[HISTORY: Adopted by the City Council of the City of Bangor as Ch. IV, Art. 2. Amendments noted where applicable.]
Fees — See Ch. 109.
It shall be unlawful for any person, either directly or indirectly, to conduct any business or activity or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license or permit is required under this chapter or any other regulation or ordinance of the City of Bangor or under any state statute within the boundaries of the City of Bangor without a license or permit therefor being first procured and kept in effect at all times as required by this chapter, any other ordinance of the City or by state statute.
Every person required to procure a license or permit under the provisions of this chapter, any other ordinance of the City or any state statute shall submit an application for such license or permit to the City Clerk.
Form of application. The application shall be a written statement upon forms provided by the City Clerk.
Contents of application. Each application shall state the name of the applicant, the permit(s) or license(s) desired, the location of the premises to be licensed or the activity to be authorized and any other information which the City Clerk may deem necessary for the proper administration of this chapter.
Special events. For a special event which is sponsored and conducted by a nonprofit or charitable organization, one temporary food service permit shall be obtained by said organization listing all food service vendors.
[Added 4-13-1998 by Ord. No. 98-137]
Food service vendors who are listed on the organization's temporary food service permit shall be covered by the permit and shall not be required to obtain an individual permit.
The temporary food service permit shall be valid for a maximum of 30 days per calendar year. The 30 days may be nonconsecutive; however, the Code Enforcement Office may require reinspection for events held on nonconsecutive days.
All administrative powers and authority vested in the City Council to grant or deny the license(s) and permit(s) required hereunder shall be delegated to the City Clerk.
Upon receipt of the application, the City Clerk shall inquire of such other departments as he or she may deem appropriate for comments as to whether a license may be granted consistently with the provisions of the laws and ordinances enforced by such departments. Unless delayed for reasons beyond his or her control, including but not limited to the failure of the applicant to provide all required information, the City Clerk shall act on the application within 30 days after receipt thereof.
[Amended 9-14-1998 by Ord. No. 98-339]
In the event of denial of the application, the City Clerk shall give the applicant written notice of the reason or reasons for his or her decision and shall make a finding of fact, in writing, sufficient to appraise the applicant and any interested member of the public as to the basis for his or her decision. A written record or copy thereof shall be kept by the Clerk and made available to any interested member of the public who may wish to review it as required under 1 M.R.S.A. § 407, Subsection 1.
[Amended 4-27-1987 by Ord. No. 87-142]
It is the intent and purpose of this section to establish fees which shall bear a reasonable relationship to the costs incurred by the City in the administration and enforcement of this chapter, other applicable City ordinances and state statutes.
The fees to be charged for such licenses and permits shall be as follows (increased by rounding off to the nearest dollar for computation purposes):
[Amended 4-24-1989 by Ord. No. 89-138; 3-26-1990 by Ord. No. 90-118; 10-22-1990 by Ord. No. 90-343; 10-27-1997 by Ord. No. 97-416; 9-14-1998 by Ord. No. 98-339; 5-9-2005 by Ord. No. 05-123; effective 3-1-2009; 7-1-2009; 7-1-2011; 7-1-2012; 1-14-2013 by Ord. No. 13-050; 7-1-2013; 7-8-2013 by Ord. No. 13-224; effective 7-1-2014]
The above fees shall be increased annually on July 1 of each year beginning in 1998 by a percentage equal to the percentage increase in the Federal Consumer Price Index - Urban (CPI-U) for the immediately preceding calendar year. Fees shall be rounded up to the next highest $1.
[Amended 1-24-1994 by Ord. No. 94-66; 9-14-1998 by Ord. No. 98-339]
[Amended 1-24-1994 by Ord. No. 94-66]
In determining whether to grant or deny a license or permit required hereunder, the City Clerk shall determine whether the applicant complies with all standards and criteria for the issuance of said license or permit as may be established by ordinance or statute.
In addition, unless otherwise prohibited by law, there must be an affirmative showing by the applicant that he or she complies with the following:
The activity to be licensed or authorized is an authorized use in the zone in which it is to be located or conducted;
The applicant has obtained all necessary approvals and permits under Chapter 165, Land Development, of the Code of the City of Bangor for the proposed activity; and
The applicant has paid all real estate and personal property taxes, sewer user fees and other debts owed to the city then currently due.
[Amended 12-28-1994 by Ord. No. 95-34]
A license or permit application shall not be denied under Subsection A(3) above where the applicant is a business with respect to which collection actions have been stayed or the underlying debt has been discharged by order of the United States Bankruptcy Court or where the underlying debt is the subject of an authorized, current workout agreement executed by the applicant and the City Finance Director or City Treasurer/Tax Collector. Workout agreements for this purpose must provide for payment in full of the underlying debt and all interest and other charges accruing thereon within 18 months or less from the agreement date. On request, the City Finance Director shall certify the existence and current status of any such workout agreement to the applicant and to the City Clerk. Except in bankruptcy cases, any license or permit issued on the basis of a workout agreement shall be revoked by the City Clerk upon certification by the City Finance Director that the license or permit holder has failed to meet its obligations under the workout agreement concerned.
[Amended 1-24-1994 by Ord. No. 94-66]
Unless otherwise provided by law, all of the foregoing licenses and permits shall expire 365 days from the date of issuance.
Subject to the requirements of § 85-5 above, any applicant operating a business following expiration of or without obtaining a license or permit required by this chapter shall, upon application, be granted the license or permit concerned, but such applicants shall pay all license and permit fees that would otherwise have been payable for the period the applicant operated its business without the required license or permit. Such fees shall be in addition to the annual fees paid by the applicant under § 85-4 above.
Notwithstanding Subsection A above, the following licenses and permits shall expire after a period of time from the date of issuance as follows:
[Added 12-10-2012 by Ord. No. 13-023; amended 1-14-2013 by Ord. No. 13-050]
Notwithstanding the period of the license or permit for automobile recycling, all automobile recycling facilities shall be inspected by the appropriate department(s) of the City annually on the anniversary date of the issuance of a license or permit.
[Added 1-14-2013 by Ord. No. 13-050]
The issuance or denial of any license or permit required hereunder may be appealed to the Finance Committee of the Bangor City Council by the applicant or by any other interested party within 10 days after the City Clerk renders his or her decision on the application. Notice of such appeal shall be filed, in writing, with the City Clerk and shall outline the grounds therefor. Upon receipt of such notice, the City Clerk shall immediately notify the Chair of the Finance Committee, who shall arrange for the appeal to be considered by the Committee within 14 days thereafter at a public hearing held at the next regular meeting of the Committee or at a special meeting called for that purpose.
Scope of review. On appeal, the Finance Committee shall review the decision of the City Clerk to determine whether the decision was based upon substantial evidence. The Committee may take additional evidence with respect to the City Clerk's decision and shall determine the appeal upon all the evidence.
A license or permit issued under this chapter may be suspended or revoked by the Finance Committee after written notice of the proposed suspension or revocation and the grounds therefor and after a hearing before the Committee. The hearing shall be conducted in the same manner as hearings on appeals under § 85-7 above.
Any decision by the Finance Committee under this chapter may be appealed to the City Council for de novo review. Such review shall be conducted in public session at a regular City Council meeting or at a special City Council meeting called for that purpose within 30 days of the appeal date. Following the City Council's review and action on the appeal, the decision of the Council may be appealed to the Superior Court pursuant to Rule 80B of the Maine Rules of Civil Procedure.
[Amended 1-24-1994 by Ord. No. 94-66]
All provisions of this chapter and applicable state statutes shall be enforced by the City Clerk. In the event that the Clerk determines that enforcement litigation is necessary, the Clerk shall refer the matter to the City Solicitor for assistance. The Clerk and the Solicitor are hereby authorized to commence all enforcement proceedings they deem necessary and to prosecute the same in the name of the City of Bangor without further act of the City Council. No enforcement action shall be filed by the City Solicitor with respect to a particular violation until the time for appeal under § 85-7 above has expired or while an appeal to the Finance Committee or City Council remains pending.
In addition to any action which may be taken by the City Clerk or the Finance Committee or the City Council with respect to the denial, suspension or revocation of a license, and unless otherwise provided by ordinance or statute, a violation of this chapter shall be a civil violation punishable by a fine of not less than $50 nor more than $500 for each offense. Each act of violation and every day upon which any such violation shall continue shall constitute a separate offense. All fines shall inure to the benefit of the City of Bangor.