[HISTORY: Adopted by the Town of Ogunquit effective 5-31-1989 (Title IX, Ch. 9, of the 1980 Code). Amendments noted where applicable.]
A. 
This chapter shall be known and may be cited as the "Business Registration Ordinance of Ogunquit."
[Amended 11-6-2018 STM by Art. 4]
B. 
The purpose of this chapter is to provide for the public health, safety, and welfare by maintaining for public information a comprehensive list of businesses in Ogunquit and to ensure compliance with other municipal ordinances, regulations and life safety codes through annual inspections by the Code Enforcement Department and the Fire Department.
C. 
As used in this chapter, words shall retain their usual and customary definitions except as defined herein:
BUSINESS
Includes all individuals, partnerships, corporations, and other entities, exclusive of employees of such entities, that provide services or merchandise whether for profit or not, having a place of operations within the municipal boundaries of Ogunquit and meeting one of the following criteria:
(1) 
All businesses which the State of Maine requires to register for sales tax or as an employer; or
(2) 
Agricultural and fishing occupations; or
(3) 
Professions; or
(4) 
Home occupations.
MUNICIPAL OFFICERS
The Town of Ogunquit Select Board.
[Amended 11-4-2014 STM]
A. 
No business in Ogunquit shall conduct any enterprise unless the business has registered with the Town of Ogunquit and obtained all required licenses with the State of Maine.
[Amended 11-4-2014 STM]
B. 
Application.
[Amended 6-14-2016 ATM; 11-6-2018 STM by Art. 4; 6-11-2024 ATM by Art. 7]
(1) 
Applications for registration shall be on forms prescribed by the Municipal Officers and filed with the Town Clerk. Applications shall state the name of the applicant; all aliases; the applicant's residence address; the name of the business to be conducted; the business address; the precise location of the business; the nature of the business; and whether the applicant has ever had a license to conduct business either denied or revoked and, if so, the circumstances of such denial or revocation. The applicant shall also state the size of the business in terms required by the Municipal Officers, the maximum number of employees, and other information the Municipal Officers deem generally useful for administrative and planning purposes. New applications shall be accompanied by a declaration of the business’s personal property for the April 1 assessment date.
(2) 
The applicant renewing registration will certify that all personal property taxes assessed against the owner and/or business for prior or existing fiscal year(s) are paid in full, including any upcoming tax installments, and that a declaration of business personal property for that year’s April 1 assessment date registration was filed with the Tax Assessor in accordance with the 36 M.R.S.A. §706-A annual request. The applicant shall include the personal property account number with their renewal application.
C. 
After a completed application is filed with the Clerk, together with the required nonrefundable registration fee, the Clerk shall forward the application to the Code Enforcement Officer, Fire Chief or designee or Harbormaster for compliance review. The Tax Collector shall verify receipt of personal property tax payment. An inspection of the business premises may be conducted by the Code Enforcement Officer and the Fire Chief or designee, and if these officials find the business and the business premises to be in compliance with all municipal ordinances, regulations and life safety codes, they shall issue a certificate. This certificate shall be displayed conspicuously within the business premises at all times. The certificate, so issued, shall only be evidence of compliance with this chapter and shall not prevent the Town or others from later asserting noncompliance with other municipal ordinances, regulations or life safety codes.
[Amended 6-14-2016 ATM; 11-6-2018 STM by Art. 4; 6-11-2024 ATM by Art. 7]
D. 
A copy of the certificate, signed by either the Code Enforcement Officer, Fire Chief or designee or the Harbormaster, shall be returned to the Clerk and filed with the original application as a permanent record of the Town.
[Amended 11-6-2018 STM by Art. 4]
E. 
The Harbormaster shall be the inspection and enforcement authority under this section for all boats and fishing businesses afloat.
F. 
Businesses which do not provide access to the public and do not have any employees other than the owners are exempt from the inspection requirements of Subsection C but must register said business with the Clerk.
[Amended 4-10-2012 by the Select Board; 5-20-2014 by the Select Board; 6-8-2021 ATM by Art. 9]
The registration fee shall be established by the Municipal Officers. Nonprofit civil, religious and municipal organizations shall pay no registration fee. The Municipal Officers are authorized to change this fee commensurate to costs of administration.
[Amended 11-6-2018 STM by Art. 4]
A. 
If it is determined by the Code Enforcement Officer, Fire Chief or the Harbormaster that the business or business premises does not comply with all municipal ordinances and regulations and life safety codes, then the applicant or business owner shall make all necessary changes, modifications or renovations that the Code Enforcement Officer, Fire Chief or Harbormaster may lawfully require, in writing, within a specified time and date determined by the Code Enforcement Officer, Fire Chief or Harbormaster. If the applicant or business owner fails to comply with the lawful requirements of the Code Enforcement Officer, Fire Chief or Harbormaster by the time and date specified by such official, then the business shall be closed to both the public and the business's employees until such compliance. The Code Enforcement Officer, Fire Chief or Harbormaster may inspect the business premises at any time after issuance of the certificate to ensure compliance with this chapter. If at any time the premises is not in compliance, the certificate may be revoked and the business subject to all remedial actions described herein.
B. 
Businesses ordered closed under this section will be posted as closed by the Code Enforcement Officer, Fire Chief or Harbormaster, and requests for reinspection shall be treated as a new application.
[Amended 6-14-2016 ATM; 11-6-2018 STM by Art. 4]
All businesses shall register annually by June 30. New businesses shall register before the establishment is open to the public and thereafter by June 30. The business registration filing will cover the upcoming fiscal year (July 1 to June 30).
[Amended 11-4-2014 STM; 11-6-2018 STM by Art. 4]
A. 
The Code Enforcement Officer, Fire Chief or designee may, at any time, inspect every registered business for compliance with fire safety related laws, regulations and registration conditions. The business owner or representative shall permit access to the business premises for inspection upon request of the Code Enforcement Officer, Fire Chief or his designee.
B. 
Appeals. Appeals from the decision of the Code Enforcement Officer, Fire Chief or Harbormaster shall be to the Municipal Officers and from the Municipal Officers to Superior Court in accordance with Maine law. The Municipal Officers shall have the following powers and duties: to hear and decide where it is alleged that there is an error in the order, requirement, decision, or determinations made, or not made, by the Code Enforcement Officer, Fire Chief or Harbormaster in the administration or enforcement of this chapter. The action of the Code Enforcement Officer, Fire Chief or Harbormaster may be modified or reversed by the Municipal Officers by majority vote of those present and voting; however, there shall be no appeal to the Municipal Officers from any order or decision of the Code Enforcement Officer or Fire Chief which is required by the Life Safety Code and the State of Maine Plumbing Code.
A. 
The Clerk shall notify the Code Enforcement Officer, in writing, after May 31, but before the end of the last working day in June, each year, of the businesses described in § 42-1C that are not in compliance with this chapter.
[Amended 11-6-2018 STM by Art. 4]
B. 
The Code Enforcement Officer or Harbormaster shall issue citations for violations of this chapter. If after 30 days a business owner does not take action to cure the violation alleged by the citation, the Police Chief is authorized to summon the applicant or the business owner to court. Businesses which have not complied with the provisions of this chapter are subject to injunctions as well as monetary penalties.
[Amended 6-11-2024 ATM by Art. 7]
The penalty for violation of this chapter shall be established by the Municipal Officers. Each day that a violation occurs or continues shall be considered a separate offense. Fines may be paid directly to the Town or may be recovered through court action. All penalties accrue for the use of the Town.
If any provision of this chapter is held to be invalid, such invalidity shall not affect the remaining portions of this chapter.
This chapter shall repeal and replace Chapter 9, Business Registration Ordinance of Ogunquit, of the Town's ordinances.