[HISTORY: Adopted by the Town Council of
the Town of Standish 3-14-1989 by Order No. 33-88.
Amendments noted where applicable.]
Any person required by the provisions of this
chapter to obtain from the Town a license to engage in the operation,
conduct or carrying on of any trade, profession, business or privilege
or to commence, proceed or continue to perform any act shall make
a written application therefor to the Town Clerk upon forms provided
by the Town Clerk and shall state facts as may be required. Applications
shall be accompanied by the required fee, which shall be returned
if the license or permit is not issued.
[Amended 7-14-1992 by Order No. 96-92; 8-8-1995 by Order No.
68-95; 7-12-2005 by Order No. 69-05]
As agent of the Town Council, the Town Clerk
is hereby authorized and directed to receive all applications required
by this chapter unless otherwise specified. All applications for any
license or permit shall be placed on the agenda for action by the
Town Council unless otherwise specified, with the exception of bottle
club licenses, liquor licenses, tavern keeper, lodging house and innkeeper
licenses, junkyard permits, special amusement permits, coin-operated
device permits and bowling alley and pool room licenses, all of which
shall require a public hearing. All other permits and licenses may
be issued by the Town Clerk, subject to limitations on his/her authority.
Hearing dates for all license and permit applications, initial and
renewal, shall be advertised a single time in a local newspaper unless
current state law requires additional advertisement.
The authority of the Town Clerk to issue licenses
and permits is hereby limited as follows:
A.
Agent of Council. The Town Clerk acts as agent of
the Town Council.
B.
Council reservation. In accordance with Title 30-A
M.R.S.A., and any other title of the Maine Revised Statutes Annotated,
which constitutes the Town Council as the licensing authority board,
the Town Council, acting as the licensing authority of the Town of
Standish, authorizes and directs the Town Clerk as its agent to issue
all licenses and permits, after public hearing where necessary, required
to be issued by the Maine Revised Statutes Annotated, or by the ordinances
of the Town of Standish where the applicant for such licenses or permits
satisfies the Town Clerk that all of the requirements of the statutes
or ordinances affecting such application and all recommendations required
by such statutes and ordinances from the department heads or their
agents are returned to the Town Clerk with a favorable recommendation
for the issuance of such permits or licenses. Where required recommendations
are not favorable or where all the requirements of the statutes or
ordinances have not been met, the Town Clerk shall deny the application,
which action may be appealed to the Council within 40 days of denial.
[Amended 8-13-1991 by Order No. 65-91]
(1)
The Town Clerk shall, upon making a denial, immediately
notify the Council of the denial.
(2)
The applicant may apply, in writing, to the Town Clerk
for a hearing upon the denial as herein provided for. Upon receipt
of such request, the Council shall set the matter for hearing before
it at a date not more than 40 days from the receipt of the request
for appeal.
(3)
The applicant at the hearing herein provided for shall
have the opportunity to be represented by counsel and present evidence
in his/her behalf. The Town Clerk or any agent of the Town shall have
a like opportunity to present evidence in support of the Town's position
for denial.
(4)
The Council, acting as a licensing authority, shall
make its decision to deny the license or permit or to modify the same
upon such terms and conditions as are within its authority as the
licensing authority.
(5)
In making its determination, the licensing authority
shall determine the following:
(6)
In matters in which the licensing authority has discretion,
it shall make its requirements for the license or permit understandable
to the applicant.
C.
Approval. In all instances where the approval(s) of
any Town official or officer is required as a condition precedent
to the issuance of any license or permit, the Town Clerk shall notify
promptly such officer(s) or official(s), and such license or permit
shall not be issued until and unless all required approvals, are received,
as evidenced by signatures on the application.
Any license or permit issued under the licensing
authority of the Town of Standish may be revoked or suspended as follows,
unless otherwise required by statute.
A.
Suspension and notification. The Town Manager shall,
after receipt of a notice in writing from any department head or Town
employee charged with the issuing, supervision, monitoring, inspection
or otherwise of any licensee that such license is in violation of
any requirement of statute, ordinance, code, rule or regulation respecting
such license, without hearing, suspend any licenses granted by the
licensing authority as herein provided for a period of five days by
means of a written notice of suspension delivered to the licensee
or his or its agent in hand by an agent of the Town of Standish. Such
notice shall inform the licensee of the appeal procedure of such suspension.
The suspension herein provided shall become a permanent suspension
unless the licensee makes his/her appeal to the licensing authority
within said five-day period. Commencing on the sixth day, the licensee
may continue to operate, pending the appeal.
[Amended 7-12-2005 by Order No. 69-05]
B.
Council notification. The Town Manager, upon such
suspension, shall immediately notify the Council of such suspension.
C.
Hearing. The licensee or permittee may apply, in writing,
to the Town Clerk for a hearing upon the suspension herein provided
for. Upon receipt of such application for hearing, the Council shall
set the matter for hearing before it at a date no more than 40 days
from the date of the receipt of the application for reinstatement.
D.
Evidence. The applicant for reinstatement at the hearing
herein provided for shall have the opportunity to be represented by
counsel and present evidence in his/her behalf. The Town Manager or
any agent of the Town shall have a like opportunity to present evidence
in support of the Town's position for suspension or revocation.
E.
Council decision. The Council, acting as the licensing
authority, will make its decision to continue the suspension or revocation
or modify the same upon such terms and conditions as it deems just,
so long as such terms and conditions are within its authority as the
licensing authority.
F.
Determining factors. In making its determination,
the Council shall determine the following:
G.
In matters in which the licensing authority has discretion,
it shall make its requirement for reinstatement specific and understandable
to the licensee or permittee.
Except as otherwise provided by ordinances or
by statutes, the term of all licenses shall be for a period of one
year, unless the license indicates a lesser period, and shall expire
on the 31st day of May.
No license or permit issued under this chapter
shall be transferable. When a business or enterprise is transferred
to a new owner, its license shall immediately terminate, and, unless
otherwise provided by statutes or ordinances, the new owner shall
be required to apply for a new license under the terms of this chapter.
The costs for advertising for all licenses shall
be paid by the applicant.
No person shall engage in the trade or business
of auctioneer in the Town of Standish unless such person shall have
an auctioneer license as provided for in Title 32 M.R.S.A.
[Amended 7-14-1992 by Order No. 96-92; 7-12-2005 by Order No.
69-05]
No person shall conduct, maintain or operate
any place open to the public for bowling or for playing pool or billiards
or for a shooting gallery without first obtaining a license. No such
license shall be granted except upon the approval of the Town Manager,
the Code Enforcement Officer and the Fire Chief. Licenses shall be
granted in accordance with and subject to the requirements of Title
8 M.R.S.A. Such licenses shall expire on the first day of May of each
year unless sooner revoked.
[Amended 1-8-2008 by Order No. 140-07]
No person shall store any type of explosive
material without first obtaining a permit, in writing, from the Fire
Chief for and on behalf of the Town Council. All storage shall be
in accordance with and subject to the requirements of Title 25 M.R.S.A.
Such permit is conditioned to hold the Town of Standish harmless from
all loss, costs, damage or expense by reason of the storage, sale
or use of said explosives. The Fire Chief may revoke the permit for
cause.
[Amended 8-8-1995 by Order No. 68-95]
A.
The Town Council shall hold public hearings for the
consideration of initial applications for on-premises liquor licenses
and applications for the transfer of location of existing on-premises
licenses in accordance with Title 28-A M.R.S.A.
B.
Notice of public hearings for liquor license renewal
applications, stating the name and place of the hearing, shall, at
the applicant's prepaid expense, appear for one day before the date
of hearing in a daily newspaper having general circulation in the
municipality, in accordance with Title 28-A M.R.S.A.
A.
Any person engaging in the business of preparing and
selling any food commonly consumed by persons, either on the premises
or off the premises, shall be designated a "common victualler" for
the purpose of this chapter and shall obtain a license therefor. The
term "common victualler" shall include persons engaged in the restaurant,
bakery, sandwich and delicatessen business. No such license shall
be granted except upon certification of the Health Officer, Code Enforcement
Officer, Town Manager and Fire Chief.
[Amended 7-14-1992 by Order No. 96-92; 7-12-2005 by Order No.
69-05]
B.
Charitable, religious and nonprofit organizations
shall be exempt from the licensing required by this section.
[Amended 8-13-1991 by Order No. 65-91]
No person shall operate any hotel, motel, inn,
boardinghouse, tavern, bed-and-breakfast or lodging house without
first obtaining a license from the Town of Standish in accordance
with Title 30-A M.R.S.A.
A.
No person shall wear or carry any concealed weapon
without first obtaining a concealed weapons permit from the Town Council
or its designee in accordance with the provisions of 25 M.R.S.A. §§ 2001
through 2006.
[Amended 8-13-1991 by Order No. 65-91; 7-14-1992 by Order No.
96-92]
Any resident of the Town of Standish may conduct
a temporary sale of his/her household goods from his/her place of
residence.
A.
No person shall offer for sale any consumer merchandise,
other than at his/her residence or place of business, without first
obtaining a license from the Town Clerk. For the purpose of this section,
a person shall be considered to have a place of business in any parking
lot, mall or lot upon written permission signed by the owner of such,
provided that the area is located in a district under the Standish
Land Use Ordinance[1] wherein the business is a permitted use and has met all
Planning Board criteria for that use in that district.
[Amended 1-8-2008 by Order No. 140-07]
B.
Exceptions. No license shall be required of persons
selling by lists, order forms, catalogs or otherwise consumer merchandise
for future delivery. Charitable, religious and nonprofit organizations
shall be exempt from the license required by this section.
C.
Compliance with state laws. Before any person is licensed
under this section, such person must show proof of compliance with
the state laws on transient sales, if applicable.
D.
Expiration. Such license shall expire on the first
day of April of each year.
E.
Violations and penalties. Any person, firm or corporation
who or which shall in any manner violate the provisions of this section
shall, on conviction thereof be punished by a fine of not less than
$50 nor more than $100 plus costs of prosecution for each offense.
Each day of violation shall constitute a separate offense for purposes
of prosecution of violations of this section.
[Amended 1-8-2008 by Order No. 140-07]
[Amended 8-13-1991 by Order No. 65-91; 7-14-1992 by Order No.
96-92; 12-8-1992 by Order No. 186-92]
A.
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 Title 28, M.R.S.A.
B.
DANCER
ENTERTAINMENT
EXOTIC DANCING
LICENSEE
PREMISES
TUMULTUOUS CONDUCT
Definitions. The following definitions are provided
for the purpose of this section:
A person, other than a patron, under the licensee's control
and dancing on the licensee's premises to entertain patrons.
Includes any amusement, performance, exhibition or diversion
for patrons or customers of the licensed premises, whether provided
by professional entertainers or by the full-time or part-time employees
of the licensed premises whose incidental duties include activities
with an entertainment value.
The appearance of a person or persons, under the licensee's
control, other than a patron, and on the licensee's premises, in such
a manner or attire as to expose to view any portion of the pubic area,
anus, buttocks, vulva or genitals or any simulation thereof, or when
any female appears on a licensee's premises in such a manner or attire
as to expose to view any portion of the breast referred to as the
areola, nipple or simulation thereof.
Includes the holder of a license issued under the alcoholic
beverages statutes of the State of Maine, or any person, firm, partnership,
association, corporation or other legal entity, or any agent or employee
of any such licensee.
All parts of the contiguous real estate occupied by a licensee
over which the licensee has direct or indirect control or interest,
which the licensee uses in the operation of the licensed business
and which have been approved by the Maine State Liquor Commission
and/or the Town of Standish as proper places for the exercise of the
license privilege.
Conduct of such a nature and magnitude as to require or to
cause the involvement of law enforcement authority.[1]
C.
Permit required.
(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, or any entertainment of any
sort unless the licensee shall have first obtained from the municipality
in which the licensed premises are situated a special amusement permit
signed by at least a majority of the Town Council members.
(2)
Applications for all special amusement permits shall
be made in writing to the municipal officers and shall state the name
of the applicant; his/her residence and address; the name of the business
to be conducted; his/her business address; the location to be used;
whether the applicant has ever had a license to conduct the business
therein described either denied or revoked and, if so, the applicant
shall describe those circumstances specifically; whether the applicant,
including all partners or corporate officers, has ever been convicted
of a felony and, if so, the applicant shall describe specifically
those circumstances; and any additional information as may be needed
by the municipal officers in the issuing of the permit, including
but not limited to a copy of the applicant's current liquor license.
(3)
No permit shall be used for any thing or act or premises
if the premises and building to be used for the purposes do not fully
comply with all ordinances, articles, bylaws or rules and regulations
of the municipality.
(4)
Municipal officers shall, prior to granting a permit
and after reasonable notice to the municipality and the applicant,
hold a public hearing within 30 days of the date that the request
was received, at which the testimony of the applicant and that of
any interested members of the public shall be taken.
(5)
The municipal officers shall grant a permit unless
they find issuance of the permit would be detrimental to the public
health, safety or welfare or would violate municipal ordinances, rules
and regulations, articles or bylaws.
(6)
A permit shall be valid for only the license year
of the applicant's existing liquor license.
(7)
The fee for a special amusement permit shall be nonrefundable
and paid when application is made for said permit. The amount of said
fee shall be set forth by order of the Town Council.
(8)
A licensee as defined in the Maine Revised Statutes
who has been issued a special amusement permit may charge admission
in designated areas approved in said permit.
D.
Hearing.
(1)
The Town Council shall, prior to granting a permit
and after reasonable notice to the municipality and the applicant,
hold a public hearing, at which hearing the testimony of the applicant
and that of any interested members of the public shall be taken.
(2)
The Town Council shall grant a permit unless they
find that issuance of the permit would be detrimental to the public
health, safety or welfare or would violate municipal ordinances, codes
and/or resolutions. The permit may be granted subject to such conditions
and restrictions as the Council may deem necessary.
(3)
A permit shall be valid only for the license year
of the applicant's existing liquor license.
E.
Inspections.
(1)
Whenever inspections of the premises used for or in
connection with the operation of a licensed business which has obtained
a special amusement permit fare are provided for or required by ordinance
or state law or are reasonably necessary to secure compliance with
any ordinance provisions, state law or municipal rules and regulations,
it shall be the duty of the licensee or the persons in charge of the
premises to be inspected to admit any officer, official, or employee
of the municipality authorized to make the inspection at any reasonable
time that admission is requested.
(2)
Whenever analysis of any commodity or material is
reasonably necessary to secure conformance with any ordinance provision
or state law, it shall be the duty of the licensee or the person in
charge of the premises to give to any authorized officer, official
or employee of the municipality the same sufficient samples of the
material or commodity for analysis.
(3)
In addition to any other penalty which may be provided,
the municipal officers may revoke the special amusement permit of
any licensee in the municipality who refuses to permit any such officer,
official or employee while in the performance of his/her duty. However,
no license or special amusement permit shall be revoked unless written
demand for the inspection or sample is made upon the licensee or person
in charge of the premises seven days prior to the time it is sought
to make the inspection.
F.
Suspension or revocation of a permit. The municipal
officers may, after public hearing preceded by notice published in
a local newspaper of general circulation at least seven days prior
to the date of the hearing, suspend or revoke any special amusement
permits which have been issued under these rules and regulations on
the grounds that the music, dancing or entertainment so permitted
constitutes a detriment to the public health, safety or welfare or
violates any municipal ordinances, articles, bylaws or rules and regulations.
G.
Standards. The municipal officers hereby adopt the
following standards for the issuance of a special amusement permit
and for the suspension or revocation of such permits. These standards
shall determine whether the issuance of a permit or continued activity
under an already existing permit would be detrimental to the public
health, safety or welfare or would violate municipal ordinances, rules
and regulations, articles or bylaws.
(1)
The permitted activities under a special amusement
permit shall cease no later than 1:00 a.m. It shall be deemed detrimental
to the public safety or welfare for entertainment of the type requiring
a special amusement permit to occur between the hours of 1:00 a.m.
and 7:00 a.m. New Year's Eve hours shall be extended to 2:00 a.m.
(2)
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.
(3)
Operation of an establishment by a licensee for a
permit hereunder shall in no event result in a line or crowd outside
the entrance of the establishment containing more than five patrons
or prospective patrons of the establishment.
(4)
Incidents of tumultuous conduct shall be grounds for the suspension or revocation of a permit following notice and hearing, and subject to the procedures of Subsection F of these rules and regulations. The licensee of the permit hereunder shall not permit tumultuous conduct in his/her 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 considered prima facia evidence that tumultuous conduct has occurred which shall be grounds for suspension of the permit following notice and hearing as prescribed herein.
(5)
An instance of tumultuous conduct involving more than
five people shall constitute riotous conduct. One such incidence of
riotous conduct shall constitute grounds for suspension of the permit
following notice and hearing and shall be prima facia evidence of
a condition detrimental to the public health, safety or welfare of
the community.
(6)
Unnecessary noise as defined herein constitutes a
detriment to the public health, safety or welfare. More than three
complaints of unnecessary noise shall cause the municipal officers
to consider revocation or suspension of the permit following notice
and hearing as prescribed herein.
H.
Rules and regulations.
(2)
Regulations for permitted dancing. The following regulations
apply to any and all entertainment for which a special amusement permit
is sought or issued where such entertainment includes a dancer or
dancers as defined in this section.
(a)
No dancer shall dance in the premises except
on a raised platform intended for that purpose which is raised at
least two feet from the floor.
(b)
No dancer shall dance closer than 10 feet to
any patron.
(c)
There shall be no fondling, mingling or caressing
on the premises between any patron and any dancer with the intent
to sexually arouse or excite a patron's sexual desire.
(d)
No patron shall directly pay or give any gratuity
to any dancer, and no dancer shall solicit any pay or gratuity from
any patron.
(e)
The licensee shall provide on the premises a
separate dressing room and toilet facilities for use by dancers only.
(f)
Dancers on the premises who remove any outer
garments shall not toss or throw those outer garments at or in the
direction of patrons.
(g)
The licensee shall, at his own expense, post
a security guard at each entrance and exit to the premises during
each performance.
(h)
No one under 21 years of age shall be permitted
on the premises or portion of the premises where a performance by
dancers is conducted during any such performance.
(i)
Any premises upon which entertainment including
a dancer or dancers is proposed to be conducted shall be located at
least 500 feet from any church, school, park, other facility holding
a special amusement license under this section and which provides
dancers as defined in this section or any area for which residential
uses are either a permitted use or a conditional use under the Zoning
Ordinance[2] of the Town of Standish, Maine.
(j)
An applicant for a special amusement permit
for entertainment including a dancer or dancers must demonstrate that
at the time of permit application and during the duration of the permit,
the applicant will have available during the hours that such entertainment
is provided one parking space for each three persons the premises
is capable of accommodating plus two parking spaces for each three
employees, including the dancer or dancers who are on the premises
to provide such entertainment.
(k)
There shall be no graphic evidence on the exterior
of any facility licensed under this section of the dancers, either
live or simulated, requiring the licensee, if necessary, to blackout
windows or install curtains to prevent viewing of the dancers from
the outside, provided that nothing in this subsection shall prohibit
the establishment from advertising by words the nature of the entertainment.
(3)
Regulations generally applicable. The following regulations
apply to any and all music, dancing and entertainment for which a
special amusement permit is sought or issued.
(a)
All music, dancing and/or entertainment subject
to regulation under this section, on the premises, shall end no later
than 12:00 midnight.
(b)
The maximum permissible noise limits are as contained in Chapter 206, Noise.
[Amended 4-13-2010 by Order No. 115-08]
(c)
The music, dancing and/or entertainment on the
premises shall comply with all applicable law.
(4)
The Town Council is hereby authorized, after public
notice and hearing, to establish additional written rules and regulations
governing the issuance, suspension and revocation of special amusement
permits, the classes of permits, the music, dancing or entertainment
permitted under each class and other limitations on these activities
required to protect the public health, safety and welfare. The rules
and regulations may specifically determine the location and size of
permitted premises, the facilities that may be required for the permitted
activities on those premises and the hours during which the permitted
activities are permitted. Such rules and regulations shall be additional
to and consistent with all sections of this chapter.
I.
Violations and penalties. Anyone found guilty of violating
any provision of this section shall be subject to a fine of not less
than $50 nor more than $2,500 in addition to such equitable relief
as is necessary to ensure compliance with the terms of this section.
Each day such violation continues shall be deemed to be a new offense.
J.
Permit and appeal procedures.
(1)
Any licensee requesting a special amusement permit
from the municipal officers shall be notified in writing of their
decision no later than 40 days from the date the request was received.
In the event that a licensee is denied a permit, the licensee shall
be provided with the reasons for the denial in writing. The licensee
may not reapply for a permit within 30 days after an application for
a permit has been denied.
(2)
Any licensee who has requested a permit and has been
denied or whose permit has been revoked or suspended may, within 30
days of the denial, suspension or revocation, appeal the decision
to the Municipal Board of Appeals as defined in 30 M.R.S.A. § 2411.
The Municipal Board of Appeals may grant or 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 on a preponderance of the evidence on
a violation of any ordinance, article, bylaw, rule or regulation of
the municipality.
K.
Admission charges. A licensed hotel, Class A restaurant,
Class A tavern or restaurant malt liquor licensee who has been issued
a special amusement permit may charge admission in designated areas
approved by the municipal special amusement permit.
A.
No person shall conduct or operate any exhibition,
performance, carnival, circus or show at which an admission fee is
charged without first obtaining a license therefor approved by the
Town Council. No such license shall be granted except upon certification
of the Town Manager, the Fire Chief and the Health Officer. Either
the Town Manager or the Fire Chief, or both, may condition a certificate
of approval upon the presence of one or more members of the Law Enforcement
or Fire Department or some person or persons satisfactory to and under
the direction of said Fire Chief or Town Manager, in which event such
expense shall be reported to the Town Clerk as part of the certificate
and shall be collected by the Town Clerk prior to the issuance of
a license.
[Amended 7-14-1992 by Order No. 96-92; 7-12-2005 by Order No.
69-05]
B.
This section shall not apply to events conducted by
local governmental or school authorities or organizations or by local
nonprofit organizations. However, a deposit sufficient to pay for
additional police and/or fire protection required for such events
will be left with the Town Clerk in advance.
[Amended 7-14-1992 by Order No. 96-92; 7-12-2005 by Order No.
69-05]
No person, firm or corporation shall operate
an indoor or outdoor theater with live, filmed, electrical or electronic
presentations without first obtaining a license therefor. No license
shall be granted except on certification of the Town Manager, the
Code Enforcement Officer, the Fire Chief and the Health Officer.
A.
The location and operation of coin-operated amusement
devices in or on any premises or location within the Town of Standish
shall be regulated pursuant to 8 M.R.S.A. § 441 et seq.
No license shall be granted to any person under the age of 18 nor
to any firm, corporation or association whose officers are under said
age.
B.
COIN-OPERATED AMUSEMENT DEVICE
As used in this section, the following terms shall
have the meanings indicated:
Includes all of those machines, whether mechanical or electronic,
which, upon insertion of a coin, slug, token plate or disk, or compensation
in lieu of the above, may be operated by the public generally at a
public premises for the use as a game, entertainment or amusement.
C.
Licenses. It shall be unlawful for any person, firm,
corporation or association to keep for public patronage or to permit
or allow the operation of any coin-operated amusement device in or
on any public premises or location under his/her or its charge, control
or custody without having first obtained a license therefor from the
Clerk of the Town of Standish. Such license shall expire on June 30
of each year.
D.
Conditions of license.
(1)
The Clerk shall not issue such license until authorized
by the municipal officers following a public hearing on the establishment
of said coin-operated amusement device location. Such hearing shall
be held within 30 days of the receipt of such license application,
and authorization or denial by said officers shall be by written decision
stating the reasons therefor. At the public hearing, the municipal
officers shall receive testimony and take evidence as to the good
moral character of the applicant.
(2)
Proof of good moral character shall include general
testimony of the applicant's reputation in the community and the results
of a records check to be conducted by the law enforcement agency and
included in a report to the municipal officers. Any plans the applicant
may have in regard to supervision of said premises to prevent vandalism
and other potential property damage or personal injury shall be considered
in this regard in granting the license.
[Amended 7-14-1992 by Order No. 96-92]
E.
License specifics. The license required by this section
shall be posted securely and conspicuously on the premises for which
it is granted. The Town Clerk shall forward a copy to the local Law
Enforcement Department after issuance. Said license shall not be transferable
to any other person, firm, corporation or association or from location
to location and shall be valid only at the location and for the person,
firm, corporation or association designated thereon.
[Amended 7-14-1992 by Order No. 96-92]
F.
Revocation of license. Any such license issued herein
may be revoked by the Town Clerk after hearing before the municipal
officers when any of the following violations are found:
(1)
There are more machines located on the premises than
are permitted in the license application.
(2)
Any of the specific requirements of this section have
been violated and/or cease to be true.
(3)
When it has been established to the satisfaction of
the municipal officers that the premises for which said license was
granted has ceased to be a proper location due to the creation of
a public nuisance at said premises.
G.
Appeal. The decision of the municipal officers as
carried out by the Clerk may be appealed to the Superior Court within
30 days from the rendering of said decision.
[Amended 8-3-1991 by Order No. 65-91]
H.
Violations and penalties. Any person or firm or, in
the case of a corporation or association, any official thereof violating
any of the provisions of this section shall, upon conviction, be punished
by a fine not exceeding $25 for each offense, and each day such violation
exists shall constitute a separate offense.
A.
License required. No person, firm or corporation shall
keep, maintain, operate, lease or otherwise furnish, either to its
members and guests or to the general public, any premises, building,
apartment or place for use as a bottle club without first obtaining
a license and paying the fee therefor.
B.
Exemption. Notwithstanding any other provisions of
this section, a bona fide nonprofit, charitable, educational, political,
civic, recreational, fraternal, patriotic or religious organization
shall not be subject to the provisions of this section.
C.
BOTTLE CLUB
OFFICER
PERSON
Definitions. The following definitions are provided
for purposes of this section:
An establishment where no alcoholic beverages are sold, but
where members or guests provide their own alcoholic beverages, paying
a fee or other consideration for admission to the bottle club and/or
for setups.
Any officer, director, stockholder, owner, manager or person
who either has a financial interest of any nature in a bottle club
or directs any policy of a bottle club.
Any individual, person, firm, corporation, association, partnership
or organization.
D.
Application information. In addition to the standard
license application form, an applicant for a bottle club license shall
submit attested copies of the articles of incorporation and bylaws,
if the applicant is a corporation, or articles of association and
bylaws, if the applicant is an association, as well as a list of all
officers of the bottle club and their places of residence at the present
time and the immediately preceding three years.
E.
Qualifications of officers.
(1)
All officers of the bottle club shall meet the following
qualifications: never convicted of a Class A, B or C crime nor of
violating any of the gambling or prohibitive liquor laws either of
the United States or of the State of Maine or any other state within
the five years immediately preceding the date of application.
(2)
Each such officer shall file the release authorized
by 16 M.R.S.A. 620(6), Criminal History Record Information Act, with
the application. Failure to provide such a release shall be a ground
for denial of the application.
F.
Description of the premises. Every application for
a bottle club license shall include in the application a description
of the premises for which a license is desired and shall set forth
such material information, description or plan of that part of the
premises where it is proposed to consume or keep liquor.
G.
Compliance with municipal codes. Upon application
for a bottle club license, the Code Enforcement Officer and Fire Chief
shall inspect the premises for compliance with all applicable state
and municipal building and fire codes.
H.
Notification of property owners. All property owners
within 500 feet of the bottle club shall be notified, in writing,
of the public hearing at least 14 days prior to such hearing.
[Added 6-13-1989 by Order No. 26-89]
I.
Proximity to schools and churches. No new bottle club
license shall be granted under this chapter to premises situated within
300 feet of a public or private school, school dormitory, church,
chapel or parish house in existence at the time such new license is
applied for, except such premises as were in use as bottle clubs on
the effective date of this chapter. The three-hundred-foot distance
shall be measured from the main entrance of the school, school dormitory,
church, chapel or parish house by the ordinary course of travel.
J.
Minors. No person under the age of 21 years shall
be permitted in or on that part of the premises subject to the control
of any bottle club where persons are permitted to drink alcoholic
beverages.
[Amended 1-8-2008 by Order No. 140-07]
K.
Hours of operation. The premises used as a bottle
club shall be closed and vacated by members and guests each day from
1:00 a.m. to 8:00 a.m., except that on January 1 the premises may
remain open until 2:00 a.m. During the hours that a bottle club must
remain closed, no member, guests or other persons, other than regular
employees, may be on the premises or remain therein.
[Amended 8-13-1991 by Order No. 65-91;1-8-2008 by Order No. 140-07]
L.
Entrance to be marked. The entrance to every club
shall be plainly marked "Bottle Club, Members and Guests Only."
M.
Illegal activities. No licensee shall knowingly permit
any illegal activities to take place on the licensed premises.
N.
Right of inspection. The applicant or licensee, his
agents and employees shall allow access by the Code Enforcement Officer,
Fire Chief and any law enforcement officer, or their designated assistants
or agents, for the purposes of inspecting the premises and ensuring
that no violation of this chapter or any law is taking place.
O.
Violations and penalties. In addition to any action
which the municipal officers may take, a violation of any provision
of this section shall be a civil violation, and a fine not exceeding
$500 may be imposed. Each day that a violation continues will be treated
as a separate offense.[1]
[1]
Editor's Note: The Licenses and Permits Fee
Schedule, which originally immediately followed this section, is on
file in the office of the Town Clerk.
[Added 11-12-2008]
A.
Purpose. The purpose of these rules and regulations
is to address the adverse effect to the general health and safety
of the community that may result from large crowds which attend outdoor
events, including exhibitions, festivals, music concerts and fairs.
Large gatherings may lead to sanitation problems, resulting from inadequate
waste disposal, insufficient drinking water and ill-equipped first
aid facilities; such gatherings may also threaten the safety of the
community through the obstruction of roads, violations of liquor and
drug laws, and destruction of property. Further, large gatherings
that occur within a short period of time create traffic congestion,
crowd control, health, sanitation and safety problems which are greater
than those which accompany gatherings which occur over a longer duration.
Therefore, the following section is hereby ordained for the purposes
of protecting the general welfare, preventing disease, promoting health
and providing for public safety.
B.
Definitions. The following definitions are furnished
for the purposes of this section:
(1)
LARGE OUTDOOR EVENT -- Any gathering held outdoors
with the intent to attract 500 or more persons for a festival, exhibition,
amusement show, fair, theatrical performance, musical performance
or other similar activity. Large outdoor events are regulated when
the event is expected to attract a continued attendance of 500 or
more persons for any length of time.
(2)
TOWN -- The Town of Standish.
(3)
TOWN COUNCIL -- The Town Council of the Town of Standish.
(4)
PERSON -- Any natural person, sole proprietorship,
partnership, corporation or other entity.
(5)
OPERATOR -- The person responsible for the large outdoor
event.
(6)
PERFORMANCE GUARANTY -- An irrevocable letter of credit
from a banking institution authorized to do business in Maine, cash
escrow, or other financial guarantee acceptable to the Town Council
and in a form approved by the Town Attorney, provided by an applicant
for a large outdoor event license to guarantee the payment of the
costs of the prompt cleaning of the grounds after the close of the
large outdoor event; and the law enforcement, fire, rescue and public
works costs for traffic control, public safety, first aid, fire prevention
and law enforcement activities performed by the Town as a result of
the large outdoor event (the "public costs). These public costs shall
be those costs incurred by the Town in connection with the proposed
large outdoor event which would not be incurred by the Town if the
large outdoor event were not held. Promptly following the large outdoor
event, the Town shall release the performance guaranty if the operator
pays all such public costs within 10 working days after the large
outdoor event.
(7)
ASSEMBLY AREA -- That portion of the premises on which
the large outdoor event is held within which persons in attendance
are expected to sit or stand.
(8)
EXEMPT
EVENTS -- This section shall not apply to mass gatherings as defined
herein that are organized, conducted, sponsored and/or authorized
by public educational institutions located within the Town of Standish
and held on the grounds thereof. No application or approval shall
be required; however, the sponsor shall provide notification to the
Town Clerk at least 60 days in advance of the event regarding the
scheduling of the same and proof of its sponsorship and/or authorization
from an appropriate public education institution.
[Added 1-10-2012 by Order
No. 125-11]
C.
Permit required.
(1)
No person may sponsor, promote, operate or hold any
large outdoor event unless a license therefor is first obtained from
the Town Council of Standish.
(2)
The licensing procedure will be administered in the
following manner:
(a)
The person(s) seeking a license must file an
application form with the Town Clerk of the Town of Standish no less
than 120 days before the proposed commencement of the large outdoor
event.
(b)
The fee for the license shall be established
by order of the Town Council and must accompany the application. Money
received under this section will help defray costs of its administration.
The Town Council may, at its discretion, reduce or waive the fee for
charitable and nonprofit organizations.
(c)
The application, filed with the Town Clerk,
must include a contract with the property owner allowing use of the
facility or property, unless the property or facility is owned by
the applicant.
(d)
Within five days of the receipt of an application,
the Town Clerk shall notify the Town Manager, law enforcement and
the Director of Public Safety of the application.
(e)
Before a license may be issued hereunder, the
Town Council shall hold a public hearing, in order to review the application
and determine the conditions required to safeguard the public health,
safety and welfare. The license applicants have the right to attend
and to represent their interests at such hearing. When considering
the issuance of a license for a large outdoor event, the Town Council
may seek advice from law enforcement, public safety, the Code Enforcement
Officer, and such other Town officials as it deems necessary. After
assessing the possible effects that the proposed event may have on
the public's health, safety and welfare, the Town Council may deny
the license or grant the license, or grant the license and impose
such reasonable conditions on the issuance of a license as would safeguard
the public interest and quality of life, including requiring the applicant
to:
[1]
Post a performance guaranty in a form acceptable to the Town Attorney in an amount estimated by the Town Council to be equal to the public costs described in Subsection B(6) of this section.
[2]
Agree to hiring of certified police officers,
and rescue and fire personnel at the expense of the licensee. Law
enforcement and public safety will be notified no less than 45 days
before the proposed event that the personnel will be needed;
[3]
Demonstrate, by means of a written, descriptive
plan addressing the standards of this section, that adequate facilities
will be provided at the site of the large outdoor event, in order
to protect the health of the people who attend, including:
[4]
Give notice to the appropriate Town, county
and state officials, as named by the Town Council;
[5]
Demonstrate, by means of a written descriptive
plan, that adequate parking spaces will be available;
[6]
Provide a detailed plan showing how crowd security
and police protection of private property will be accomplished;
[7]
Provide a detailed plan for controlling traffic,
which shall contain:
[a]
A description of routes which persons
attending are likely to take;
[b]
Methods to be used to publicize
alternative routes;
[c]
The number of persons who will
be present to direct traffic at the site both before and after the
event and their locations; and
[d]
A description of what means will
be available to remove disabled vehicles from locations under the
control of the operator where such vehicles would prevent the free
flow of traffic.
[8]
Provide a contract with a waste disposal company
to remove waste from the site.
D.
License standards. In reviewing large outdoor event
license applications submitted pursuant to this section, the Town
Council shall determine whether to issue a license based upon whether
the application meets all of the following standards:
(1)
Access: that convenient and safe access for the ingress
and egress of pedestrian and vehicular traffic exists, and that all
public roadways in the proximity of the large outdoor event shall
be adequately staffed with uniformed police officers to ensure safety
to all the public.
(2)
Grounds:
(a)
That each large outdoor event assembly area
shall be well drained and so arranged to provide sufficient space
for persons assembled, vehicles, sanitary facilities, and appurtenant
equipment.
(b)
That trees, underbrush, large rocks and other
natural features shall be left intact and undisturbed whenever possible,
and the natural vegetative cover shall be retained, protected, and
maintained so as to facilitate drainage, prevent erosion, and preserve
the scenic attributes.
(c)
That the grounds shall be maintained free from
accumulation of refuse and from health and safety hazards constituting
a nuisance as defined.
(d)
That illumination shall be provided at night
beginning 1/2 hour before sunset to protect the safety of the persons
at the large outdoor event. The assembly area shall be adequately
lighted, but lighting shall not unreasonably reflect beyond the assembly
area boundaries unless adjacent properties are uninhabited.
(e)
That parking shall be provided for persons arriving
by vehicular means; that service roads and parking spaces shall be
located so as to permit convenient and safe movement of vehicular
and pedestrian traffic and free passage of emergency vehicles; that
the width of the service road should not be less than the following:
one traffic lane, 12 feet; two traffic lanes, 24 feet; parallel parking
lanes, seven feet; that adequate parking space shall be provided,
which means that there shall be at least one parking space to every
three persons, and the density shall not exceed 100 passenger cars
or 30 buses per usable acre.
(f)
That at least 10 square feet per person shall
be provided on the site for a large outdoor event with assigned seating;
that at least 15 square feet shall be provided for a large outdoor
event with festival seating; and that no overnight assemblage shall
be permitted.
E.
Water supply.
(1)
An adequate, safe supply of potable water, meeting
the requirements of the State Department of Health and Human Services,
Division of Health Engineering, shall be provided, and common cups
shall not be used.
(2)
Transported water shall be obtained from an approved
source, stored and dispensed in an approved manner. "Approval," as
used in this subsection, means in compliance with standards adopted
by the State Department of Health and Human Services, Division of
Health Engineering.
F.
Sanitation.
(1)
Where water is distributed under pressure and flush
toilets are used, the water system shall deliver water at a nominal
operating pressure (20 pounds per square inch minimum to all fixtures
at the rate of at least 30 gallons per person per day).
(2)
When water is not available under pressure and non-water-carriage
toilets are used, at least three gallons of water per person per day
shall be provided for drinking and lavatory purposes.
(3)
Where water under pressure is not available, equivalent
facilities shall be provided and installed in accordance with the
requirements of the Department of Health and Human Services, Bureau
of Health, Mass Gathering Rules and Informational Guidelines.
(4)
Sanitary facilities shall be separate for males and
females, and shall be provided at the rate of one for each 200 persons.
Any other proposal for providing sanitary facilities must be in accordance
with the requirements of the Department of Health and Human Services,
Bureau of Health, Mass Gathering Rules and Informational Guidelines.
(5)
The required sanitary facilities shall be conveniently
accessible and well defined.
(6)
Each toilet shall have a continuous supply of toilet
paper.
(7)
Service buildings or rooms housing required plumbing
fixtures shall be constructed of easily cleanable, nonabsorbent materials;
the buildings, service rooms, and required plumbing fixtures located
therein shall be maintained in good repair and in a clean and sanitary
condition.
(8)
Separate service buildings or rooms containing sanitary
facilities, clearly marked, shall be provided for each sex, and each
toilet room shall be screened so that the interior is not visible
from the outside.
(9)
Wastewater shall be discharged in a manner consistent
with the requirements of the State Department of Health and Human
Services, Division of Health Engineering.
(10)
Disposal and/or treatment of any excretion or
liquid waste shall be in a manner consistent with the requirements
of the State Department of Health and Human Services, Division of
Health Engineering.
G.
Refuse disposal.
(1)
Refuse shall be collected, stored, and transported
in such a manner as to protect from odor, infestation of insects and/or
rodents any and other nuisance condition, or conditions which are
inconsistent with the health, safety, and welfare of the patrons of
the large outdoor event or of the public.
(2)
Refuse containers shall be readily accessible, and
one fifty-gallon refuse container or its equivalent shall be provided
for each 100 persons anticipated, or one sixteen-cubic-yard trash
container shall be provided for every 5,000 persons anticipated. All
trash barrels shall be lined with plastic bags.
(3)
The area where motor vehicles are parked shall have
one fifty-gallon refuse container or its equivalent for every 200
such motor vehicles.
(4)
All refuse shall be collected from the assembly area
at least twice each twelve-hour period of the large outdoor event,
with a minimum of two such collections per large outdoor event exceeding
six hours, or more if it is necessary, and disposed of at a waste
disposal site approved by the Town.
(5)
The grounds and immediate surrounding property shall
be cleared of refuse within 24 hours following the large outdoor event.
H.
Vermin control. Insects, rodents and other vermin
shall be controlled by proper sanitation practices, extermination
or other safe and effective control methods; where necessary, animal
parasites and other disease-transmitting nuisances shall be controlled.
I.
Safety.
(1)
Where an electrical system is installed, it shall
be installed and maintained in accordance with the provisions of the
applicable state standards and regulations and the Town's Electrical
Codes.
(2)
The grounds, building, and related facilities shall
be maintained and used in a manner as to prevent fire and in accordance
with the applicable local fire prevention regulations.
(3)
Internal and external traffic and security control
shall meet requirements of the applicable state and local law enforcement
agencies.
(4)
The Town of Standish Public Safety Department has
been informed of the large outdoor event and adequate fire protection
equipment is available.
(5)
For large outdoor events, at least one law enforcement
officer per 1,000 persons expected to attend the large outdoor event
shall be on site to assist in crowd and traffic control, and for major
large outdoor events, there shall be a minimum ratio of five officers
for every 2,000 additional persons beyond 5,000 persons in attendance.
J.
Medical.
(1)
Emergency medical services shall be provided. All
personnel must be Standish Fire/EMS personnel and/or approved by the
Director of Public Safety and they shall be licensed by the State
of Maine, as a physician assistant, R.N., or emergency medical technician.
(2)
A first aid building or tent with adequate medical
supplies shall be available.
(3)
An adequate number of vehicles duly licensed by the
State of Maine as ambulances shall be available on the site during
the complete time of the large outdoor event.
(4)
Telephone and radio communications shall be provided
and kept available for emergency purposes.
(5)
The Director of Public Safety shall determine the
number of EMT personnel and ambulances needed.
K.
Noise. No large outdoor event shall continue beyond
11:00 p.m.
L.
Waivers. The Town Council may, in its discretion,
waive any of the requirements under this section if it finds the requirement
of information or materials with the application is unnecessary or
irrelevant to the review of a particular mass gathering permit application.
M.
Enforcement; penalty; assignability. The Town of Standish
shall enforce this section through its Code Enforcement Officer. Anyone
violating any provision of this section shall be subject to a fine
in an amount to be set per order of Town Council for each violation.
Each day such violation continues shall constitute a separate offense.
Licenses issued hereunder shall not be transferable or assignable.
[Added 6-4-2019 by Order
No. 30-19]
A.
MOBILE FOOD SERVICE UNIT or MFSU
Definitions. As used in this section, the following term shall have
the meaning indicated:
Includes only a food service establishment that has all utilities
and facilities contained within it, other than a power source, that
has no fixed location, and that provides edible goods to be primarily
consumed immediately.
B.
License.
[Amended 12-12-2023 by Order No. 61-23]
(1)
No person, firm, corporation, association or other entity shall operate as a MFSU in Standish without first securing a license under this section, unless exempt under § 187-25(B)(2). Any person seeking such a license shall annually make application to the Town Clerk on a form provided by the Code Enforcement Officer (CEO). Upon receipt of application by the Town Clerk, s/he shall refer it to the CEO, who shall review the application for completeness based on the requirements set forth herein and then, if the application is complete, the CEO shall review the application on its merits and recommend approval, approval with conditions, or denial of the license. The CEO shall put said recommendation in writing to the Town Clerk. The Town Clerk, as agent pursuant to § 187-2 of this chapter, shall issue the license without the necessity of a public hearing and based upon the recommendation of the CEO. Any license issued shall be for a term of one year and shall expire on May 31 of each year. License fees shall not be prorated. In the event that an applicant is denied a license, the applicant shall be provided with the reasons for the denial in writing.
(2)
No
local license is required for a mobile food service unit that is:
(a)
Rented, leased, or otherwise retained for the purpose of operating
at a one-time event, no more than 15 hours in duration, that is to
be held entirely on private land. No more than one such event can
be held on a single lot or parcel of land in any given calendar year;
(b)
Operating as part of a mass gathering event that has received a permit as set forth in § 187-24; or
(c)
Operating as part of a Town-organized event.
C.
Application. The application shall be on a form provided by the CEO
and shall require the applicant to furnish the following information:
[Amended 12-12-2023 by Order No. 61-23]
(1)
The name, address and telephone number of the owner;
(2)
The name, address and telephone number of the operator if different
from the owner;
(3)
Identification of sites where MFSU will operate;
(4)
If operating on private land, a signed permission form, or notarized
affidavit, from the private property owner evidencing authority for
unit placement; and a sketch of the area where the MSFU will be operating
showing parking areas and site access;
(5)
Valid current vehicle/trailer registration of MFSU;
(7)
A photograph of the MFSU;
(8)
A mobile eating place license issued by the Department of Health
and Human Services of the State of Maine; and
(9)
An appropriate release executed by the applicant granting all persons
and governmental agencies having information relevant to the above
items permission to release the same to the CEO.
D.
Operating requirements for licensed MFSU.
[Amended 12-12-2023 by Order No. 61-23]
(1)
A licensee under this section shall be authorized to sell and dispense
only those items that the MFSU is equipped to dispense pursuant to
the rules adopted by the Maine Department of Health and Human Services,
as they may be amended from time to time. MFSU licenses shall be issued
for the sale of food items only, and those food items shall be primarily
intended to be consumed at the time of purchase.
(2)
A mobile food service vendor may operate only on land that is owned
by the operator, land which he/she/it has written permission to use,
or Town-owned land as outlined § 187-25(H). If the mobile
food service vendor is to be operated on private land that is not
owned by the operator, a copy of the written permission to use the
land of another property owner must be submitted to the CEO along
with the original application on such forms as the Town shall require.
(3)
Mobile food service vendor license applicants proposing to operate
on private land must demonstrate to the CEO that there is sufficient
access, parking and maneuvering space available at the site on which
the mobile food service vendor will operate. The location and adequacy
of approaches shall be first reviewed by the CEO. Suitable, safe access
by pedestrians must also be provided.
(4)
Mobile food service vendors and any mobile food service vendor ancillary
facilities, such as parking, shall be located at least 10 feet from
the nearest edge of the roadway surface and 10 feet from the adjacent
side lot lines, unless written approval is received from the abutter
to locate less than 10 feet from the side lot line.
(5)
The approved MFSU registration sticker/placard issued by the Town
of Standish must be conspicuously displayed on the unit. This sticker/placard
is nontransferable.
(6)
The MFSU will be subject to inspection upon license application through
the CEO, the Health Officer and the Fire Department, and may be subject
to random inspections during the license term and upon renewal of
the license.
(7)
Mobile food service vendor signs. Mobile food service vendors must comply with the Town of Standish sign regulations as set forth in Chapter 181, Land Use.
(8)
Hours of operation shall be from 8:30 a.m. to 8:30 p.m. The MFSU
shall be removed from the site and relocated in a safe and suitable
place between the hours of 9:00 p.m. and 7:00 a.m.
E.
Rubbish containers required. A sufficient number of covered rubbish
containers shall be provided at each site immediately adjacent to
the MFSU to hold material discarded by customers. In no case shall
such containers be more than 10 feet from the unit. A licensee shall
keep sidewalks, roadways and other public or private spaces adjoining
and adjacent to the MFSU's location clean and free from paper and
refuse of other kind that may be generated by the operation of the
unit.
F.
Insurance required. Mobile food service vendors shall provide, at
their own cost and expense, and keep in full force and effect during
the term of their license, with a responsible insurance company or
companies authorized to do business in the State of Maine, commercial
general liability insurance in the amount of at least $400,000. The
mobile food service vendor shall deliver certificates of such insurance
to the Town at the time of application.
G.
Grounds for suspension or revocation. A license granted under the authority of this section may be suspended or revoked pursuant to the procedures set forth in § 187-4 of this chapter by the CEO. It shall be grounds for suspension or revocation of the license if it is determined by the CEO that the licensee has violated any provision of this section, any other applicable ordinance of the Town, or any condition of the license granted to licensee. It shall be grounds for suspension or revocation of the license if, for any period during of the term of the Town-issued license, the licensee's mobile eating place license issued by the Department of Health and Human Services is suspended or revoked.
H.
MFSUs licensed under this section may operate at the following Town-owned
lands:
[Added 12-12-2023 by Order
No. 61-23]
(1)
Memorial Park, 670 Ossipee Trail West.
|
The Town Council may grant a MFSU permission to operate on other
Town-owned land subject to the issuance of a license by the Town Clerk
as outlined in this chapter and subject to any conditions as may be
determined by the Town Council to be in the best interests of the
Town.
|
I.
Rules for operation on town-owned lands:
[Added 12-12-2023 by Order
No. 61-23]
(1)
MFSUs may park in any available legal parking spot within the areas
listed in § 187-25(H), with no more than one MFSU per parking
lot. Mobile food service units may take one additional parking spot
to accommodate a lineup area.
(2)
Access to MFSU locations on Town-owned lands, other than may be permitted
through a Town-approved event, is on a "first come, first served"
basis. There will be no designated parking spots for MFSU vendors.
(3)
Customer lineup areas may not extend into walkways or roads at any
location.
(4)
Parks and Recreation Department staff and Code Enforcement officials
and inspectors shall have the authority to request a MFSU to relocate
if, in their opinion, the MFSU is causing or contributing to an imminent
public safety hazard or is impeding normal use of the property.
(5)
During any Town-sanctioned event taking place on the same property,
such as, but not limited to, league use of athletic fields, MFSUs
may only operate in the permitted area with the permission of the
event organizer. The event organizer may make such permission subject
to certain conditions, including, without limitation, the payment
of fees to operate in the permitted area.
(6)
Size limitations: Mobile food service units parking in parking spaces
on Town-owned land must not exceed 10 feet in width, including any
side extensions, and must not exceed 20 feet in length, including
the length of any trailer hitch, trailer, or other extension.
(7)
Only food and/or non-alcoholic beverages are allowed to be sold on
Town-owned land.
