[Adopted 6-19-2018 by Order No. 18-117-01]
The regulation of businesses that provide living facilities for people in recovery from substance abuse disorders is necessary in order to protect the public health, safety, and welfare and:
A. 
Protect the residents living in those living situations from exploitation;
B. 
Maintain adequate health and safety standards for protection of residents and neighbors;
C. 
Ensure adequate fire, police and emergency response; and
D. 
Facilitate appropriate emergency response for residents who may require special assistance during an emergency.
This article shall apply to all businesses operating alcohol- and drug-free houses that are not licensed by the State of Maine.
A license shall not be required under this license category from State-licensed community living facilities, supported living arrangements, or nursing homes.
In general, all words, phrases, and terms used in this article shall have their customary and usual meanings; as used in this article, the following words, phrases, and terms shall have the meanings indicated.
ALCOHOL- AND DRUG-FREE HOUSE
A business operated on a residential premises tailored for people in recovery from substance abuse disorders that may or may not be occupied under the definition of a family as defined by the Zoning Code, as a community living facility for eight or fewer people residing at that premises and that is not a State-licensed housing facility. An alcohol- and drug-free house is also known as a "sober house" or "recovery house."
OPERATOR
The lawful owner of an alcohol- and drug-free house or a person, firm, or corporation employed and designated by the owner to have primary responsibility for the daily operation of such house and for maintaining standards and conditions in such house that create an environment supportive of substance use disorder recovery. The operator may be a resident of the alcohol- and drug-free house.
No person, firm, or corporation may operate an alcohol- and drug-free house until such person, firm, or corporation first obtains a license for such purpose from the City. Licenses under this article shall not be issued unless the City Clerk receives affirmation from the Inspection Team that the applicant's proposed operation meets all applicable requirements. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed a violation of this article and is adequate grounds for the denial, revocation, or suspension of a license.
License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued after the fee required has been paid through the City Clerk's office. The fee for a license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for an alcohol- and drug-free house.
A license application shall be made to the City Clerk by the operator on a form furnished by the City Clerk for such purpose and shall include in addition to any other required information established under Chapter 149, Licensing:
A. 
The name of the applicant (operator), business name, and contact information, including name, mailing address, phone number and e-mail address.
B. 
An affidavit from the operator, which shall be a statement of having met the requirements of the section concerning the operator.
C. 
An affidavit from the owner of the property, which shall state that the owner understands his or her property is being used for such business activity.
D. 
Copy of the house rules for the facility, demonstrating having met the minimum standards expressed in this article or documentation of certification by the Maine Association of Recovery Residences.
E. 
The number of residents.
A license pursuant to this article may only be issued to the operator named and for the address provided on the approved license application. Only one license may be issued for each address and operator named on the approved license application. No transfer of a license is allowed between the names or addresses; any change of ownership or address requires a new license.
An alcohol- and drug-free house must be operated or managed by a person, firm, or corporation with at least two years' experience working with people with substance abuse disorders.
[Amended 2-5-2019 by Order No. 18-584-01]
An applicant shall provide as documentation with their license application, either certification by the Maine Association of Recovery Residences, or a set of house rules or documentation of policies and procedures that state, at a minimum:
A. 
Absolutely no alcohol or nonprofessionally administered drug use on or off the premises;
B. 
Eviction for failing to submit a urine sample when asked by house staff and for committing or threatening violence;
C. 
No visitors allowed without manager's consent and no guests allowed overnight;
D. 
No borrowing money from staff or other residents;
E. 
Signing in and out of residency of the house;
F. 
Adherence to house curfew;
G. 
Providing residents access to staff 24 hours a day, seven days a week;
H. 
Prohibition against anyone with an outstanding criminal warrant to live there;
I. 
Providing furnished living space to all residents;
J. 
Prohibiting smoking anywhere in the house;
K. 
Emergency procedures.
A. 
The residential premises shall be in compliance with the appropriate chapter(s) of the NFPA 101 Life Safety Code as adopted by reference.
B. 
The residential premises shall be in compliance with the International Property Maintenance Code as adopted by reference.
C. 
The residential premises shall be in compliance with the Zoning Code.
No license may be issued to a business location within 500 feet of another business of the same kind.