]
(a)Â
No person shall engage in, operate any business or activity, or use
or permit the use of any device for which one or more licenses are
required by this chapter or permit others operating under such licenses
to act, without having obtained such and every such license required
therein and shall not operate or use such license or device during
any time that the applicable license has been suspended or after revocation
as provided herein.
(b)Â
A license may be issued pending receipt of the criminal history report
from the State Bureau of Identification for pawnbrokers, junk dealers,
secondhand dealers and flea markets, and taxi cab drivers as defined
herein, provided that the City Clerk has received all other documentation
required for the issuance of such license and a copy of the applicant's
criminal history record for the Biddeford Police Department, which
criminal history record does not contain a disqualifying criminal
conviction. If, after issuance of the license, the City Clerk receives
a criminal history report from the State Bureau of Identification
that contains disqualifying information, the City Clerk shall immediately
move to suspend or revoke the license in accordance with this Code.
(c)Â
Any person engaged in or operating any business or activity, or who
uses or permits the use of any device for which a license is required,
shall procure a license for each and every such business activity,
device or location of each activity or device unless this Code specifically
provides to the contrary.
(d)Â
Every license shall be displayed in a conspicuous place on the premises,
device or vehicle at all times that the premises, device or vehicle
is open to the public.
