[HISTORY: Adopted by the Town of Ogunquit 6-2-1980 (Title IX, Ch. 5, of the 1980 Code).
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Transient
Business Ordinance of Ogunquit."
The purpose of this chapter is to protect the public health,
safety, and welfare by regulating transient business in Ogunquit.
The necessity for regulating transient business is to protect the
public from fraud or duress.
[Amended 6-8-2021 ATM by Art.
9]
Authority to enact this chapter is found generally in Title
30-A of the Maine Revised Statutes, in which the State of Maine authorizes
municipalities to enact ordinances that promote public health, safety,
and welfare.
As used in this chapter, the words listed below shall have the
following meanings:
Applies to any individual, partnership, firm, association,
corporation, or other legal entity, or any agent or employee of any
individual, partnership, firm, association, corporation, or other
legal entity.
The sale of retail merchandise or services on a door-to-door
basis or from a vehicle by any person, whether a resident or nonresident.
The term includes activities commonly referred to as "vending," "hawking,"
and "peddling."
A.
Except as provided by § 197-6, a person shall not conduct transient business in Ogunquit unless that person shall have first obtained a transient business license from the Town of Ogunquit.
B.
Applications for all transient business licenses shall be written,
filed with the Town Clerk, and shall state the name of the applicant;
his residence address; the name of the business to be conducted; his
business address; the nature of his business; whether the applicant,
including partners or superiors, has ever been convicted of crimes
other than traffic offenses, and if so, the applicant shall describe
specifically those circumstances; and any additional information as
may be needed by the Town Clerk in issuing the license.
C.
The Town Clerk or other Town official shall have a reasonable time,
not to exceed three working days, in which to investigate the application
and background of the applicant.
A.
The licensing requirement for transient business shall not apply
to the following:
(1)
Nonprofit civic, educational, or religious groups soliciting contributions
as part of a fund-raising activity;
(2)
Sales or service personnel whom residents invite to their homes;
(3)
Sellers of the following products: fish, farm, orchard, dairy, baked
goods, forest products and newspapers;
(4)
Sales or service personnel who service local businesses;
(5)
Political, religious, or other groups which are distributing free
literature.
B.
All other limitations, except as specifically noted, shall apply
to any person conducting transient business, whether licensed or not.
The Select Board shall establish a reasonable fee for a transient
business license.
A.
The sale from a vehicle of food or drink for consumption or merchandise
is prohibited in all public areas of Ogunquit.
B.
Except for those persons servicing local businesses, sellers of merchandise,
whether or not licensed, shall conduct business in residential areas
only and not on public property in commercial areas.
C.
A person, whether or not licensed, shall not conduct transient business
between the hours of 8:00 p.m. and 8:00 a.m. This limitation shall
not apply to sales or service personnel whom residents may call to
their homes at other times.
After giving notice to interested parties and holding a public
hearing, the Select Board may suspend or revoke any transient business
license issued by authority of this chapter. Grounds for action shall
be misleading or falsification of information on transient business
license applications, violation of any municipal ordinance or regulation
or that public health, safety, and welfare have been adversely affected
by action of a licensee.
A.
Any applicant who has applied for and has been denied a license or
any licensee whose license has been suspended or revoked may, within
30 days of that denial, suspension, or revocation, appeal that decision
to the Ogunquit Board of Appeals. The Board of Appeals may grant or
reinstate the license if it finds that the licensed activities would
not adversely affect the public health, safety, and welfare, or that
the denial, suspension, or revocation was arbitrary and capricious.
B.
The appeal shall commence after the appellant has filed his appeal
with the Town Clerk and has paid a reasonable fee as established by
the Select Board.
Ogunquit police officers are authorized to enforce the provisions
of this chapter.
[Amended 6-8-2021 ATM by Art.
9]
The penalty for violations of this chapter, except where specified,
shall be a fine of not less than $25 nor more than $100. Each day
that a violation occurs or continues shall be considered a separate
offense. Fines collected for violations of this chapter shall be recovered
for the use of the Town of Ogunquit.
If any provision of this chapter is for any reason held to be
invalid, such decision shall not affect the validity of the remaining
portions of this chapter.
