[HISTORY: Adopted by the Town of Camden 6-13-2023. Amendments noted where applicable.]
In order to promote the health, safety and general welfare of the citizens of Camden, this chapter is enacted by the Town of Camden to control the licensing of and regulation of the conduct of certain businesses and other uses as may be required by this chapter.
This chapter is enacted pursuant to 30-A M.R.S.A. § 3001 et seq. This chapter expressly applies to licenses and permits requiring municipal officers approval. Certain licenses regulated herein have special enactment authority under state law. That authority is noted as "special enactment authority" under the specific license in Article II. Upon adoption of this chapter, the following chapters and sections are hereby repealed: Chapter 11, Amusement Permits; Chapter 20, Assemblies, Public; Chapter 88, Flea Markets; Chapter 112, Hawking and Peddling; Chapter 150, Lodging; Chapter 158, Marijuana; Chapter 240, Taxicabs; Chapter 270, Victualers; and Article II of Chapter 7, Alcoholic Beverages.
A. 
As agent of the Town and the Select Board, the Town Manager and/or their designee is hereby authorized and directed to:
(1) 
Draft applications and submittal requirements for each license.
(2) 
Receive applications required by this chapter.
(3) 
Distribute applications to appropriate department heads for their inspection(s) and written report, as required in this chapter or in state law.
(4) 
When required, set a public hearing for Select Board action.
(5) 
To the extent authorized by law, the Town Manager is authorized to approve renewals of existing licenses after inspections and approvals to ensure compliance with § 142-7 of this chapter; and
(6) 
Issue licenses.
B. 
As agents of the Town and the Select Board, when and where required by this chapter, the Fire Chief, Police Chief, Code Enforcement Officer, and the Planning and Development Director are hereby authorized, as required, to inspect and approve of the licensed facilities prior to Select Board action on the license.
Except as otherwise provided, no person shall engage in any business or activity, nor maintain any equipment or device, for which a license or municipal approval is required in this chapter, without having first complied with all applicable rules and regulations and having paid the proper fee and obtained a license therefor.
A license is required for each place or premises where a business regulated by this chapter, or any part thereof, including storage, is conducted. No licensee shall engage in such business in any manner at any place without first obtaining such license. The provisions of this section shall not apply to the following licenses, except that a separate license shall be required for each cart, vehicle, conveyance or other carrier employed by such licensees: hawker, peddler, or taxicab.
Any person required by this chapter to obtain a license from the Town shall make application upon a form provided by the Town and shall state facts as may be required. Only complete applications will be accepted. Application(s) must be accompanied by the requisite fee and returned to the Town office. The Select Board, Town Manager or their designee are responsible for obtaining written approvals from applicable department heads, including but not limited to: 1) Fire Chief, 2) Police Chief, 3) Code Enforcement Officer and 4) Planning and Development Director, as may be required. Said approvals shall be based upon criteria set forth in this chapter, on the applications, and applicable municipal regulations and state law for the safe operation of the licensed facility, including but not limited to applicable building, plumbing and life safety codes. Those licenses that require a license or approval by the State of Maine must provide evidence of the license or approval.
When required, the officials named in § 142-5 of this chapter shall cause inspections to be made and a written report forwarded to the licensing authority verifying that the premises to be used by the proposed activity is in compliance with the following:
A. 
Chapter 290, Zoning.
B. 
Current 101 Life Safety Code, as adopted by the State of Maine.
C. 
Chapter 79, Fire Prevention and Protection.
D. 
National Electrical Code, as adopted by the State of Maine.
E. 
Maine Uniform Building and Energy Code, as adopted by the State of Maine.
F. 
Maine Uniform Plumbing Code and Subsurface Wastewater Disposal Rules.
G. 
Chapter 224, Sewers.
H. 
As a condition of approval, the Police and/or Fire Department may require that Police and/or Fire personnel be present before, during, or after the event, at the applicant's expense.
I. 
Appliable State of Maine requirements for the use.
A. 
Upon receipt of a completed application and all required supporting documentation, the Town Manager and/or their designee, when required, shall cause notice of said application to appear for at least two consecutive weeks before the date of the hearing in a weekly newspaper having general circulation in the Town of Camden, the cost of which shall be borne by the applicant and paid directly to the Town of Camden.
(1) 
For victualers and lodging licenses, the Select Board shall meet annually during the month of May on a date and at a time and place in the municipality that they determine. At least seven days before the meeting, they must post notices stating the purpose of the meeting in at least two public places in the municipality.
(2) 
The Select Board may meet at any other time at a meeting specially called and with public notice as provided in Subsection A(1) above.
B. 
All licenses, new and renewals, requiring public hearings shall be acted upon by the Select Board. The Town Manager and/or their designee (collectively hereinafter, as the context requires, "Town Manager") shall act upon all licenses, new and renewals, not requiring public hearings.
Upon referral by the Town Manager or their designee of a completed application in accordance with this chapter, the Select Board shall hold a public hearing, when required, to consider the license application. In its consideration to approve or deny said request, the Select Board shall determine that the applicant has:
A. 
Obtained approvals and inspections in accordance with this chapter.
B. 
Is in compliance with any requirements for obtaining the license pursuant to this chapter or any other municipal code or regulation, as well as any state or federal law.
C. 
If the Select Board determines that the applicant has met these requirements, it shall approve the license. If the Select Board determines the applicant has not met these requirements, it shall deny the license.
D. 
The Select Board may approve and issue the license under any restrictions, regulations and/or any conditions that it considers necessary, in order to protect the public health and welfare.
Upon a finding of good cause, the Select Board, or the Town Manager as authorized above, may issue a conditional license valid for up to 90 days contingent upon the licensed facility being compliant with all applicable health and life safety codes and standards as may be applicable under municipal regulation or state law.
All licenses issued under this chapter, except when otherwise provided, shall expire one year after the date of issuance unless revoked or suspended prior to expiration in accordance with the provisions of this chapter.
Any license issued under this chapter shall be displayed prominently at the place of business of the licensee named in the license.
A. 
The Town may deny a license if the applicant fails to comply with the requirements of this chapter. A license issued under the provisions of this chapter may be revoked by the Select Board or the Town Manager as authorized above, for any of the following reasons:
(1) 
If the licensee violates any condition or requirement of licensing under state or federal law or local ordinance;
(2) 
If there is fraud, misrepresentation, or false statement made in the course of applying for a permit, or judicial finding of fraud, misrepresentation, or false statement made to the Town in the course of operating the business;
(3) 
If there is judicial finding that the permittee conducted business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or welfare of the public;
(4) 
For failure to comply with terms or conditions of approval as specified in the permit application, such as but not limited to, building permit, sign permits, and development permit;
(5) 
For failure to abide by conditions imposed by Code Enforcement Officer, Police, and Fire Departments, in connection with a business license involving a special event; or
(6) 
If it is determined that the licensee is unfit to hold a license.
B. 
Revocation hearing.
(1) 
A license may not be revoked or suspended under § 142-13 until after investigation and hearing. The licensing authority shall serve notice of the hearing on the licensee or leave it at the licensed premises at least three days before the time set for the hearing. At the hearing, the licensee must be given an opportunity to:
(a) 
Hear the evidence in support of the charge against the licensee and to cross-examine, alone or through counsel, the witnesses; and
(b) 
Be heard in the licensee's own defense.
C. 
Failure of an establishment to obtain a license when deemed necessary by this chapter shall be enforced as violation and dealt with in the same manner as a denial, suspension, or revocation. If an applicant or a permitee has not complied with any of the requirements listed above, or if, through a routine criminal background investigation it is discovered that an applicant or a permitee has a criminal background and that background may jeopardize the welfare and safety of the community, the Town may immediately refuse to grant a permit or revoke an existing permit. The applicant or permittee shall receive notice by personal service or if personal service cannot be affected, by certified mail of the refusal or revocation. The notice shall contain a statement of the reason(s) for the refusal or revocation. Violation, suspension or revocation shall also be subject to the following:
(1) 
Upon receipt by the Code Enforcement Officer of a report from any department head or City, state or federal employee or agent charged with issuing, supervising, monitoring, inspecting or otherwise regulating any licensee, that the licensee is violating any law or ordinance respecting such license, the Code Enforcement Officer shall give notice to the licensee of the alleged violation. The notice of violation from the Code Enforcement Officer shall be delivered to the licensee by a person authorized to serve process under the laws of the State of Maine. The notice shall state the nature of the alleged violation and the date it was allegedly observed.
An aggrieved party may appeal any decision of the Select Board or the Town Manager to approve, approve with conditions, deny, or revoke a license or suspend a license to the Superior Court within 30 days of the written decision. In all instances the Select Board or Town Manager shall issue a written decision and such decision shall be sent to the applicant or licensee.
Any license issued by the Town shall not be transferable, nor assignable.
All business and facilities that are issued licenses under this chapter shall remain in compliance with any and all applicable municipal and state laws and regulations, or conditions of approval that pertain to the licensed premises.
Fees for license applications shall be set by the Select Board in a fee schedule as may be determined from time to time.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions.
Each day that any person engages in any business or activity without a license or after the license fee therefor becomes due and payable without paying such fee and securing a license as required in this chapter, shall constitute a separate offense. Each day that a person continues to operate a business in violation of any of the provisions of this chapter shall constitute a separate offense. In addition, if any licensed facility that operates in violation of their license or the requirements or conditions of their license constitutes a violation of this chapter. Violators may have their licenses immediately suspended or revoked after hearing. Any person, firm, or corporation violating any provision of this chapter shall be subject to Chapter 1, General Provisions, Article I, Enforcement and Penalties; § 1-4, Violations and penalties, and therefore fined not less than $100 nor more than $2,500 or for each offense, and a separate offense shall be deemed committed on each day during or on which the violation occurs or continues, or as provided for in specific license types in Article II of this chapter. All fines and penalties shall be recovered on complaint by the Town before a court of competent jurisdiction, or through a consent agreement as provided for in Chapter 290 of the Town Code of Ordinances.
These rules and regulations shall be known and may be cited as "Special Amusement Rules and Regulations of the Town of Camden, Maine." These rules and regulations are codified pursuant to 28 M.R.S.A. § 702[1] and an ordinance duly enacted by the Town of Camden at a regularly constituted Town meeting on the 13th day of March 1978.
A. 
Special purpose and enactment authority. The purpose of these rules and regulations is to control the issuance of special permits for music, dancing or entertainment in facilities licensed by the State of Maine to sell liquor as required by 28 M.R.S.A. § 702.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ENTERTAINMENT
Includes any amusement, performance, exhibition or diversion for patrons or customers of licensed premises whether provided by professional entertainers or by full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value.
LICENSEE
Includes the holder of a license issued under the alcoholic beverages statutes of the State of Maine, or any person, individual, partnership, firm, association, corporation, or other legal entity, or any agent, or employee of any such licensee.
TUMULTUOUS CONDUCT
Conduct of such nature and magnitude as to require or to cause the involvement of the Police Department of the Town of Camden or the involvement of other law enforcement authorities.
UNNECESSARY NOISE
Constitute noise of such a level and duration that said noise is both clearly audible outside the premises for which a permit has been issued and sufficiently irritating to disturb the residents in the neighborhood where this establishment is located.
C. 
Special permit and license requirements.
(1) 
No licensee for the sale of liquor to be consumed on a licensed premises shall permit, on a licensed premises, any music, except radio or other mechanical device, any dancing or entertainment of any sort unless the licensee shall have first obtained from the Town in which the licensed premises are situated a special amusement permit signed by at least a majority of the municipal officers.
(2) 
Applications for all special amusement permits shall be made, in writing, to the municipal officers on applications and forms prescribed by the Town along with required supplemental and supporting documentation and fees as may be required by the Town.
(3) 
Must provide a copy of the applicant's current liquor license.
(4) 
Municipal Officers shall be governed by the standards of Subsection D below.
(5) 
An inspection by the Fire Chief or their designee, the Code Enforcement Officer and the Police Chief or their designee per § 142-7 shall be conducted prior to issuance of the license.
D. 
Special standards.
(1) 
Hours of operation. The permitted activities under a special amusement permit shall cease no later than 11:00 p.m. in a residential zone as defined by the Zoning Ordinance of the Town of Camden,[2] except that permitted activities shall cease no later than 12:00 midnight in a residential zone on New Year's Eve; and no later than 12:30 a.m. in a commercial zone as defined by the Zoning Ordinance of the Town of Camden, except that permitted activities shall cease no later than 1:30 a.m. in a commercial zone on New Year's Eve. It shall be deemed detrimental to the public safety or welfare for entertainment of the type requiring special amusement permit to occur between the hours of 11:00 p.m. and 6:30 a.m. (12:00 midnight to 6:30 a.m. on New Year's Eve) in a Rural Zone as defined by Section IV, Article 1, in a Residential 2 Zone as defined by Section IV, Article 2; a Residential 1 Zone as defined by Section IV, Article 3; an Industrial Zone as defined by Section IV, Article 6; and in a Shoreland Zone as defined in Section IV, Article 7, of the Zoning Ordinance of the Town of Camden; and 12:30 a.m. to 6:30 a.m. (1:30 a.m. to 6:30 a.m. on New Year's Eve) in the following zones: Business Zone 2 as defined by Section IV, Article 4; Business Zone - Down Town - B-1 as defined by Section IV, Article 5; and Harbor and Business Zone as defined by Section IV, Article 8, of the Zoning Ordinance of the Town of Camden.[3]
[2]
Editor's Note: See Ch. 290, Zoning.
[3]
Editor's Note: See § 290-4.2 of Ch. 290, Zoning, for the list of zoning districts in the Town.
(2) 
There shall be no amplified music in a residential zone under any circumstances, except as may be allowed by approval of the Select Board on Town property. For purposes of these rules and regulations, "amplified music" shall include any amplification of sound produced by musical instruments for the provision of entertainment.
(3) 
The facilities on a premises receiving a permit under the terms of these rules and regulations shall be adequate to assure the safety of all patrons of that establishment and shall comply with all state laws and ordinances regarding such an establishment.
(a) 
The seating capacity in all zones shall be subject only to the requirement of other state laws or municipal ordinances as to capacity.
E. 
Tumultuous conduct. Incidents of tumultuous conduct or unnecessary noise shall be grounds for the suspension or revocation of a permit following notice and hearing and subject to the procedures of § 142-13 of these rules and regulations. The licensee of the permit hereunder shall not permit tumultuous conduct in his establishment at any time. Incidents or occurrences of tumultuous conduct as defined herein twice in one week or three times in one month shall be such conduct constituting grounds for suspension or revocation of the permit, following notice and hearing and upon the finding of fact that the owner or manager of said establishment took no reasonable actions to abate this conduct, which shall be prima facie evidence of a condition detrimental to the public health, safety or welfare of the community. For the purposes of this chapter, "tumultuous conduct" shall be defined as follows:
(1) 
An instance of tumultuous conduct involving more than five people shall constitute riotous conduct. One such instance or occurrence of riotous conduct shall be such conduct constituting grounds for suspension or revocation of the permit following notice and hearing and upon a finding of fact that the owner or manager of said establishment took no reasonable actions to abate this conduct, which shall be prima facie evidence of a condition detrimental to the public health, safety or welfare of the community.
(2) 
Unnecessary noise as defined herein constitutes a detriment to the public health, safety or welfare. More than three complaints of unnecessary noise reported to the Chief of Police within any year that a licensee has a permit may cause the municipal officers to consider revocation or suspension of the permit following notice of hearing to interested parties as prescribed herein. Following the hearing, the receipt of three additional complaints by the Chief of Police may cause the municipal officers to call a further hearing to consider revocation or suspension of the permit, following notice of hearing to interested parties as prescribed herein, and any three additional complaints after any hearing to consider revocation or suspension may cause the municipal officers to call a further hearing in the same manner as prescribed herein. Any outstanding complaints of unnecessary noise for a prior license year of a licensee with a special amusement permit shall not be considered after the beginning of a new license year of that licensee for purposes of determining the existence of more than three complaints of unnecessary noise to reinstate the permit if it finds that the permitted activities would not constitute a detriment to the public health, safety or welfare; or that the denial, revocation or suspension was arbitrary or capricious; or that the denial, revocation, or suspension was not based by a preponderance of the evidence on a violation of any ordinance, article, bylaw, or rule or regulation of the municipality.
F. 
Charge for admission. A licensed hotel, Class A restaurant, Class A tavern or restaurant malt liquor licensee, or other state-licensed facility who has been issued a special amusement permit may charge admission in designated areas approved by the municipal special amusement permit.
[1]
Editor's Note: 28 M.R.S.A. § 702 was repealed by Laws 1987, c. 45, § A, 3. See now 28-A M.R.S.A. § 1054.
The inhabitants of the Town of Camden are concerned about the serious public health and safety problems that may result when crowds assemble for any organized event. Such assemblages may lead to serious problems involving public health and safety matters relating to waste disposal, potable water, first aid, obstruction and damages to roads and highways, violation of alcohol and controlled substance laws, and destruction of both public and private property. The following chapter is hereby adopted in the interest of promoting general welfare, public health, and providing for public safety.
A. 
Special licensing required, exceptions. No person shall exhibit, sponsor, hold, promote, or operate any pageant, amusement show, theatrical performance, or other public assemblage where in excess of 400 people are reasonably anticipated to attend and where a substantial portion of the exhibitors, sponsors, promoters, operators, or attendees will be out of doors without procuring a license therefor from the municipal officers. Activities sponsored by the Town of Camden or by SAD 28 and public assemblies for purposes of Town government are expressly excluded from the licensing requirement of this chapter.
B. 
Special license request deadline. Any person seeking issuance of an assembly license must make a request therefor to the municipal officers or their agent no later than seven days prior to the event.
C. 
Special standards for issuance. The municipal officers shall issue a license to the applicant in the event that the municipal officers determine that the applicant complies with and has the ability to comply with the following standards, considering the size, duration and nature of the proposed event:
(1) 
Determine to their satisfaction that adequate supplies of potable water shall be available and reasonably spaced throughout the area;
(2) 
Determine that adequate toilet facilities shall be available;
(3) 
Determine that the area to be used is adequately equipped with containers for disposal of solid waste and garbage and that provisions are made for the removal and disposal of such wastes and garbage;
(4) 
Determine that adequate first aid facilities shall be provided;
(5) 
Determine that adequate parking facilities are available in the area in which the event is to be held;
(6) 
Determine that the event will not impair the safe and orderly flow of traffic on public ways; and
(7) 
Make any additional determination reasonably necessary for the municipal officers to find that the applicant shall continue to comply with the standards set forth above for issuance of the license as of the date of the event.
(8) 
An inspection by the Fire Chief or their designee, the Code Enforcement Officer and the Police Chief or their designee per § 142-7 shall be conducted prior to issuance of the license.
D. 
Special license conditions. The municipal officers may attach conditions to any license issued hereunder as are reasonably necessary to the applicant's compliance with this chapter, and enforcement of this chapter, including, without limitation, a condition that the applicant hire professional security personnel or compensate the Town for additional police officers or fire or EMS personnel for the event.
E. 
Surety bond required. In the event that the municipal officers determine that a surety bond is necessary to assure the applicant's compliance with the standards and conditions of the issuance of the license, the applicant may be required to furnish a surety bond acceptable to the municipal officers insuring that the grounds will be cleared of waste, and any damage to public or private property in the area arising out of, or in connection with, the event is promptly corrected or compensated for.
F. 
Additional information. The applicant, if called upon to do so by the municipal officers or their agent, shall furnish a plan showing the size of the area to be used with designated locations for drinking water, toilet and washing facilities, waste containers, first aid facilities and available parking.
This section shall be known and may be cited as "An Ordinance for the Licensing of Bottle Clubs in the Town of Camden, Maine." This article is codified pursuant to 30 M.R.S.A. § 2151(D)[1] and pursuant to the general police power of the municipality.[1]
A. 
Definitions. Unless otherwise defined herein or in the text, all words used will have their common meaning. The following words and phrases have the following definitions:
BOTTLE CLUB
Any person operating on a regular basis a premises for social activities in which members or guests provide their own alcoholic beverages, and where no alcoholic beverages are sold on the premises. A "bottle club" is such a club which maintains quarters for the use of its patrons on a regular basis or charges an admission fee to patrons or to the general public. Drinking in a public place as defined in 17 M.R.S.A. § 2003 shall not be deemed drinking in a bottle club; and nothing contained herein shall contradict the prohibition contained in said 17 M.R.S.A. § 2003 concerning drinking in a public place.[2]
OFFICER
Any officer, director, stockholder, owner, manager or person who has either a financial interest of any nature in a bottle club or directs any policy of a bottle club.
PERSON
Any individual, person, firm, corporation, association, partnership, or organization.
[2]
Editor's Note: 17 M.R.S.A. § 2003 was repealed 6-5-1981 by Laws 1981, c. 481, § 1. See now 17 M.R.S.A. § 2003-A.
B. 
Unlicensed bottle clubs prohibited, exceptions.
(1) 
No person, including a firm, corporation, association, partnership, or organization, shall keep, maintain, operate, lease, or otherwise furnish, either to its members, patrons and guests or to the general public, any premises, building, apartment, or place for use as a bottle club without first having obtained a license as prescribed herein and paying fees therefor.
(2) 
Notwithstanding any other provisions of this article, the following organizations shall not be subject to the provisions of this article: bona fide nonprofit, charitable, patriotic, or religious organizations. Such an exempt organization under the terms of this article must in proof of its exemption exhibit to the licensing authority suitable proof of tax exemption under the then-existing federal income tax code or under the laws of the State of Maine in proof of its qualification for exemption.
C. 
Qualifications of officers. All officers of a bottle club shall meet the following qualifications: No officer shall have been convicted of a Class A, B, or C crime nor of violating any of the gambling or prohibited liquor laws of the United States or of the State of Maine, or any other state, within seven years immediately preceding the date of the application.
D. 
Description of premises. All officers of a bottle club shall meet the following qualifications: No officer shall have been convicted of a Class A, B, or C crime nor of violating any of the gambling or prohibited liquor laws of the United States or of the State of Maine, or any other state, within seven years immediately preceding the date of the application.
E. 
Special permit and license requirements.
(1) 
No bottle club defined herein shall operate without a license and only upon approval of the majority of the municipal officers.
(2) 
Applications for all bottle club's licenses shall be made, in writing, to the municipal officers on applications and forms prescribed by the Town along with required supplemental and supporting documentation and fees as may be required by the Town.
(3) 
An inspection per § 142-7 shall be conducted prior to issuance of the license.
F. 
Special notice requirement. The municipal officers shall also give written notice to the owners of all property within 500 feet of the parcel or tract of land on which such bottle club shall be located, and such notice shall be given by certified mail, return receipt requested.
G. 
Special standards for issuance of license. The municipal officers hereby adopt the following standards in the issuance of a license for a bottle club and for the suspension or revocation of such a license:
(1) 
The municipal officers shall not grant a license in the event that said officers find that the issuance of the license would be detrimental to the public health, safety or welfare; or would violate municipal ordinance, or rules and regulations, articles or bylaws.
(2) 
The facilities on the premises receiving a license under the terms of this article shall be adequate to assure the safety of all patrons of that establishment and shall comply with all state laws and ordinances regarding such an establishment.
(3) 
Seating capacity in all zones shall be subject to the requirements of other state laws and municipal ordinances as to capacity.
(4) 
Under no circumstances shall any bottle club as defined in this article be permitted in a rural zone, residential-2 zone, residential-1 zone, or a shoreland zone in the Town of Camden as defined by the Zoning Ordinance[3] of the Town of Camden. Subject to the provisions contained in this article, the bottle club shall be permitted only in a business zone-2 as defined by Section IV, Article 4; a business zone (downtown) B-1 as defined by Section IV, Article 5; and a harbor and river business zone as defined by Section IV, Article 8, of the Zoning Ordinance of the Town of Camden.[4] Permitted activities under such a license in said zones shall cease no later than 12:30 a.m. in said business zones. It shall be deemed detrimental to the public safety or welfare for such permitted activities under said license to occur between the hours of 12:30 a.m. and 6:30 a.m. in said business zones.
[3]
Editor's Note: See Ch. 290, Zoning.
[4]
Editor's Note: See § 290-4.2 of Ch. 290, Zoning, for the list of zoning districts in the Town.
(5) 
No licensee under the terms of this article for a bottle club shall be permitted to operate a bottle club unless said licensee obtains the services of an appropriate police officer or law enforcement officer during all of the hours of operation of said bottle club. Services of such a police officer or law enforcement officer shall be obtained solely at the expense of said licensee.
(6) 
No license shall be granted to any applicant who has not permitted access to the premises of the applicant by the Fire Chief, or their designee and the Code Enforcement Officer for the investigation of an applicant as required in § 142-6 and § 142-7 herein; and no license shall be granted to any applicant who has not fully cooperated with such an investigation.
H. 
Entertainment license. No licensee shall permit, on his licensed premises, any music, dancing or entertainment which requires a special amusement permit, unless the licensee shall have first obtained a special amusement permit pursuant to the requirements of the rules and regulations governing the issuance, suspension and revocation of special amusement permits for the Town of Camden.
I. 
Hours of bottle clubs. The premises used as a bottle club shall be closed and vacated by members and guests each day during the hours as specified in § 142-22G(4) of this article. During the hours that the bottle club must remain closed, no members, guests, or other persons, other than regular employees, may be on or remain therein, and the use by anyone of the premises or facilities the bottle club for the drinking of alcoholic beverages during such hours when the bottle club must remain closed is prohibited.
J. 
Minors not permitted in bottle clubs. No person under the age of 20 years shall be permitted in or on that part of the premises subject to the control of any bottle club where people are permitted to drink alcoholic beverages.
K. 
Illegal activities. No licensee shall permit any illegal activities to take place on the licensed premises and shall immediately report such activity to law enforcement authorities. Such licensed premises shall be subject to inspection by state, county or municipal law enforcement officers at any time, at the request of the municipal officers.
L. 
License restriction.
(1) 
A license to operate a bottle club, as provided for by this article, may be denied, suspended, or revoked by the municipal officers, after notice and hearing, for a violation of or a failure to comply with any of the provisions of this article.
(2) 
Public notice to interested parties shall consist of a notice published in a local newspaper of general or local circulation at least seven days prior to the date of the hearing.
[1]
Editor's Note: 30 M.R.S.A. § 2151 was repealed 2-26-1988 by Laws 1987, c. 583, § 12. See now 28-A M.R.S.A. § 161-B.
A. 
License required; flea market defined.
(1) 
It shall be unlawful for any persons, firm, or corporation to engage in the business of a flea market or the purchase and sale of articles by secondhand dealers in the Town of Camden without having first secured a license therefore from the Select Board of the Town of Camden.
(2) 
This chapter and the licensing requirement contained herein shall pertain to any business activity commonly known as a "flea market" and any other related activity which involves the purchase and sale of articles by secondhand dealers. For purposes of this chapter, the term "flea market" shall mean a business in which articles of merchandise are sold from stalls or booths or otherwise at a temporary location. For the purposes of this article, a "temporary location" shall mean a location for that business at which the business is operated for a period of less than six months in a period of one year.
B. 
Permission required to operate flea market. No person, firm or corporation shall organize, permit, or cause the operation of a flea market or other similar business activity on any street, sidewalk, park, parkway or in any other public place except with the written permission of the Board of Selectmen of the Town of Camden.
C. 
Traffic and advertising on public ways.
(1) 
Any applicant for a license shall specify adequate parking arrangements with regard to the location of the business activity under the license, and those parking arrangements shall not impair safety of traffic on public ways and shall not cause unreasonable congestion on public ways.
(2) 
Any licensee under the license granted hereunder shall take reasonable steps to assure that the business activity licensed hereunder shall not unreasonably impair safety or unreasonably cause traffic congestion on public ways.
(3) 
Any licensee hereunder shall not cause or permit signs advertising the licensed activity on any public way or public place except with the express permission of the Select Board, which said permission shall be specifically requested by the applicant and, if granted by the Select Board, shall be endorsed on the license.
A. 
Special purpose and exemptions. Activities such as the operation of a lemonade stand operated by a minor on the parent's property; an agricultural farm stand; and the preparation, sale and service of food conducted by religious, charitable, educational and other nonprofit institutions serving the local area are excluded from the provisions of this chapter. After careful consideration, the residents of the Town of Camden find that, in order to preserve the beauty of the Town and at the same time allow reasonable commercial activity on certain public property for specific vendors for limited time periods, the regulation of hawking and peddling is necessary for the general welfare, health and safety of the public and the residents of the Town of Camden.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOD TRUCK
A truck which has a current registration from the Maine Department of Motor Vehicles where food and/or drink is prepared and sold at retail for consumption by the public. Food trucks are not the same as peddler trucks and/or peddler carts.
HAWKER
Any person operating on public property selling or offering to sell goods to the general public merchandise from a movable structure.
HAWKING AND PEDDLING
The business of a person who travels from place to place for the purpose of selling food, drink or merchandise at retail to the general public.
PEDDLER
Any person operating on public property selling, or offering for sale, to the general public, food from a temporary movable structure such as a peddler cart, a peddler truck, a tent pop-up canopy or a food truck.
PEDDLER CART
(1) 
Any stand, cart or pushcart capable of being moved, which is designed and constructed to permit the preparation, sale and serving of food exclusively to the public. This cart is a temporary, mobile structure which is located in a specific place on a parcel of land and is not permanently affixed to either to the ground or to a permanent structure.
(2) 
Any stand, cart or pushcart which is not capable of being moved shall be considered to be a structure and not covered by this chapter.
PEDDLER TRUCK
A truck which has a current Department of Motor Vehicle license, from which only unprocessed food, such as, but not limited to, seafood, fruits and vegetables, are sold and is located on public property or on the street right-of-way subject to conformance with all traffic regulations.
PUBLIC PROPERTY
Real property located within the Town of Camden in which the Town of Camden has some right title and interest, be it by fee title, easement, lease or license, including but not limited to all Town ways and public easements. The Select Board is hereby authorized, from time to time, to exempt any public property from the scope of this definition, in its sole discretion.
C. 
Vendor's license required.
(1) 
It shall be unlawful for any person, firm or corporation to engage in the business of hawking and peddling of any food, drink, merchandise, article or thing without having first secured a vendor's license therefor from the Select Board of the Town of Camden or its designee, except for any such person, firm or corporation listed in the following subsection who is not involved in the business of itinerant vending of food and drink or merchandise at retail. Subject to the mandatory requirements of Subsection D herein, the terms of each vendor's license shall be as determined by the Select Board, in its sole discretion, with due consideration of public health, safety or welfare. Issuance of any vendor's license shall be a permissive act of the Select Board; no person shall have a right to obtain a vendor's license.
(2) 
This chapter does not apply to person's selling merchandise by sample, list or catalogue for future deliveries; farm, dairy, orchard, fish, and forest products of their own production; or newspapers and religious literature unless such firm or corporation is engaged in the business of itinerant vending of merchandise at retail. By adoption of this chapter, the activity of hawking and peddling is hereby approved in all zones within the Town of Camden, and shall not be considered a use of real property as regulated by Chapter 290, Zoning, of the Code of the Town of Camden.
D. 
Application for vendor's license.
(1) 
Applications for such licenses shall be made to the Select Board by delivery of such application to the Town Manager or their designee and shall state thereon the description and number of vehicles, if any, intended to be operated in connection with the business for which a license is required, the kind of merchandise to be hawked or peddled, and the permanent address of the hawker or peddler.
(2) 
Applications shall include and require at a minimum and shall specify:
(a) 
The hawker or peddler must have received preliminary approval to participate in an event that has received approval from the Select Board or its designee;
(b) 
The hawker or peddler must be located on Town-owned property;
(c) 
Business cannot be conducted outside the time frames of the specific event noted above;
(d) 
Amplified customer notification systems and amplified music are prohibited;
(e) 
Exterior lighting shall not create unreasonable glare and shall not be localized lighting that is used with the peddler truck or cart for the purpose of food preparation and used on the exterior of the peddler truck or cart for menu for focused, minimal menu illumination;
(f) 
Signage shall be limited to externally illuminated, on-truck signs and menu signs; the size and location of signs shall be determined by the Select Board, in its sole reasonable discretion; provided, however, the Select Board shall give due consideration to, but not be bound by, the maximum allowable sign specifications for each zone as described in Article XI, Signs, § 290-11.11, Specifications, of Chapter 290, Zoning, shall be prohibited; otherwise, Article XI, Signs, of Chapter 290, Zoning, shall not apply to a peddler cart or truck which is the subject of a duly authorized vendor's contract;
(g) 
Hawkers and peddlers shall not verbally solicit business from pedestrians or persons in vehicles or conduct sales to persons in vehicles;
(h) 
Hawkers and peddlers of food or drink shall obtain all required municipal and state inspections and licenses prior to the sale of any food or drink.
A. 
Special purpose. The Town of Camden hereby adopts the following Lodging Establishment Licensing Ordinance to provide for the orderly enforcement of regulations, limitations, restrictions, and other requirements relating to the operation of lodging establishments.
B. 
Special authority. This chapter is enacted pursuant to and in accordance with the provisions of 30-A M.R.S.A. § 3811, Subdivision 1, and the Home Rule Authority granted to the Town in accordance with the provisions of 30-A M.R.S.A. § 3001.
C. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
HOTEL/MOTEL
A commercial building or group of buildings built or converted to accommodate, for a fee, travelers and other transient guests. A hotel or motel facility may include restaurant facilities where food is prepared, and meals served only to its overnight guests.
INN
A type of lodging based in the permanent dwelling of the person or family acting as proprietor and that lodging accommodates, for a fee, travelers and other transient guests who are staying for a limited duration. An inn:
(1) 
Has 10 or fewer sleeping rooms offered for rent;
(2) 
Does not provide full-service dining, but may serve breakfast and/or an afternoon snack to guests only; and
(3) 
May be allowed to host up to eight special functions per year, including the serving of meals to such gatherings, provided that written notification is provided to the Code Enforcement Officer and the parking for such functions is provided on-site or through other off-street arrangements.
LICENSE
A license issued pursuant to this chapter.
LICENSEE
Any person who maintains an unexpired license pursuant to this chapter.
LICENSING BOARD
The municipal officers of the Town.
LODGING ESTABLISHMENT
An overnight accommodation with sleeping arrangements provided for a fee which is considered, for purposes of this chapter, to be either an inn or a hotel/motel, as defined below:
OPERATOR
Any person who operates a lodging establishment.
PERSON
Any individual, person, firm, corporation, association, partnership, or organization.
D. 
Special criteria for issuance of license. The applicant shall provide the following supplemental information:
(1) 
The operator has not been convicted of a crime in the State of Maine or in any other jurisdiction which is punishable by one year or more imprisonment or for any other crime committed with the use of a dangerous weapon or of an offense involving the use of a firearm against another person within five years of the date of application.
(2) 
There is no formal charging instrument now pending against the operator in the State of Maine or any other jurisdiction for a crime which is punishable by one year or more of imprisonment or for any other crime allegedly committed by the operator with the use of a dangerous weapon or of an offense involving use of a firearm against another person.
(3) 
The operator has not been adjudicated to be an incapacitated person pursuant to state law or, if such adjudication has occurred, that designation has been removed by order under Title 18-A M.R.S.A. § 5-307(b).[1]
[1]
Editor's Note: 18-A M.R.S.A. § 5-307 was repealed 9-1-2019 by Laws 2017, c. 402, § A-1.
(4) 
The operator has not had three or more convictions for crimes punishable by less than one year imprisonment within five years of the date of the application.
(5) 
The operator has not been adjudicated as having committed a juvenile offense pursuant to the laws of the State of Maine or any other jurisdiction within five years of the date of application.
(6) 
The operator has not had three or more convictions for crimes punishable by less than one year imprisonment within five years of the date of the application.
(7) 
An inspection per § 142-7 shall be conducted by the Fire Chief or their designee and the Code Enforcement Officer prior to issuance of the license.
E. 
Licensee's duty to update. It shall be the responsibility of every licensee who intends to increase the number of rooms rented to the public during the term of an unexpired license to file an application for said increase with the Licensing Board no later than 30 days prior to offering the additional room(s) for rent. If the increase in rooms to be offered for rent results in an increase in fee categories outlined in § 142-17 of this chapter, then the licensee shall also submit a pro rata share of the additional fees required under that section. No reimbursement shall be provided when the number of rooms available for rent is reduced during the term of any unexpired license. It shall be the responsibility of every licensee to continue to conform to the approval criteria set forth in Subsection D during the term of the license, and the licensee shall report any change of circumstances pertinent to the approval criteria during the term of the license within 10 days of any such change of circumstances.
A. 
Special purpose. The Town of Camden hereby adopts the following Cannabis Licensing Ordinance in order to regulate adult-use cannabis establishments as may be allowed in Chapter 290, Zoning. The purpose of this chapter is to set forth procedures and standards for the issuance of a local cannabis license to adult use cannabis establishments, in order to protect public health, welfare and safety of the citizens of the Town of Camden.
B. 
Special authority. This chapter is enacted pursuant to home rule authority granted under 30-A M.R.S.A. § 3001, and 28-B M.R.S.A. § 402 of the Marijuana (Cannabis) Legalization Act, which requires adult-use cannabis establishments to obtain local authorization before being granted a license through the state.
C. 
Definitions. As used in this chapter, the terms below shall be defined as indicated. All other terms used in this chapter, if not defined below, shall have the same definition as set forth in Chapter 290, Zoning, and 30-A M.R.S.A. § 3001, 22 M.R.S.A. § 2423-A(14)[1] and 28-B M.R.S.A. § 402.
APPLICANT
A person that has submitted an application for licensure as a cannabis establishment pursuant to this chapter.
CANNABIS ESTABLISHMENT
A cultivation facility, retail cannabis store, medical cannabis storefront, products manufacturing facility or testing facility, all as may be allowed and defined in Chapter 290, Zoning.
LICENSED PREMISES
The premises specified in an application for a license pursuant to this chapter or within a license issued pursuant to this chapter.
LICENSEE
A person or entity licensed pursuant to this chapter.
LOCAL LICENSING AUTHORITY
The Town of Camden Select Board, also known as the "municipal officers."
OWNER
A person or entity whose beneficial interest in a cannabis establishment is such that the person bears risk of loss other than as an insurer, has an opportunity to gain profit from the operation or sale of a cannabis establishment and/or has a controlling interest in a cannabis establishment.
PERSON
A natural person, partnership, association, company, corporation, limited liability company or organization, or a manager, agent, owner, director, servant, officer or employee thereof. "Person" does not include any governmental organization.
PREMISES
The physical location at which a cannabis establishment is to conduct its business.
STATE LICENSE
Any license issued by the State Licensing Authority.
STATE LICENSING AUTHORITY
The jurisdictional authority designated by the state for the purpose of regulating and controlling licensing for Cannabis establishments.
[1]
Editor's Note: 22 M.R.S.A. § 2423-A, Subdivision 14, was repealed 9-19-2019 by Laws 2019, c. 331, § 16.
D. 
Special license/local authorization required. Effective December 1, 2019, a cannabis establishment shall not begin or continue operations unless it has received and is in possession of a license issued pursuant to this chapter and is renewed annually. No retail cannabis establishment may operate or be granted a use permit or a certificate of occupancy unless the establishment has been granted a certification of local authorization by the Town of Camden and final approval by the state in accordance with Title 28-B Chapter 1 of the Maine Revised Statutes. For the purposes of Title 28-B Chapter 1 of the Maine Revised Statutes, the local, a Town of Camden cannabis business license shall serve as certificate of local authorization and shall be valid for one year.
E. 
Special review and application procedures.
(1) 
All license applications under this chapter, whether new or a renewal, shall be submitted to the local licensing authority, or their designee. Application shall be made, in writing, using a form prepared by the Town for the purpose and must include all information required by this chapter and by the application. The local licensing authority, or their designee, shall, within 20 days of receiving a license application, notify the applicant whether the application is complete. If the application is determined to be incomplete, the local licensing authority, or their designee, shall notify the applicant, in writing, of the specific information necessary to complete it. It shall be the responsibility of the applicant to provide any additional information or documents requested by the local licensing authority, or their designee. Within 20 days after the application is determined to be complete, the local licensing authority shall hold a public hearing to decide whether or not to issue a license. Prior to action on a license application, the local licensing authority shall give notice of the application to the property abutters at least seven days prior to the application being heard by the Select Board. Notice of the application shall also be by publication in a newspaper of general circulation at least seven days prior to the application being heard by the Select Board. Fees associated with notice shall be borne by the applicant.
(2) 
The review procedures described in this section shall be the same for initial license applications as well as renewals. In reviewing license applications, the local licensing authority, their designee and any consulting Town officials may consider the approval standards under this chapter as well as other applicable local, state or federal laws and, for license renewals, the licensee's record of compliance with the same.
(a) 
The local licensing authority, or their designee(s), shall be responsible for the initial investigation of the application to ensure compliance with the requirements of this chapter and to obtain recommendations from other Town officials as may be needed or required. Town officials that shall review the application shall include, but not be limited to, the Planning and Development Director, Code Enforcement Officer, Fire Chief, and Police Chief. The local licensing authority, or their designee(s), shall provide a copy of the license application and supporting documentation to each Town official along with a form upon which the official shall note his or her findings and conclusions, as well as any recommended conditions of approval.
(b) 
The local licensing authority shall have the authority to impose any conditions on a license that may be reasonably necessary to ensure compliance with the requirements of this chapter or to address concerns about operations. Failure of any licensee to comply with such conditions shall be considered a violation of the license and of this chapter.
(c) 
If any official consulted by the local licensing authority, or their designee(s), finds that a license application should not be approved, the reasoning shall be forwarded to the local licensing authority and shall be reviewed during the licensees hearing. The local licensing authority makes the final determination as to whether the license should be issued and/or if any conditions should be attached.
(d) 
Licenses shall be approved only for the type(s) of cannabis establishment(s) identified in the application and as may be allowed per Chapter 290, Zoning.
(e) 
Any municipal official with authority to make recommendations, grant licenses or enforce this or other municipal ordinances regarding cannabis establishments shall have the authority to enter the premises of an applicant or licensee without notice to make any inspection reasonably necessary to ensure compliance with applicable laws, rules, or ordinances.
F. 
Application submission requirements. Each application for a cannabis establishment license shall complete and file an application on a form provided by the local licensing authority or their designee(s), together with the applicable license fee, as well as the following supporting materials:
(1) 
A copy of the applicant's full state license application, supporting documentation, as submitted to the State Licensing Authority.
(2) 
A copy of the applicant's provisional or conditional state license.
(3) 
Information sufficient to determine compliance with the State Licensing Authority's licensing and approval criteria set forth in 28-B M.R.S.A.
(4) 
If not included in the applicant's state license application, an affidavit that identifies all owners, officers, members, or partners of the applicant, their ownership interests, and their places of residence at the time of the application and for the immediately preceding three years. Supporting documents, including but not limited to motor vehicle operator's license, motor vehicle registration, or utility bills, shall be provided.
(5) 
A release for each applicant and for each officer, owner, member, manager or partner of the applicant seeking a license, allowing the Town of Camden or its officials to obtain criminal records and other background information related to the individual(s).
(6) 
Evidence of all local land use approvals required under Chapter 290, Zoning, to operate the cannabis establishment, including, but not limited to, special exception approval, site plan approval and change of use permit.
(7) 
Evidence of all other state and local approvals or conditional approvals required to operate the cannabis establishments, including any applicable state licenses.
G. 
Special approval and operating requirements. In order to obtain a license pursuant to this chapter, the licensee shall demonstrate to the local licensing authority and all reviewing officials that the following requirements will be met. The licensee shall comply with all of these requirements during the term of the license, in addition the requirements of the State Licensing Authority:
(1) 
All licensed facilities must demonstrate compliance with applicable, Article XA, Performance Standards Generally, § 290-10A.13, Marijuana cultivation facilities, of Chapter 290, Zoning.
(2) 
Security measures. The applicant and/or licensee shall provide a copy of their State Licensing Authority-approved security plan(s) per Section 3.3 (Security) of the State Licensing Authority's rules.
(3) 
All applicable licensed facilities shall comply with NFPA 1, Chapter 38, Standards for Cannabis Growing, Processing, or Extraction Facilities, and applicable state and local laws and regulations.
(4) 
All facilities shall obtain a certificate of occupancy and/or use permit prior to occupying the licensed premises.
(5) 
An inspection per § 142-7 shall be conducted prior to issuance of the license.
H. 
Compliance with other provisions; waiver and release upon approval.
(1) 
In addition to compliance with this chapter, the applicant, licensee or any person subject to this chapter must also comply with all other applicable state or local laws and ordinances concerning the licensed premises, specifically including, but not limited to, Chapter 290, Zoning, and applicable building, electrical, and life safety codes.
(2) 
Town permits, approvals or licenses provide no protection or indemnification against enforcement of federal or state laws that may prohibit operation of Cannabis establishments. By accepting Town approvals, the licensee waives and releases the Town, its officers, elected officials, employees and/or agents from any liability, injuries, damages, or liabilities of any kind that may result from any arrest or prosecution of business owners, operators, employees, clients, or customers for a violation of federal, state or local laws or regulations.
A. 
Special purpose. The purpose of this chapter is to control the issuance and revocation of licenses for the operations of taxicabs in the Town of Camden and regulation of the operation of taxicabs pursuant to those licenses in the interest of protecting the welfare of the citizens of the Town of Camden and of the public.
B. 
Definitions, word usage. As used in this section, the following terms shall have the meanings indicated:
LICENSEE
Includes the holder of a valid license to operate a taxicab or to permit or cause the operation of a taxicab in the Town of Camden.
LICENSING AUTHORITY
The Select Board of the Town of Camden.
TAXICAB
Any vehicle used or to be used for the transportation of a passenger or passengers for hire from place to place within the Town of Camden or from a place within the Town of Camden to a place outside the Town of Camden shall be deemed a taxicab within the meaning of this chapter, except a motor vehicle subject to regulation by the Public Utilities Commission of the State of Maine. The capacity of taxicabs shall not exceed seven passengers plus a driver shall not be considered a taxicab.
C. 
Licensing requirement.
(1) 
No person shall operate a taxicab in the Town of Camden or permit or cause the operation of a taxicab in the Town of Camden unless that person shall have first obtained from the Town of Camden a taxicab license issued by the Select Board of the Town of Camden upon a vote of the majority of the Select Board to issue such a license.
(2) 
No licensee for a taxicab shall permit or cause any person to operate a taxicab unless that person conforms with the requirements for issuance of a license in accordance with this chapter and the information concerning that person set forth in this chapter has been supplied by that person on forms provided by the Town of Camden for that purpose.
D. 
Application for a license.
(1) 
Applications for all taxicab licenses shall be made, in writing, to the Select Board of the Town of Camden, and on applications prescribed by the Town, and shall be completed in its entirety. Incomplete or blank responses will be deemed as an incomplete application.
(2) 
Application must include a fee, as determined by the Select Board.
(3) 
By affixing their signature to the application, the applicant certifies that the information in the application provided by him/her is true and correct and that he/she understands that an affirmative answer to any questions on the application is a consideration in a refusal to issue the license and that any false statement shall result in refusal to issue the license and other penalties as provided by law.
(4) 
The applicant shall submit the following information concerning all drivers that the applicant shall cause or permit to operate taxicabs in accordance with the license granted by this chapter.
(5) 
The applicant shall cause to be submitted an attachment to be provided by the Town, together with the application form which contains the statements and questions, which said questions and information shall be provided by the drivers of the taxicab whom the licensee shall cause or permit to operate taxicabs under that license, and this attachment shall be submitted to the Town Office directly by those drivers.
(6) 
The applicant and any drivers of taxicabs under the license provided by this chapter shall submit to being photographed, and that photograph shall become a permanent part of the application submitted hereunder.
(7) 
The applicant shall submit, together with the application, a certificate of insurance or other proof of insurance showing liability insurance coverage for the applicant and any drivers of taxicabs under this license in an amount not less than $100,000 each person and $100,000 aggregate.
(8) 
The applicant and any driver of a taxicab shall show proof of a current valid Maine driver's license.
(9) 
The requirements and information set out in this section of the chapter and on the application and forms shall constitute a complete application, and no license shall be issued until the receipt of a complete application by the Board of Select Board.
E. 
Requirements for issuance of license. The following requirements must be met by the applicant for the issuance of a license for the operation of taxicabs, and a license shall be issued to any applicant who meets all of these requirements.
(1) 
The applicant shall be 18 years of age or older;
(2) 
The applicant shall not have been convicted, within five years prior to the date of application, of a crime which is punishable by a maximum term of imprisonment equal to or exceeding one year;
(3) 
The applicant shall not be an unlawful user of or addicted to cannabis or any other drug;
(4) 
The applicant shall not be a fugitive from justice;
(5) 
The applicant shall not have been adjudicated to be incapacitated person pursuant to 18-A M.R.S.A. Article 5, Parts 3 and 4, and not had that designation removed by an order under 18-A M.R.S.A. § 5-307, Subsection B;[1]
[1]
Editor's Note: 18-A M.R.S.A. Article V was repealed 9-1-2019 by Laws 2017, c. 402.
(6) 
The applicant shall not have been convicted of operating under the influence of intoxicating liquors or operating under the influence of drugs within five years prior to the date of application;
(7) 
The applicant shall not have been convicted of negligent or reckless driving to endanger within five years prior to the date of the application;
(8) 
The applicant shall have and maintain at all times a current valid Maine driver's license;
(9) 
The applicant shall maintain at all times liability insurance coverage for the applicant and any drivers of taxicabs under this license in an amount not less than $100,000 each person and $100,000 aggregate;
(10) 
The applicant has not been convicted of a crime of theft, deception or negotiating a worthless instrument within the last 10 years;
(11) 
The applicant has not been convicted of a crime of gross sexual assault/misconduct/contact, murder, manslaughter, kidnapping, unlawful restraint, assault, aggravated assault, criminal threatening, terrorizing, stalking, reckless conduct, visual sexual aggression, criminal violation of a protection from abuse order, criminal violation of a protection from harassment order, unlawful sexual aggression, or unlawful sexual contact/touching, within 20 years of the date of application;
(12) 
The applicant shall permit or cause the operation of taxicabs only by drivers who at all times meet and comply with the requirements of this chapter and their application.
F. 
Issuance of first license.
(1) 
Upon receipt of a complete license application, the Select Board shall issue the license to the applicant only in the event that the applicant meets all of the requirements set forth in this chapter and on the application. In the event that the applicant does not meet the requirements of this chapter for issuance of a license, the Select Board shall issue a determination, in writing, based upon the evidence submitted to the Select Board by the applicant in connection with the application and all evidence available to the Select Board based upon inquiry by the municipal officers or the Chief of Police of the Town of Camden of evidence recorded by a government entity.
(2) 
A license issued under this chapter shall be valid for a period of one year from the date of issuance of the license.
(3) 
Each license issued shall contain the name, address, and photograph of the applicant. Each license issued shall contain the name, address and photograph of each driver of a taxi who shall be permitted or caused to operate a taxicab under the license by the applicant.
(4) 
The licensing authority shall issue a license or deny, and reply in writing as to the reasons for any denial of a license, within 30 days of the date of receipt of a complete application for a license.
G. 
Special renewal of license.
(1) 
At the expiration of a first license to operate taxicabs in accordance with this chapter, a licensee may apply annually for a renewal of that license by submitting a certification to the licensing authority that the information contained in the first application for a license has not changed; that that information is true and correct as of the date of renewal of the license; or a statement, in writing, of any changes or corrections in the information presented in the original application for a license as of the date of renewal.
(2) 
In the event that the applicant continues to conform with all of the standards of this chapter and of the application requirements at the time of renewal, then the Select Board shall renew the license for an additional period of one year. In the event that the applicant does not meet the requirements of this chapter for issuance of a license as of the date of renewal, then the Select Board shall issue a determination, in writing, based upon evidence of the type set forth in this chapter and in the application. The licensing authority upon denial of any renewal of a license shall reply, in writing, as to the reasons for that denial within 30 days of the date of receipt of an application for renewal.
H. 
Revocation or suspension of license.
(1) 
In addition to the provisions detailed § 142-13 of this chapter, the licensing authority may, after a hearing and notice to the applicant, suspend or revoke any license for a taxicab which has been issued under this chapter on the grounds that there has been a material misstatement made on the application, or that the applicant has violated the requirements of this chapter, or that the applicant has become ineligible to make an application under this chapter.
(2) 
To the extent required by law, and in particular 1 M.R.S.A. §§ 401 through 410, any hearing pursuant to this section of the chapter shall be public. To the extent that any hearing pursuant to the chapter involves information that is made confidential by law, the hearing or portion of the hearing involving confidential information shall not be made public unless the applicant agrees to authorize the release of that information or a public discussion of that information.
(3) 
No person, otherwise qualified, who has had a license revoked pursuant to the provisions of this section is eligible for reapplication until the expiration of 30 days from the date of revocation.
(4) 
In the event that the licensing authority suspends or revokes a license pursuant to this section, the licensing authority shall within seven days of the date of hearing issue a written statement specifying the grounds for revocation of the license or suspension of the license. With regard to the suspension of the license, the specific time period of the suspension shall be stated in the written statement of suspension.
I. 
Display of license. Every licensee shall have a license displayed in all vehicles operated as taxicabs under the terms of this license and shall display this license on demand to any law enforcement officer.
J. 
Taxicab operators. A licensee shall not cause or permit any person to operate a taxicab under the applicant's license in the event that person does not meet the requirements contained in this chapter or in the event that the applicant has not provided the information concerning that person to the licensing authority as required in this chapter.
K. 
Confidentiality. To the extent required by law, and in particular 1 M.R.S.A. §§ 401 to 410, and 16 M.R.S.A. §§ 611 through 622,[2] all applications, refusals and supporting documentation received pursuant to the application section of this chapter are confidential and may not be made available for public inspection or copying. The individual may waive this confidentiality by written notice to the issuing authority. All proceedings relating to the granting, denial or revocation of permits are not public proceedings to the extent that those proceedings are not public by law, unless otherwise requested by the applicant.
[2]
Editor's Note: 16 M.R.S.A. § 611 et seq. was repealed 10-9-2013 by Laws 2013, c. 267. See now 16 M.R.S.A. § 701 et seq.
L. 
Record of license. The licensing authority shall make a permanent record of each license for a taxicab in a suitable book or file kept for that purpose. The record shall include the date of issuance, the name, age, sex and street address of the licensee, and shall be available for public inspection.
M. 
Conspicuous identification. Every taxicab owner thus licensed shall have the word "taxi" and the Town license number plainly painted in a conspicuous place on each and every taxicab operated by him in letters not less than two inches in height.
N. 
Parking spaces.
(1) 
A licensee for the operation of taxicabs and any employee thereof operating or driving a taxicab shall only park a taxicab in spaces designated by the Select Board within the business district of the Town of Camden. The business district is as defined in Chapter 290, Zoning, of the Code of the Town of Camden.
(2) 
Other taxicabs owned by a licensee shall be parked on outlying streets until they are called into service or until the stand in the business district is vacant.
O. 
Violations and penalties; remedies - special.
(1) 
In the event of operation of a taxicab without a license, the Town shall be authorized to seek an injunction from a court of competent jurisdiction to prohibit further operation of taxicabs without a license by a person who has unlawfully operated taxicabs in the Town of Camden without a license.
A. 
Special purpose. The Town of Camden hereby adopts the following Victualers License Ordinance in order to regulate the sale of food or drink prepared for consumption on the premises by the public. The purpose of this chapter is also to protect the welfare, safety and health of the citizens of the Town of Camden and other members of the public who purchase food or drink in the Town.
B. 
Special authority. This chapter is enacted pursuant to, and in accordance with, the provisions of 30-A M.R.S.A. §§ 3812 and 3813 and the home rule authority granted to the Town in accordance with the provisions of 30-A M.R.S.A. § 3001. This chapter is intended to implement the provisions of 30-A M.R.S.A. §§ 3801 through 3823 concerning regulations regarding victualers' licenses in the Town of Camden.
C. 
Definitions and word usage. Any term or word in this chapter which is not defined in this section shall have a meaning consistent with the provisions of 30-A M.R.S.A. §§ 3801 through 3823.
INNKEEPER
Any person who keeps an inn, hotel or motel, or other lodging establishment to provide lodging to travelers and others for compensation.
LICENSE
A license issued pursuant to this chapter.
LICENSEE
Any person who maintains an unexpired license pursuant to this chapter.
LICENSING BOARD
The municipal officers of the Town.
PERSON
Any individual, person, firm, corporation, association, partnership or organization.
VICTUALER
Any person who serves food or drink prepared for consumption on the premises by the public.
D. 
Special application contents, criteria, and process.
(1) 
Applications for all victualer licenses shall be made, in writing, to the Select Board of the Town of Camden, and on applications prescribed by the Town, and shall be completed in its entirety. Incomplete or blank responses will be deemed as an incomplete application.
(2) 
Application must include a fee, as determined by the Select Board.
(3) 
Approval process and inspections by the Fire Chief or their designee and the Code Enforcement Officer per §§ 142-6 through 142-10.
(4) 
Criteria for issuance of a license. The Licensing Board shall, within 40 days of receiving a license application which is considered complete, issue a license to any applicant who demonstrates good moral character and who meets the following requirements:
(a) 
The applicant has not been convicted of a crime in the State of Maine or in any other jurisdiction which is punishable by one year or more imprisonment or for any other crime committed with the use of a dangerous weapon or of an offense involving the use of a firearm against another person within five years of the date of application.
(b) 
There is no formal charging instrument now pending against the applicant in the State of Maine or any other jurisdiction for a crime which is punishable by one year or more of imprisonment or for any other crime allegedly committed by the applicant with the use of a dangerous weapon or of an offense involving use of a firearm against another person.
(c) 
The applicant has not been adjudicated to be an incapacitated person pursuant to state law or, if such adjudication has occurred, that designation has been removed by order under 18-A M.R.S.A. § 5-307(b).[1]
[1]
Editor's Note: 18-A M.R.S.A. § 5-307 was repealed 9-1-2019 by Laws 2017, c. 402.
(d) 
The applicant has not been dishonorably discharged from the military forces within the past five years.
(e) 
The applicant has not been adjudicated as having committed a juvenile offense pursuant to the laws of the State of Maine or any jurisdiction within five years of the date of application.
(f) 
The applicant has not had three or more convictions for crimes punishable by less than one year imprisonment within five years of the date of the application.
(g) 
The applicant shall submit a copy of a current license issued by the Department of Human Services of the State of Maine for the provision of food or drink prepared for consumption on the premises by the public. In the event that the applicant has not received such a license, the Licensing Board is authorized to issue a conditional license contingent upon submission of satisfactory proof of a current license from the Department of Human Services within 90 days of the date of issuance of the conditional license.
(h) 
The applicant shall demonstrate to the Licensing Board that the applicant has adequate provision for storage and disposal of waste and garbage generated on the applicant's premises. Containers for the storage of garbage shall be covered. Such containers shall be located in a separate room or, if stored outside the applicant's premises, those containers shall be stored on a concrete or macadam base, or on a surface which is readily washable. Any containers located outside the applicant's premises shall have an enclosure around the containers which is no less than three feet in height in order to prevent entrance by dogs and other animals.
(i) 
All applicants operating establishments which cook food on the premises shall have a vent from the cooking area to the outside of the applicant's premises. The location of that vent shall not cause an unreasonable nuisance to any abutting property owner or to the public in consequence of fumes, grease, odor, smoke, or noise.
E. 
Special renewal process. To the extent authorized by law, the Town Manager is hereby authorized to act on behalf of the Select Board to approve renewal applications subject to the applicable application requirements of § 142-6 and satisfactory inspections by the Fire Chief or their designee and the Code Enforcement Officer.
F. 
Exemption. Notwithstanding the provisions of chapter, any nonprofit organization, for charitable causes, shall be exempt from the requirements of this chapter, except as otherwise stated in this section, to the extent that such organization offers food or drink for consumption by the public, for charitable causes, on no more than 12 occasions during each license year. For nonprofit organizations within the meaning of this exemption, the license fee shall be $1 for the license year, and the Licensing Board shall issue a license upon submission of certification from the nonprofit applicant that the applicant meets the criteria of § 142-28D(4)(a) through (d) of this chapter.
As may be allowed under 28-A M.R.S.A. § 221, for the purposes of designating an area in which a common consumption area may be located, the Town adopts what shall be known as an "Entertainment District" and a "common consumption area" within the Entertainment District.
A. 
The Entertainment District shall be known as the Harbor Entertainment District and comprises approximately 2.8 acres of land shown on the attached plan, which is a portion of Camden Tax Map 124, Lot 4.
B. 
The common consumption area shall be the entirety of the entertainment district.
C. 
No alcohol may be served by any licensed facility beyond the limits of the entertainment district's consumption area.
D. 
Hours of operation of a common consumption area within a district shall be from 11:00 a.m. to 12:00 midnight.
E. 
The maximum number of licensed premises operating within the entertainment district shall be six.