This article is enacted under the Home Rule Authority of municipalities
pursuant to the Constitution of the State of Maine, Article VIII,
Part 2, Section 1, the provisions of Title 30-A M.R.S.A. Chapter 141,
and the general power of municipalities to enact police power ordinances.
As used in this article, the following terms shall have the
meanings indicated:
ESTABLISHMENT
A person or entity engaging in the sale or distribution of
prepared food or beverages to consumers. This includes, but is not
limited to, retail vendors of food or beverages, restaurants, takeouts,
schools, hospitals, religious institutions, governmental institutions,
community centers, markets, temporary and/or seasonal vendors and
on-site events.
FOOD PACKAGER
Any person who places food in packaging materials for the
purpose of retail sale of those products.
POLYSTYRENE FOAM
Expanded and extruded polystyrene foam and blown polystyrene,
generally used to make cups, bowls, plates, trays, clamshell containers,
meat trays, and egg cartons. This does not include oriented (clear)
polystyrene.
PREPARED FOOD
Food or beverages which are served or sold at an establishment
having been either previously prepared elsewhere or prepared at the
establishment.
Any decision, action, or inaction pertaining to this article
may be appealed to the Maine Superior Court (Hancock County) within
30 days of the decision, action or inaction.
In the event any portion of this article shall be found to be
invalid by a court of competent jurisdiction, the remaining portions
of the article shall remain in effect.
The provisions of this article shall become effective 30 days
after the Town Council's passage.