The following definitions shall apply to the interpretation
and the enforcement of this chapter:
Any sole proprietorship, joint venture, corporation or other
business entity formed for profit-making purposes, including the retail
establishments where goods or services are sold as well as professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered in the
City.
A bona fide nonprofit, charitable, educational, political,
civic, recreational, patriotic, fraternal, or religious organization,
which is organized under the provisions of 13 M.R.S.A. § 901
or 13-B M.R.S.A. § 201, or which is recognized as such by
the Internal Revenue Service under 26 U.S.C. § 501(c)(3).
Any person who purchases or contracts for the purchase of
merchandise or services for any purpose except for use in the ordinary
course of trade or business.
Any independent contractor, agent or person working for a
salary or commission.
The Health Officer of the City or his/her duly appointed
Health Inspector.
[Amended 6-3-2013]
Any objects, wares, goods, promises, commodities, intangibles,
services or other things of value.
Any building or other permanently affixed structure located
within the corporate limits of the City, which is owned or held under
a lease or rental agreement at the time that business is commenced,
and is used in whole or in part for the purpose of engaging in sales
or service to consumers.
These terms are used interchangeably in this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Any individual, partnership, firm, cooperative association,
private corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
A person, firm, corporation or association of good moral
character. Proof of good moral character shall include general testimony
of applicant's reputation in the community and the results of a records
check by Police Department. Such results shall be considered relevant
only if they disclose a felony conviction within the last 10 years.
Any sale, transfer, exchange, barter, offer for sale, promise
to sell, or attempt to sell any merchandise for cash or credit.
A.
All applications for a license required by this chapter shall be in writing and on forms and procured from the City Clerk, completed and signed by the applicant or his/her agent and filed with the City Clerk. The application shall identify all the owners, officers, partners or managers of the applicant's business, with their places of residence at the time of the application and a statement as to the nature, date and location of any criminal convictions as to those persons. In addition to other requirements stated in this chapter, background investigations are required of all new applicants before a license shall be issued. The applicant shall be responsible for paying the license application fee and the background investigation fee set forth in Chapter A400, Master Fee Schedule. A copy of each on-site owner's, officer's, partner's and manager's driver's license shall be submitted with all new applications in order to conduct a proper background investigation. Motor vehicle violations need not be listed unless specifically requested on the application.
B.
The City Clerk, upon receipt of a completed application, shall immediately forward a copy of the same to the Code Enforcement Officer, the Fire Chief and the Chief of Police or their designated assistants or agents, who shall investigate the application and/or premises for compliance with the provisions of this chapter. Inspections for transient sales, taxicabs, commercial haulers and towing companies will not be required by Code Enforcement and the Fire Chief or his/her designee. Farmers' market licenses do not require any inspections by any departments. Inspections shall be completed in a timely manner as to not delay the application process. Except as otherwise provided in § 205-3A below for all taxicab driver license applications (both new and renewals) and for all taxicab business licenses (both new and renewals), licenses shall be granted if the City Clerk approves the application based upon the positive recommendation of each such inspecting officer or shall be granted by the municipal officers if they approve the application following a public hearing if required under § 205-3.
C.
The City Clerk shall send a list to the municipal officers of business
licenses to be renewed by inspecting officers no less than 30 days
prior to the business license expiring and shall at the same time
post a copy of the list on the City's website.
D.
The City Clerk may, for any reason, refer a license application to
the municipal officers for a public hearing and decision on whether
the license meets the standards of this chapter.
E.
If the City Clerk denies a license application, the applicant may appeal that decision to the municipal officers within 30 days of the date of the decision. The municipal officers shall hold a de novo hearing on the application in accordance with the procedures set forth in § 205-3 of this chapter.
A.
The municipal officers shall hold a public hearing for new applicants of amusement; massage establishments; taxicab businesses; food service establishments with consumption of alcohol on premises; food service establishments with outdoor dining in a public way; tattoo establishments; and new and renewal applicants of automobile graveyards and junkyards. Municipal officers may hold a public hearing on any other business license upon submitting a request to the City Clerk, provided that all applications for taxicab driver licenses and all applications for taxicab business license renewals shall be forwarded to the municipal officers for licensing decisions, but without the need for a public hearing. Completed applications, as required per § 205-2, when submitted to the municipal officers shall bear the recommendation for approval or disapproval of the Code Enforcement Officer, the Fire Chief and the Chief of Police or their designated assistants or agents. A public hearing shall be held thereon at the next regular or special meeting of municipal officers. Notice of the said public hearing shall be mailed to the applicant and published in a paper of general circulation in the City at least seven days prior to said hearing. The cost of said publication shall be paid by the applicant.
[Amended 8-28-1978; 7-6-1982; 2-3-1986; 11-19-2012]
B.
The municipal officers shall take the testimony of the applicant
and any interested members of the public at the public hearing, shall
accept any evidence presented, and shall review the findings of the
inspecting officers.
C.
After said public hearing the municipal officers, by a majority vote,
may authorize the issuance of said license, provided that the applicant
and the proposed licensed premises are found qualified for the issuance
of the license under the provisions of this chapter.
D.
The municipal officers shall notify the applicant within seven days,
in writing, if the permit is denied and shall state the reasons therefor.
[Amended 8-28-1978]
The applicant, his/her agents and employees shall allow access
by the Code Enforcement Officer, Fire Chief and Chief of Police or
their designated assistants or agents for the purpose of inspecting
the premises to assure compliance with the provisions of this chapter.
[Amended 3-14-1946; 8-7-1962; 6-7-1982; 2-3-1986; 1-22-1991; 10-7-1991; 4-18-1995; 5-30-1995; 11-25-2002]
A.
The license fees are set forth in Chapter A400, Master Fee Schedule. License fees paid in advance of issuance of license shall be refunded upon denial of such license.
B.
The application fee for all licenses and permits required by this chapter enumerated in Chapter A400, Master Fee Schedule, shall be nonrefundable. There shall only be one application fee paid if applicant is applying for multiple licenses at one time.
C.
License fees shall be waived for charitable organizations.
[Amended 4-1-1991]
The fee required by any provision of this article shall be prorated
by the official or body granting such license or permit when the following
criteria are met:
[Amended 4-1-1991]
No license issued pursuant to the provisions of this chapter
shall thereafter be transferred to another person or firm. Upon the
termination or transfer of a business or occupation, the successor
shall make new application for a permit or license. No part of a license
fee shall be refunded in the event the licensed activity ceases prior
to the expiration of the license. Licensees must notify the City Clerk's
office when they are relocating to a new location or changing to a
different vehicle or device. An inspection by the Code Enforcement
Officer and Fire Inspector of the new business location or vehicle
or device shall be required prior to the transfer of such license.
[Amended 8-7-1962]
A.
The holder of any license granted pursuant to this chapter, who violates
any provision of this chapter, shall be notified by the City Clerk
or inspecting officers, in writing, of the violation and shall be
given a reasonable period of time to correct the same.
B.
The City Clerk may suspend or deny a license if licensee fails to comply with any of the terms of this chapter. The City Clerk may consider any recommendation by the Code Enforcement Officer, Fire Chief or Chief of Police to suspend or deny a license based upon a failure to comply with all applicable code and ordinance requirements. A licensee may, at any time after the suspension or denial of his/her license, make an application, in writing, for the reinstatement or issuance of his/her license to the City Clerk, representing that the condition for which the suspension or denial was imposed has been corrected. The City Clerk shall cause a reinspection of the premises by the appropriate official within three business days after the receipt of the application. If the City Clerk finds that the licensee has come into compliance with the terms of this chapter and other applicable code and ordinances, the license shall be reinstated or granted. If the licensee continues to fail compliance after the reinspection, the licensee may make a second request for reinspection, and the City Clerk shall within three business days after receipt of that request cause a second inspection of the premises. If the inspection finds that the licensee is again complying with the terms of this chapter and other applicable codes or ordinances, the license shall be reinstated. If the licensee has failed to come into compliance as determined by the second inspection, the City Clerk may refer the matter to the municipal officers for further action as may be necessary. The licensee shall pay a reinspection fee as set forth in Chapter A400, Master Fee Schedule, for each time a reinspection is needed.
C.
In the event the licensee does not satisfactorily comply with the
requirements of the City Clerk after such suspension or denial, either
party may apply to the municipal officers through the City Clerk for
a public hearing in the manner provided in this chapter. Notice of
such public hearing shall be mailed to the licensee or left at the
licensed premises at least three days before the time set for such
hearing. The municipal officers shall conduct such hearing and thereafter
revoke, suspend, reinstate or issue such license. Repeated incidents
of such suspensions shall be considered a basis for revocation of
the license. An appeal from any final decision of the municipal officers
relative to issuance, denial, suspension or revocation of licenses
under this chapter may be taken by any aggrieved party to the Superior
Court, in accordance with the provisions of Rule 80B of the Maine
Rules of Civil Procedure.
[Amended 10-7-1991; 8-3-1992; 2-5-1996]
The municipal officers, or the City Clerk, as may be applicable,
in addition to other provisions of this code authorizing such action,
may deny, suspend, or revoke a license upon one or more of the following
grounds:
A.
The premises for which such permit is sought fails to comply with
all building, housing, fire and other safety codes of the City.
B.
There has been a failure to fully complete the application forms
or to pay any fee required hereunder; an incorrect statement of material
fact has been made knowingly on such form; or there has been a knowing
omission of material fact or additional documentation required or
reasonably necessary to determine whether such license is issuable.
C.
Disqualifying criminal conviction.
(1)
An
applicant has a disqualifying criminal conviction, based upon the
following:
(a)
For a period of one year from the date of the discharge of the
sentence for the most recent conviction for a Class D or E crime,
or an equivalent offense in any other jurisdiction, that falls into
any one of the following categories: theft, robbery, burglary, assault,
sex crimes, drugs, prostitution, weapons.
(b)
For a period of three years from the date of the discharge of
the sentence for the most recent conviction for a Class C crime, or
an equivalent offense in any other jurisdiction.
(c)
For a period of five years from the date of the discharge of
the sentence for the most recent conviction for a Class B crime, or
an equivalent offense in any other jurisdiction.
(d)
For a period of 10 years from the date of the discharge of the
sentence for the most recent conviction for a Class A crime, or an
equivalent offense in any other jurisdiction.
(e)
For a period of 10 years from the date of the discharge of the
sentence for the most recent conviction for a Class A crime, or an
equivalent offense in any other jurisdiction or if either of the following
has occurred:
(2)
Where
an applicant for a license or a licensee has more than one disqualifying
criminal conviction within the previous 10 years, the applicant shall
be disqualified for the longest applicable period of time. If an applicant
receives a subsequent disqualifying criminal conviction during a period
of disqualification for another offense, the disqualification period
for the subsequent offense shall run from the date of the discharge
of the sentence for the subsequent conviction. If the disqualification
period for the subsequent offense extends beyond the initial disqualification
period, then the applicant shall remain disqualified for such additional
time period.
(3)
The periods of disqualification set forth in Subsection C(1) above, other than Subsection C(1)(e), may be reduced by six months if the applicant can show that after the conviction he or she did at least one of the following:
(a)
Successfully completed a drug or alcohol rehabilitation program,
if the disqualifying criminal conviction involved the use of alcohol
or drugs, as evidenced by a certificate of completion of the program
or a letter from an official of the program;
(b)
Successfully completed a domestic violence therapy program or
treatment if the disqualifying criminal conviction involved domestic
violence, as evidenced by a certificate of completion of the program,
a letter from an official of the program or a letter from a licensed
counselor or therapist; or
(c)
Made restitution for the crime committed, as evidenced by appropriate
court documentation or probation records.
D.
The applicant's business and professional reputation have been the
source of client complaints.
E.
The business operations have or will likely be a nuisance to owners
of adjoining property or to the public and have been or will be detrimental
in any way to the health, safety and general welfare of the public.
F.
The licensee or clients have or will substantially and adversely
affect the peace and quiet of the neighborhood in which the licensed
premises is located.
G.
The licensee has violated any provision of this Code in the course
of operating his/her business, which event would have been the basis
for denying the license originally.
H.
The applicant's or licensee's real estate and personal property taxes,
registration fees, or sewer and other charges associated with the
business are in arrears with the City, unless an arrangement to pay
such taxes has been made to the satisfaction of the Tax Collector.
I.
Failure to notify the Clerk of any change of material fact set forth
in the license application.
[Amended 8-28-1978]
In addition to the standards set forth in § 205-9 for suspension or revocation of the license, any person who violates any provision of this article or the article which pertains to the specific license he holds shall be subject to the fines set forth in Chapter A401, Master Fine Schedule. Each day that such violation continues shall be considered a separate offense.
A.
All licenses shall expire annually as set forth in Chapter A400, Master Fee Schedule, unless otherwise specified.
B.
All licensees who have not submitted their application for renewal
of their license by the expiration date of such license will be required
to submit a new license application and be subject to all regulations
that apply to a new license, including inspections, background investigations,
fees and municipal officer approval.
