[Adopted 4-11-1977 as § 6.2 of the 1977 Code; amended in its entirety by the City Council 5-15-2018 by Order No. 18-116-01]
To protect the health, safety, and welfare of the citizens of the City of Sanford (the City), the City requires licensing of certain uses and businesses.
[Amended 4-19-2022 by Order No. 22-151-01]
In general, all words, phrases, and terms used in this chapter shall have their customary and usual meanings; as used in this chapter , the following words, phrases, and terms shall have the meaning indicated:
CONTAMINATION OF PROCESSES OR PRODUCTS
The act of rendering or making a process or product impure, unsuitable, or unusable by introducing harmful or undesirable elements, whether biological or chemical.[1]
[1]
Editor's Note: The former definitions of "extraction," "hemp," "marijuana grower," "marijuana manufacturing facility," marijuana property," and "marijuana retail sales," which immediately followed this definition, were repealed 2-20-2024 by Order No. 24-60-01.
No person, firm, corporation, or other entity shall carry on any business or other activity subject to a license requirement under this chapter or code or any other regulation or law without such a license. All licenses shall be kept on site for inspection.
[Amended 4-19-2022 by Order No. 22-151-01]
The licensee and the licensee's place of business shall not have property taxes, business taxes, or other fees, fines, charges, penalties, or interest owing to the City. Failure to comply with this condition shall be deemed a violation of this chapter and adequate grounds for the denial, revocation, or suspension of a license.
It is the intent and purpose of this section to establish fees which bear a reasonable relationship to the costs incurred by the City in the administration and enforcement of this chapter and other applicable laws and regulations.
A. 
To accomplish such purposes:
(1) 
All fees and charges for licenses or permits shall be paid to the City Clerk at the time of application to the City Clerk.
[Amended 4-19-2022 by Order No. 22-151-01]
(2) 
All fees are nonrefundable regardless of whether a license or permit is issued.
B. 
No license shall be issued until each specific annual fee (unless an alternative duration is specified by the business category) for all applicable business categories, required in this chapter have been paid including, payment of the City's expenditure for notification of public hearings and background checks as required by State or local regulation, and payment of the City's expenditure for inspections and emergency services as may be necessary for the specific license or permit. Any new application for a Category 1 license received after July 1 or alternative dates specified in this chapter may have the annual fee prorated for the number of months or partial months remaining until the expiration date. Prorated fees shall be calculated by determining the annual fee for the license type, divided by twelve (12), then multiplied by the number of months or partial months left in the license period. If a new application is received after December 1 of any year it will be valid until December 31 of the following year.
[Amended 7-21-2020 by Order No. 19-954-01; 4-19-2022 by Order No. 22-151-01]
C. 
Fee schedule, business license categories:
[Amended 6-19-2018 by Order No. 18-117-01; 3-5-2019 by Order No. 18-553-01; 1-21-2020 by Order No. 19-580-01; 5-5-2020 by Order No. 19-874-01; 7-21-2020 by Order No. 19-954-01; 4-19-2022 by Order No. 22-151-01; 6-20-2023 by Order No. 23-77-01; 9-19-2023 by Order No. 23-289-01; 2-20-2024 by Order No. 24-60-01]
Category 1 Licenses
(Administrative Approval)
Fee
Statutory or Code Reference
Alcohol- and drug-free housing
$100 per year
Ch. 149, Art. XIII
Auctioneer, nonresident certificate
$10 per day or $25 for 3 days
§ 149-1.4
B.Y.O.B. function
$25 per event
Ch. 74, Art. III
Brewery, distillery, winery
$100 per year
Ch. 149, Art. VII
Closing-out sale
$50 per 60 days
Ch. 149, Art. VIII
Coin-operated entertainment device, electronic video machine, arcade device
$50 per year
Ch. 149, Art. III
Flea market
$100 per year
Ch. 256
Flea market vendor
$25 per year
Ch. 256
Home occupation
$50 per year
Ch. 280
Kennel
$50 per year
Ch. 78, Art. IX; 7 M.R.S. §§ 3931 through 3950-A
Liquor license renewal application (Tier I)
$300 per application
Ch. 149, Art. I; 28-A M.R.S. §§ 653 et seq. and 1051
Liquor license renewal application (Tier II)
$500 per application
Ch. 149, Art. I; 28-A M.R.S. §§ 653 et seq and 1051
Liquor license transfer (Tier I or Tier II)
$25 per application
Ch. 149, Art. I; 28-A M.R.S. §§ 653 et seq. and 1051
Lodging establishment
$100 per unit
Ch. 155 and Ch. 149, Art. V
Marijuana grower, adult use
$2,200 per application
See Ch. 161, Ch. 280
Marijuana grower, medical
$2,200 per application
See Ch. 161, Ch. 280
Marijuana manufacturing facility, Tier 1 (up to 40 pounds)
$2,200 per application
Additional $1,500 fee for facility engaging in extraction using hazardous substances
See Ch. 161, Ch. 280
Marijuana manufacturing facility, Tier 2 (up to 200 pounds)
$3,200 per application
Additional $1,500 fee for facility engaging in extraction using hazardous substances
See Ch. 161, Ch. 280
Marijuana property, Tier 1
$5,000 up to buildings with less than 30,000 square feet of gross floor area plus $750 for each licensed facility on the property
See Ch. 161, Ch. 280
Marijuana property, Tier 2
$7,500 for buildings with 30,000 square feet or more gross floor area plus $750 for each licensed facility on the property
See Ch. 161, Ch. 280
Massage therapist
$50 per year
Ch. 164
Mental health and abuse clinic renewal application
$500 per year
Ch. 149, Art. II
Off-premises catering permit
$25 per application
Ch. 149, Art. I
Pawnbroker
$300 per year
Ch. 193
Peddler
$50 per year or $25 per day
Ch. 149, Art. IX
Places of assembly
$100 per year
Ch. 149, Art. X
Rental housing
Ch. 149, Art. V, for qualifications
Single-family
$100
Two-family
$200
Three-family
$300
Four- to seven-family
$400
Eight-plus unit
$500
Mixed use property
$100 plus $100 for each dwelling unit up to maximum of $500
Residential care facility
$50 per year
Ch. 149, Art. XIV
Salvage collector
$25 per year
Ch. 213
Salvage dealer
$500 per year
Ch. 213
Secondhand dealer
$200 per year
Ch. 193
Special amusement permit renewal application
$100 per year
Ch. 74, Art. I
Sport shooting ranges
$100 per year
Ch. 149, Art. XI
Tattoo artist, body piercing
$200 per year
Ch. 149, Art. XII
Taxicab
§ 232-23
Business license
$60 per year
Operator license
$40 per year
Vehicle license
$10 per year
Vehicle transfer of license
$10 per transfer
Inspection and background check
$50 per year
Tobacco retailer
$25 per year
Ch. 215, Art. II
Vacant building
See § 149-6.8
$300 for each six-month license for vacant, abandoned buildings
$100 for each twelve-month license for vacant buildings maintained by owner or under owner’s direct control
Fee escalates at rate of 2 times the prior year’s fee for each additional year building continues as abandoned
Ch. 149, Art. VI
Victualer
$75 per year
Ch. 209
Waste hauler
$500 per year
Ch. 220
Yard sale permit
$10 per day
Ch. 256
Category 2 Licenses
(City Council Approval)
Fee
Statutory or Code Reference
Beano-bingo application
$100 per application
Ch. 149, Art. I; 13-A M.R.S. § 311 et seq.
Bottle club
$100 per year
Ch. 74, Art. II
Circus, carnival, temporary exhibitions
$200 per day
Ch. 149, Art. X
Games of chance application
$65 per application
Ch. 149, Art. I; 17 M.R.S. § 1831 et seq.
Hemp grower
$1,500 plus $50 per acre
See Ch. 161, Ch. 280
Liquor license new application (Tier I)
$300 per application
Ch. 149, Art. I; 28-A M.R.S. §§ 653 et seq. and 1051
Liquor license new application (Tier II)
$500 per application
Ch. 149, Art. I; 28-A M.R.S. §§ 653 et seq. and 1051
Marijuana, retail sales adult use
$22,500 per application
See Ch. 161, Ch. 280
Mental health and abuse clinic, new applications
$500 per year
Ch. 149, Art. II
Shelter
$50 per unit
Ch. 155
Special amusement permit, new applications
$100 per year
Ch. 74, Art. I
[Amended 3-5-2019 by Order No. 18-553-01; 4-19-2022 by Order No. 22-151-01; 2-20-2024 by Order No. 24-60-01]
All licenses shall expire annually on December 31, except as otherwise provided by the general laws of the State or stated elsewhere in the City Code.
[Amended 7-21-2020 by Order No. 19-954-01; 4-19-2022 by Order No. 22-151-01]
Upon receipt of an application for a liquor license, the City Clerk or the City Council shall follow the procedure established by this chapter, the City Code and 28-A M.R.S. §§ 651 to 654, as amended. The fees for an application shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for new liquor license applications, liquor license renewal applications and transfers of liquor license applications either as Tier I or Tier II.
A. 
Tier I shall mean that food gross income shall be in excess or equal to liquor gross income.
B. 
Tier II shall mean that liquor gross income shall be in excess of food gross income.
[Amended 4-19-2022 by Order No. 22-151-01]
Upon receipt of an application for an off-premises catering permit, the City Clerk shall follow the procedure established by this chapter, the City Code and 28-A M.R.S. § 1052, as amended. The fees for an application shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for an off-premises catering permit.
[Amended 4-19-2022 by Order No. 22-151-01]
Upon receipt of an application for a games of chance license, the City Clerk shall follow the procedure established by this chapter, the City Code and 17 M.R.S. § 1831 et seq. The fees for an application shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for a games of chance application.
[Amended 4-19-2022 by Order No. 22-151-01]
Upon receipt of an application for a beano and bingo license, the City Clerk shall follow the procedure established by this chapter, the City Code and 13-A M.R.S. § 311 et seq. The fees for an application shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for a beano and bingo application.
[Amended 7-21-2020 by Order No. 19-954-01]
The City Clerk shall have the authority to issue all licenses shown as Category 1 licenses in this chapter to qualified applicants. If the City Clerk or the Inspection Team find violations of the standards for denial, suspension, or revocation as listed in § 149-1.11.1, or excessive and verified complaints against an applicant or premises, a public hearing shall be held so that the facts may be heard and if the City Council so chooses, issue the license with conditions to remedy nuisance conditions as so determined by the City Council. Only the City Council shall have authority to issue Category 2 licenses and, when applicable, shall follow the procedures outlined in State law for their issuance.
A. 
All applications for licenses under this chapter shall be filed with, and in a form satisfactory to, the City Clerk, together with such supporting documents and information, as the City Clerk may prescribe.
B. 
Such application may include, but is not limited to, the following:
(1) 
Name, address, and contact information, including phone number and email address, of the applicant, all other persons having a legal interest in the facility and property, and the individual(s) designated by the applicant to manage operation of the facility, if any.
(2) 
Location within the premises for which a license is sought, identified by both City Tax Map and lot number and street address.
(3) 
Dimensions and acreage of the property.
(4) 
Copy of a signed, approved site plan, and supporting documents, if required under Chapter 280, Zoning.
[Amended 4-19-2022 by Order No. 22-151-01]
(5) 
Description of the use and facility and how the location and improvements associated with the proposed facility comply with the requirements of Chapter 280, Zoning, and this chapter.
(6) 
Type, location, and total cubic feet and equivalent pounds of carbon dioxide, gas, super-cooled liquid, pesticide, fertilizer, or other chemical stored or used in the operation of the facility, if any, and location of all alarms and shut offs.
(7) 
Any other approvals required by City, State, or federal agencies.
(8) 
Other information specified in this chapter or any other applicable regulation, codes, or law.
(9) 
Two (2) copies of the license application and all supporting documentation and one (1) digital copy, in the form of a USB, CD, email, Drop Box, or Google Drive link, containing pdf files for the application and each piece of supporting documentation.
[Amended 4-19-2022 by Order No. 22-151-01]
A. 
City Clerk review. A license application shall be filed with and reviewed by the City Clerk to determine if it is complete. If the application is not deemed complete, the application shall be returned to the applicant and shall be considered to be denied. If the application is deemed to be complete, and the facility has not secured site plan, conditional use, or other required permits under Chapter 280, Zoning, the applicant shall be directed to schedule a meeting with the Planning Department.
B. 
Planning Board review. Upon referral from the City Clerk and submission of the appropriate site plan, conditional use, or other required permits under the provisions of Chapter 280, Zoning, the Planning Department shall process applications for review. Upon approval, the Planning Department shall forward the determination to the City Clerk, who shall schedule the licensing application for review by the City Council.
[Amended 4-19-2022 by Order No. 22-151-01]
C. 
City Council review. The City Council may impose conditions on the approval of any license application it deems necessary to ensure compliance with the provisions of this chapter or any other provision of law. Such conditions may include, but are not limited to, documentation of the following requirements:
(1) 
All landscaping, screening, reclamation, and/or other requirements approved and/or imposed by the Planning Board have been installed, completed, and approved by appropriate City staff.
[Amended 4-19-2022 by Order No. 22-151-01]
(2) 
All requirements imposed by any other regulatory bodies having jurisdiction have been installed, completed, and approved.
(3) 
All other measures required to improve the operations of the facility or minimize its impacts on the surrounding neighborhood have been constructed or implemented.
(4) 
The applicant shall meet with the Chief of Police, Director of Code Enforcement, and/or other State or municipal officials, upon request, to establish a good working relationship between the City and the owner and operators of the facility and to provide for review of the operation of the facility.
[Amended 4-19-2022 by Order No. 22-151-01]
A record of the issuance of such license, with the name of the licensee and the fee paid, shall be kept by the City Clerk. The fees collected by the City Clerk for all licenses provided herein shall be turned over to the City Treasurer in the same manner as tax moneys, and to be credited to the Licenses and Fees Account.
[Amended 4-19-2022 by Order No. 22-151-01; 6-20-2023 by Order No. 23-265-01; 9-19-2023 by Order No. 23-358-01]
Upon receipt of an application for any license or permit, other than a renewal application substantially identical to the original application, the City Clerk shall inquire of other City departments, including the Inspection Team, as appropriate, for comments as to whether a license may be granted consistent with the provisions of the laws and codes enforced by such department. In all appropriate cases, the Code Enforcement Officer shall verify that the premises to be used for the proposed facility comply with the Building Code, Electrical Code, Plumbing Code, and Zoning Code, including development permit approval and if applicable, Junkyard Screening Law; the Fire Chief and/or designee shall cause inspection to be made for the purpose of determining if codes, State law, or State regulation concerning fire and safety have been complied with; and if the license is not issuable to any class of persons, firms, or corporations; the Police Chief and/or designee shall cause an investigation to be made of the principal officers or person to be licensed; the Tax Collector shall verify that taxes have been paid or payment arrangements made. All persons shall report to the City Clerk in writing, and copies of any such report shall be deemed a public record.
[Amended 4-19-2022 by Order No. 22-151-01]
As a condition of granting a license, unless otherwise specified, an inspection may be required. Submission of a license application shall constitute permission for entry and inspection. The Inspection Team, which consists of a representative of the Police Department, Fire Department and the Code Enforcement Department, and/or his/her designee, may inspect every facility to be licensed under this chapter for the purpose of determining if the applicant and premises is in compliance with all applicable laws, codes, rules, regulations, and development permits. Inspections shall take place at a reasonable time and prior to a determination on the license application. Businesses with no regularly scheduled hours shall be given twenty-four (24) hours' notice for an annual inspection. When an inspection is conducted for a use that is sensitive to contamination of its processes or products, the Inspection Team shall use the following protection from contamination protocols to the extent practicable:
A. 
The facility operator shall:
(1) 
Prior to inspection, provide a floor plan of the facility which identifies, at a minimum, all walls, the layout of operations, including storage, and the location of exits, signs, key components of emergency, security, growing and other lighting, fire extinguishers, mechanical rooms, key components of the ventilation system, including but not limited to intake and exhaust vents, key components of any filtration system, key components of the sprinkler system and sprinkler heads, including clearance heights, electrical panel, storage areas for hazardous materials, including but not limited to chemicals and gases, plumbing fixtures; and
(2) 
Maintain a Material Safety Data Sheet for any chemicals it uses in its operation and described in its Operations Manual and Safety Plan, required in Chapter 280, Zoning, which shall be made available to the Inspection Team upon request.
(3) 
Provide a flow chart of the operation that identifies and directs the Inspection Team first to the area of the site that is cleanest and most sensitive to contamination and proceed to progressively less clean and/or sensitive areas until the inspection is complete.
B. 
The Inspection Team shall:
(1) 
Don disposable boot covers, gowns, gloves, and hairnets if provided by the facility operator.
(2) 
Provide the operator of the production facility a camera, heat-temperature gun, and a two-way communication device. The facility operator will work with the Inspection Team, which will direct the facility operator to designated areas, to provide visual access and direct feedback to allow the inspection to take place without requiring the Inspection Team to enter areas of the facility that are sensitive to potential contamination.
C. 
If the Inspection Team observes violations, modifications of the facility which required a permit which was not obtained, or cannot satisfactorily conduct the inspection through remote observation then the Inspection Team may have to enter the facility to complete the inspection. If physical entry is required, the Inspection Team shall use the protection from contamination protocols described in this chapter to minimize the likelihood of contamination.
[Amended 4-19-2022 by Order No. 22-151-01]
In addition to any other provision of this code authorizing such action, a license or permit may be denied, suspended, or revoked upon determination of one (1) or more of the following regarding the applicant, application, or premises:
A. 
Failure to fully complete the application forms; knowingly making an incorrect statement of a material nature on such form; 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;
B. 
The applicant or related persons or entities have caused one (1) or more breaches of the peace;
C. 
Failure to comply with laws, code, development permits, rules, or regulations;
D. 
Failure to license and operate a safe and proper place of business compliant with all relevant fire, health, and safety codes; or
E. 
The applicant, licensee, or employee of the licensee or person representing the licensee has been convicted of any Class A, Class B, Class C, or Class D crime or crime of equivalent severity or has proven and known ties to criminal gangs or criminal organizations as defined by federal law as verified by the Police Department.
[Amended 4-19-2022 by Order No. 22-151-01]
Any person, firm, or corporation who violates any provision of this chapter or the terms of a license may be penalized in the following manner:
A. 
Temporary suspension. The Code Enforcement Officer or Police Department, with prior approval of the City Manager or his/her designee, is authorized to immediately and temporarily suspend any license. The City Manager, or his/her designee, shall determine if the licensed premises has not met the requirements of the license.
B. 
Revocation. The Code Enforcement Officer or Police Department, with prior approval of the City Manager, or his/her designee, is authorized to immediately revoke any license. The City Manager, or his/her designee, shall determine if the licensed premises has not met the requirements of the license.
C. 
Unlicensed activity. Any person, firm, or corporation failing to apply for a license and pay the required fee shall be in violation of this chapter and such violation is a civil penalty or land use violation pursuant to 30-A M.R.S. § 4452, enforced by the Police Department or Code Enforcement Officer and subject to a fine in the amount of one hundred dollars ($100) in addition to any other fines for violating this chapter and the fee for licensing.
D. 
Civil penalties. In addition to any other fines or penalties for violating any provisions of this chapter or the terms of the license, violation of this chapter is a civil penalty pursuant to 30-A M.R.S. § 4452, enforced by the Police Department or Code Enforcement Officer. In any such proceeding, the City may order that the licensee or unlicensed activity abate any violations, pay a penalty between one hundred dollars ($100) and two thousand five hundred dollars ($2,500) per violation, per day, and pay the court costs, attorneys and expert witness fees incurred by the City.
[Amended 5-7-2019 by Order No. 19-258-01]
The Board of Appeals, acting in an appellate capacity, shall act as the Licensing Board of Appeals in order to hear appeals of orders, decisions, or determinations made relative to application and interpretations of this Code. Appeals to the Board of Appeals shall be submitted as otherwise set forth in City Code, Chapter 10, regarding administrative appeals.
If any clause, sentence, paragraph, section, article, or part of this ordinance, or of any ordinance included in this Code or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, or part thereof directly involved in the controversy in which such judgment shall have been rendered.