[HISTORY: Adopted by the City Council of
the City of Bangor as Ch. IV, Art. 2. Amendments noted where applicable.]
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.
A.
Form of application. The application shall be a written
statement upon forms provided by the City Clerk.
B.
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.
C.
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]
(1)
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.
(2)
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 Division 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.
A.
Upon receipt of the application, the City Clerk shall
inquire of such other departments as they 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 their 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]
B.
In the event of denial of the application, the City
Clerk shall give the applicant written notice of the reason or reasons
for their decision and shall make a finding of fact, in writing, sufficient
to apprise the applicant and any interested member of the public as
to the basis for their 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[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.
B.
The fees to be charged for such licenses and permits shall be as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.
[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; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
C.
The above fees shall be increased annually on July
1 of each year 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; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
[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.
A.
In addition, unless otherwise prohibited by law, there
must be an affirmative showing by the applicant that they comply with
the following:
(1)
The activity to be licensed or authorized is an authorized
use in the zone in which it is to be located or conducted;
(2)
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
(3)
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]
B.
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 Tax Collector or City Clerk. 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 Tax Collector 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 Tax Collector that the license or permit holder has failed to meet its obligations under the workout agreement concerned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 1-24-1994 by Ord. No. 94-66]
A.
Unless otherwise provided by law, all of the foregoing
licenses and permits shall expire 365 days from the date of issuance.
B.
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.
C.
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]
|
License or Permit
|
Period
(years)
|
Statutory, Private Act, or Code Reference
|
|---|---|---|
|
Beano license
|
3
| |
|
Games of chance license
|
3
| |
|
Automobile recycling
|
5
|
30-A M.R.S.A. § 3753
|
D.
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]
A.
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 their 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.
B.
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.
