[Adopted as Ch. 11, Art. I, of the 1990 Code]
[Added 5-3-1999 by Ord.
No. 79]
It shall be unlawful for any person, directly or indirectly,
to conduct any business or activity or to use in connection therewith
any vehicle, premises, machine or device, in whole or in part, for
which a license or permit is required under this chapter or any other
regulation or ordinance of the City of Augusta or under any state
statute within the boundaries of the City of Augusta without a license
or permit therefor being first procured and kept in effect at all
times as required by this chapter, any other ordinance of the City
or by state statute.
Every person required to procure a license or permit under the
provisions of this chapter, any other ordinance or any state statute
shall submit an application for such license or permit to the City
Clerk.
A.
Form of application. The application shall be a written statement
upon forms provided by the City Clerk.
B.
Contents of application. Each application shall state the name of
the applicant, the permit(s) or license(s) sought, the location of
the premises to be licensed or the activity to be authorized and any
other information which the City Clerk may deem necessary for the
proper administration of this chapter.
C.
Special events. In the case of special events which are temporary
in nature and sponsored by a nonprofit or charitable organization,
one temporary food service permit shall be obtained by said organization
listing all food service vendors.
All administrative powers and authority vested in the City Council
to grant or deny the license(s) and permit(s) required hereunder shall
be delegated to the City Clerk.
A.
Upon receipt of the application, the City Clerk shall inquire of
such other departments, to include the Chief of Police, Code Enforcement,
and Tax Collector, also known as the "Licensing Board," as to whether
a license may be granted consistent with the provisions of the laws
and ordinances enforced by such departments. Unless delayed for reasons
beyond his/her control, including but not limited to the failure of
the applicant to provide all required information, the City Clerk
shall act on the application within 30 days after receipt thereof.
B.
In the event of denial of the application, the City Clerk shall give
the applicant written notice of reason or reasons for his/her decision
and shall make a finding of fact, in writing, sufficient to apprise
the applicant and any interested member of the public as to the basis
for his/her decision. A written record or copy thereof shall be kept
by the Clerk and made available to any interested member of the public
who may wish to review it as required under 1 M.R.S.A. § 407,
Subsection 1.
The license and permit fees for various businesses and occupations
shall be set from time to time and a schedule of such fees is on file
in the City Clerk's office.
A.
In determining whether to grant or deny a license or permit required
hereunder, the City Clerk shall determine whether the applicant complies
with all standards and criteria for the issuance of said license or
permit as may be established by ordinance or statute.
B.
In addition, unless otherwise prohibited by law, there must be an
affirmative showing by the applicant that he/she complies with the
following:
(1)
The activity to be licensed or authorized is an authorized use in
the zone in which it is to be located or conducted;
(2)
The applicant has obtained all necessary approvals and permits under
this chapter;
(3)
The applicant has paid all real estate and personal property taxes,
sewer user fees and other debts owed to the City then currently due;
and
(4)
The applicant is of good moral character.
A.
The issuance or denial of any license or permit required hereunder
may be appealed by the applicant to the City Council of the City of
Augusta within 10 days after the City Clerk renders his/her decision
on the application. Notice of such appeal shall be filed, in writing,
with the City Clerk and shall outline the grounds therefor. Upon receipt
of such notice, the City Clerk shall cause such item to be considered
at the next regular business meeting of the City Council.
B.
Scope of review. On appeal, the City Council shall review the decision
of the City Clerk to determine whether the decision was based on substantial
evidence. The Council may take additional evidence with respect to
the City Clerk's decision and shall determine the appeal upon all
the evidence.
A license or permit issued under this chapter may be suspended or revoked by the City Clerk after written notice of the proposed suspension or revocation and the grounds therefor and after a hearing before the Licensing Board. The hearing shall be conducted in the same manner as hearings on appeals under § 190-6 above.
Any decision by the Licensing Board under this chapter may be
appealed to the City Council for de novo review. Such review shall
be conducted in public session at a regular City Council meeting or
at a special City Council meeting called for that purpose within 30
days of the appeal date. Following the City Council's review and action
on the appeal, the decision of the Council may be appealed to the
Superior Court pursuant to Rule 80B of the Maine Rules of Civil Procedure.
All provisions of this chapter and applicable state statutes shall be enforced by the City Clerk. In the event that the Clerk determines that enforcement litigation is necessary, the Clerk shall refer the matter to the Corporation Counsel for assistance. The Clerk and Corporation Counsel are hereby authorized to commence all enforcement proceedings they deem necessary and to prosecute the same in the name of the City of Augusta without further act of the City Council. No enforcement action shall be filed by Corporation Counsel with respect to a particular violation until the time for appeal under § 190-6 above has expired or while an appeal to the Licensing Board or City Council remains pending.
In addition to any action which may be taken by the City Clerk
or the Licensing Board or the City Council with respect to the denial,
suspension or revocation of a license or permit and unless otherwise
provided by ordinance or statute, a violation of this chapter shall
be a civil violation punishable by a fine of not less than $50 nor
more than $500 for each offense. Each act of violation and every day
upon which any such violation shall continue shall constitute a separate
offense. All fines shall inure to the benefit of the City of Augusta.
The license and permit fees for various businesses and occupations
shall be set from time to time and a schedule of such fees is on file
in the City Clerk's office.
In accordance with 28 M.R.S.A. § 251 et seq.,[1] the City Clerk shall have the authority to approve or
disapprove applications for liquor licenses. Applicants for liquor
licenses shall be required to pay to the City Clerk at the time of
submission of an application an amount of money sufficient to cover
the cost of all publication fees for the public notice of hearing,
in an amount to be determined by the City Clerk.
[1]
Editor's Note: 28 M.R.S.A. § 251 et seq. was repealed
by L. 1987, C. 45, § a. See now 28-A M.R.S.A. § 651
et seq.
[Amended 1-6-1992 by Ord.
No. 244]
A.
Every transient seller of consumer merchandise, as defined by 32
M.R.S.A. § 4681(7),[1] intending to sell merchandise, as defined by 32 M.R.S.A.
§ 4681(3),[2] in the City shall file his state license and an application
prepared by the City Clerk and Police Chief for a local license with
the Tax Collector. Before selling, offering or exposing for sale any
merchandise, every transient seller of consumer merchandise shall
pay the Collector a local license fee for sales in the City, which
fee shall be set from time to time and a schedule of such fees is
on file in the City Clerk's office. The local license will be valid
for the calendar year.
[Amended 10-5-2017 by Ord. No. 17-155]
A.
CONSUMER
PAWNBROKER
SECONDHAND DEALER
Definitions
means a person who pledges or otherwise delivers personal
property to a Pawnbroker.
means any person engaged in the business of lending money
on the security of pledged tangible personal property that is delivered
to the pawnbroker and held by the pawnbroker. The term also includes
the purchase of tangible personal property on the condition that it
may be repurchased by the seller for a fixed price within a fixed
period of time.
means any person who regularly engages in the purchase, collection,
transfer or storage for later resale, or who engages in selling, any
article, vehicle or material, or portion thereof, of which prior use
has been made in a manner whatsoever. The term "secondhand dealer"
shall not be construed to include pawnbrokers, junk collectors, or
"dealer" as defined by 29-A M.R.S.A. § 851; nor shall it
include any person primarily engaged in the retail sale of new and
unused goods, or who only purchases goods in bulk such as at estate,
court or government issued sales.
B.
License
(1)
No
person shall conduct business as a pawnbroker or secondhand dealer
without first obtaining a license pursuant to the following provisions:
(a)
The City Clerk shall issue a license to conduct business as a pawnbroker
or secondhand dealer to any person over the age of 21 who demonstrates
that he or she:
(b)
A license shall be obtained by the owner or duly authorized agent
of the premises where the business is to be located ("licensed business
location") by submitting a completed application to the City Clerk's
office upon forms provided for such purposes.
(c)
The annual license fee shall be set from time to time and a schedule
of such fee is on file in the City Clerk's office.
(d)
Whoever carries on business as a pawnbroker or secondhand dealer
without a license shall be punished in accordance with 30-A M.R.S.A.
§ 3961.
(2)
Any
license issued pursuant to this provision shall be valid for one year
only.
C.
Pawnbrokers - Account of business done and disclosure to consumer
(1)
Account
kept. Every pawnbroker shall maintain records in which a pawnbroker
shall enter:
(a)
The date, duration, amount, periodic rate of interest and annual
percentage rate of every loan that is made;
(b)
The finance charge, due dates for payment and the total payment needed
to redeem or repurchase the pawned property;
(c)
The terms of redemption or repurchase, including any reduction in
the finance charge for early redemption or repurchase and the right
of the consumer to at least one extension of 31 days at the same rate
of interest upon request in writing or in person; and
(d)
An accurate description of all articles received, including any readily
identifiable serial number or similar registration number, or any
other personalized identifying characteristic marking having been
uniquely applied. Digital photographs shall be kept of any article
that has distinguishing features but no serial or registration number;
(e)
The name, residence and date of birth of the consumer, together with
the correct and exact time when such articles were received in trade
or purchased. Before recording the information required by this section,
a dealer shall require a reasonable identification from the consumer
in the form of a motor vehicle operator's license, military identification
card, state-issued identification card or similar item which confirms
the person's identification by date of birth and by physical description;
and
(f)
The name and residence of the buyer, together with the correct and
exact time when such articles were given in trade or sold.
(2)
Delivery to consumer: At the time of the pawn transaction, the pawnbroker shall deliver to the consumer a signed, written disclosure complying with the truth-in-lending provisions of the Maine Consumer Credit Code, 9-A M.R.S.A § 8-A containing the items required by subsection A of this section and the name and address of the pawnbroker.
D.
Secondhand dealers - Required recordkeeping
(1)
(2)
Required
records. A secondhand dealer shall make out, and have available for
periodic collection, a legible and correct list containing:
(a)
An accurate description of all articles purchased, including any
readily identifiable serial number or similar registration number,
or any other personalized identifying characteristic marking having
been uniquely applied. Digital photographs shall be kept of any article
that has distinguishing features but no serial or registration number;
(b)
The name, residence and date of birth of the seller, together with
the correct and exact time when such articles were purchased, and
the purchase price paid for the item. Before recording the information
required by this section, a dealer shall require a reasonable written
proof of the seller's identification in the form of a motor vehicle
operator's license, military identification card, state-issued identification
card or similar item which confirms the person's identification by
date of birth and by physical description; and
(c)
The name and residence of the buyer, together with the correct and
exact time when such articles were given in trade or sold.
E.
Record
retention and reporting.
(1)
All
records required by this Ordinance to be kept by pawnbrokers or secondhand
dealers may be retained in paper or electronic form. Records shall
be maintained no less than two (2) years.
(2)
Inspection:
The pawnbroker or secondhand dealer shall allow the City or any law
enforcement agency to inspect the records at all reasonable times.
F.
Retention
of articles.
(1)
Articles received or purchased by a pawnbroker or secondhand dealer shall be retained by such pawnbroker or dealer in the same condition in which they were obtained and in an accessible place at the licensed business location where such articles can be examined and inspected. Articles shall be held for at least 15 days before they are disposed of. This paragraph does not apply to secondhand dealers with respect to any item that is described as exempt under § 190-14D(1).
(2)
No
pawnbroker or secondhand dealer shall sell, destroy or alter any property
received or purchased until it has remained in his possession for
the duration of time as required by this article or by applicable
state law.
G.
Receiving
Articles from minors, thieves.
No one licensed pursuant to this ordinance shall purchase or
receive any article from any person under the age of 18 years without
the written consent of such person's parent or guardian; from any
person known by the licensee to be a thief or to have engaged in the
receiving of stolen property; or from any person who the licensee
has reason to believe to be a thief or receiver of stolen property.
H.
Fixed
Establishment
Any person or business meeting the definition of pawnbroker
or secondhand dealer shall have a fixed principal establishment in
the city.
I.
Violation
This ordinance may be enforced by any law enforcement agency.
Violation of any section of this ordinance shall be considered a civil
violation in accordance with 17-A M.R.S.A. § 4-B and shall
subject the offender to a civil penalty in the amount of $100 to $2,500
per offense, an injunctive order, payment of the City's legal fees
and costs, and any other penalty available by law. The City Council
may, if it determines that a pawnbroker or secondhand dealer has violated
this ordinance, revoke the pawnbroker’s or secondhand dealer's
license, after notice and hearing. The requirements and penalties
provided for by this ordinance are in addition to and do not limit
or supersede any other requirements or penalties provided for by state
or federal law.
No person shall offer for sale a stock of goods, wares or merchandise
under the designation of "closing-out sale," "going-out-of-business
sale," "discontinuance-of-business sale," "entire stock must go,"
"must sell to bare the walls," or other designation of like meaning
unless he has obtained a license to conduct such a sale from the City
Clerk. Such license shall be granted by the City Council in accordance
with the state statutes and for a fee which shall be set from time
to time, and a schedule of such fees is on file in the City Clerk's
office.
[Amended 6-19-1989 by Ord. No. 113(2); 8-21-1989 by Ord. No. 193(2)]
A.
The City Clerk, Treasurer, Chief of Police and Code Enforcement Officer,
called the "Licensing Board," shall meet annually and, after notice
as provided in 30-A M.R.S.A. § 3812, shall license under
their hands as many persons of good moral character and under such
restrictions and regulations as they deem necessary to be innkeepers
and victualers, and at any meeting so notified and held may revoke
licenses so granted if in their opinion there is sufficient cause.
B.
Every person licensed as an innkeeper or victualer shall pay to the
Treasurer for the use of the City a fee for such license, which fee
shall be set from time to time, and a schedule of such fees is on
file in the City Clerk's office.
All bakeries preparing and wholesaling food and those persons
preparing pizzas and Italian sandwiches in the City shall obtain a
victualer's license.
A.
The City Clerk may, if in his opinion public convenience so requires,
issue a license to any reputable person upon payment of an annual
license fee which shall be set from time to time, and a schedule of
such fees is on file in the City Clerk's office, to maintain a vehicle
for the sale of food in such part of any public way and during such
hours as he may designate, provided that public travel is not incommoded
thereby.
B.
No person licensed under this section shall offer prepared food for
sale in a public way within 200 feet from any permanent establishment
dispensing prepared foods of like kind.
[Added 4-9-1984 by Ord.
No. 403]
A.
Permit required. Any person or other entity selling food or food
products of any kind from a mobile or temporary facility must complete
an application and obtain a permit from the City Clerk.
B.
Application. The application shall contain:
(1)
Name of applicant.
(2)
Address (legal/local).
(3)
Type of products to be sold.
(4)
Location where products will be sold.
(5)
Copy of state license, if applicable.
(6)
Length of time for which the right to do business is desired.
(7)
If a vehicle is to be used, a description of the same, together with
registration number or other means of identification.
C.
Fee. A permit fee shall be charged by the City Clerk to cover the
cost of processing the application and permit. The amount of such
fee shall be set from time to time and kept on file in the office
of the City Clerk.
D.
Display of permit. The permit under this section shall be displayed
by the permit holder at all times.
E.
Exception. The provisions of this section shall not apply to persons
or other legal entities that sell food products on property owned
by them or to nonprofit fund-raising organizations.
[Amended 1-6-1992 by Ord.
No. 244]
No person shall expose goods for sale on any street or sidewalk
without a written permit from the Police Chief.
[Amended 11-18-1985 by Ord. No. 224; 1-6-1992 by Ord. No. 244]
A.
No permit for a concealed weapon shall be issued to any individual,
except as provided herein and as provided in 25 M.R.S.A. § 2003.
The Police Chief is hereby designated as the issuing authority for
permits to carry concealed weapons.
B.
The Police Chief shall prepare an application form to be completed
by all applicants for a concealed weapon permit, which shall be consistent
with the provisions of 25 M.R.S.A. § 2003(1)(D).
C.
The fees for such permit for an original application and for a renewal
permit shall be set from time to time and a schedule of such fees
is on file in the City Clerk's office.
It shall be prohibited for any person, except with the permission of the City Clerk, to sell, vend, distribute or display crafts, wares or any other tangible items on any property in the vicinity of the Augusta Civic Center which is owned or leased by the City, including lawns, streets, sidewalks and parking lots, such streets and sidewalks being those on Community Drive and University Drive. Any violation of this section shall result in imposition of the penalty provisions of Chapter 1, Article III, General Penalty, of the City Code.
[Amended 6-3-1991 by Ord.
No. 131; 4-4-1994 by Ord. No. 431; 6-20-1994 by Ord. No. 527]
No person shall place a banner or sign over any public street
or way without first obtaining approval from the City Clerk. As a
condition of such approval, the applicant must provide the City of
Augusta with proof of liability insurance naming the City of Augusta
as a named insured in an amount not less than $300,000 to cover any
claims for damages and/or injuries which might result from the placement
of said banner or sign over a public street or way. The applicant
shall provide proof of status as a nonprofit organization. A fee for
such a permit shall be set from time to time and a schedule of such
fees shall be filed in the City Clerk's office. Banners shall be displayed
no more than 21 calendar days prior to an event and shall be removed
no later than five days after an event.
[Added 5-17-1999 by Ord.
No. 109]
The City Council may grant licenses to persons of good moral
character to practice micropigmentation for one year unless sooner
revoked for violation of law.
A.
The City hereby adopts the provisions of 32 M.R.S.A. § 4311
et seq. pertaining to the regulation of micropigmentation and all
regulations enacted pursuant to M.R.S.A. Title 32, Chapter 63-A. The
effective date for procurement of said license shall be July 1, 1999.
In all appropriate places, the City of Augusta shall be known as the
licensing authority.
B.
The annual license fee for a person to practice the art of micropigmentation
shall be set from time to time and a schedule of such fees is on file
in the City Clerk's office.
[Added 5-17-1999 by Ord.
No. 110]
The City Council may grant licenses to persons of good moral
character to practice the art of body piercing for one year unless
sooner revoked for violation of law.
A.
The City hereby adopts the provisions of 32 M.R.S.A. § 4321 et seq. pertaining to the regulation of body piercing and all regulations enacted pursuant to M.R.S.A. Title 32, Chapter 64. The effective date for procurement of said license shall be July 1, 1999. In all appropriate places, the City of Augusta shall be known as the licensing authority.
B.
The annual license fee for a person to practice the art of body piercing
shall be set from time to time and a schedule of such fees is on file
in the City Clerk's office.
[Added 2-4-2021 by Ord.
No. 21-016]
A.
Permit required. Any person or other entity selling goods of any
kind from a mobile or temporary facility must complete an application
and obtain a permit from the City Clerk.
B.
Vendor application. The application shall contain:
(1)
Name of applicant.
(2)
Address (legal/local).
(3)
Type of products to be sold.
(4)
Location where products will be sold.
(5)
Copy of state license, if applicable.
(6)
Length of time (number of days) for which the right to do business
is desired.
(7)
Hours of operation.
(8)
If a vehicle is to be used, a description of the same, together
with registration number or other means of identification.
C.
Fee. A permit fee shall be charged by the City Clerk to cover the
cost of processing the application and permit. The amount of such
fee shall be set from time to time and kept on file in the office
of the City Clerk.
D.
Display of permit. The permit under this section shall be displayed
by the permit holder at all times.
E.
Duration. A maximum of 120 days of occupancy can be permitted per
location per year.
F.
Maximum vendors. One vendor permit can be issued per location. Separate
vendor permits may be granted at the same location with no overlap
in occupancy.
G.
Vendor locations. A vendor may be granted permits at multiple locations.
H.
Exception. The provisions of this section shall not apply to persons
or other legal entities that sell goods on property owned by them
or to nonprofit fund-raising organizations.
