1-201.10(B)(93) "Regulatory authority" means
the local, state or federal authority having jurisdiction over the
food establishment. The local regulatory authority means the Code
Enforcement Division of the City of Bangor.
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8-301 Licenses
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8-301.11
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License required. No person, corporation, firm
or copartnership may conduct, control, manage or operate for compensation,
directly or indirectly, any eating establishment, eating and lodging
establishment or lodging place unless the same shall be licensed by
the City of Bangor. Licenses issued must be displayed in a place readily
visible to customers or other persons using a licensed establishment.
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8-301.12
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Any person, corporation, firm or copartnership
desiring a license shall submit satisfactory evidence of his, her
or its ability to comply with the minimum standards of these rules,
which may include documenting the adequacy of any private wastewater
disposal system and/or the quality of the water supply.
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8-301.13
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Each application for, or renewal of, an annual
license to operate an eating establishment, eating and lodging place
or lodging place shall be submitted with the appropriate fee to the
City Clerk of the City of Bangor. No such fee may be refunded. No
license may be assignable or transferable.
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8-301.14
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8-302 Issuance of licenses
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8-302.21
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New licenses. When any applicant is found, based
upon inspection by the Division or by the Department of Health and
Human Services, not in compliance with the requirements of departmental
regulations, the Division may refuse issuance of the initial license
but shall issue a conditional license for up to 90 days, except when
conditions are found which present a serious danger to the health
and safety of the public. Failure by the conditional licensee to meet
the conditions specified by the Division shall permit the Division
to void the conditional license.
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8-302.22
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Renewal of licenses. The Division shall, within
30 days of receipt of application by the City Clerk and the prescribed
fee, issue an annual license to operate any eating establishment,
eating and lodging place or lodging place which is found to comply
with the rules and regulations of the Division.
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8-302.23
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The issuance of the license does not provide
exemption from any other state or local laws, ordinances or regulations,
notwithstanding any other provision of the law.
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8-303.24
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Licenses erroneously issued by the Division
are void and shall be returned to the City Clerk on demand in a notice
delivered by hand or by certified mail to the licensee. For cause,
the Division may revoke or suspend any license.
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8-703 Suspension or revocation; appeals
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8-703.10
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Licenses may be temporarily suspended or revoked after hearing by the Code Enforcement Officer upon determination of a violation by the Code Enforcement Officer or their duly authorized representatives of the terms of these rules. Any applicant for or holder of a license may appeal any action of the Code Enforcement Officer to the Board of Appeals in accordance with the provisions of Chapter 23, Article I, Board of Appeals.
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8-703.11
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Further appeals may be taken from any action
of the Code Enforcement Officer or the Board of Appeals to the Superior
Court in accordance with the Maine Rules of Civil Procedure, Rule
80B.
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8-704.10 Civil Penalties. The requirements
of 30-A M.R.S.A. § 4452 shall apply to the determination
of penalties for violations of these rules. The minimum penalty for
a specific violation of these rules shall be $100 and the maximum
penalty shall be $2,500; provided, however, that the maximum penalty
may exceed $2,500 but shall not exceed $25,000 when it can be shown
that there has been a previous conviction of the same party within
the past two years for violation of the same rule provision.
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