[HISTORY: Adopted by the Town of Boothbay Harbor 3-5-1979
as ATM Art. 42 (Art. 18 of the 1958 Ordinances). Amendments noted where applicable.]
The purpose of this chapter is to regulate the sale of prepared food.
The regulations are those which the Town Meeting and Board of Selectmen in
public meetings have clearly found to be necessary in order to protect the
general welfare, public safety and health of the Town of Boothbay Harbor and
its citizens.
[Amended 5-3-2004 by ATM Art. 72]
Any place or business where food or drink is prepared or served to the
public as a profit-making venture for consumption on or off the premises,
including but not limited to catering service, deli, outdoor facility, soda
fountain, bakery, sandwich shop, tourboat, movie theater, restaurant, motel
and hotel, shall be licensed annually as a victualer in order to operate within
or from the Town of Boothbay Harbor.
A.
A public or private school, public service organization,
private club, church organization, fire department or any other nonprofit
organization selling food or drink to raise money for a charitable cause shall
be exempt from the requirements of this license. Grocery stores, except those
selling food items prepared on the premises, shall be exempt. Establishments
selling food and drink only through vending machines shall also be exempt.
B.
The Licensing Board shall have the authority to decide
if an establishment is exempt or not.
A.
Renewals. The Licensing Board (Board of Selectmen, Treasurer
and Town Clerk shall, on the second Monday of May, annually, review all renewal
applications for the purpose of determining the status of the applicant's
previous conformance with this chapter and at such time make a decision as
to approve the renewal request; table the renewal request, setting a date
for the applicant to come before the Board to answer questions affecting the
consideration of the renewal request; or for reason(s) noted, disapprove the
request. Notice of such Licensing Board meeting shall be given in the manner
required by 30-A M.R.S.A. § 3812. Applicants for renewal shall submit
a completed application with fees on or before May 1, annually. Failure to
meet the May 1 renewal obligation shall constitute a new application.
[Amended 3-4-1991 by ATM Art. 16; 5-1-1995
by ATM 63]
B.
New applications. New applicants may apply at any time
during the year. The Licensing Board shall hold a public hearing within 21
days of the receipt of any new application.
C.
Application form. All applicants, whether renewal or
new licenses, shall apply on a form as approved by the Licensing Board.
D.
Advertisement. All victualer license applications shall
be advertised by posting notices in two or more public places and advertising
in a local newspaper at least seven days prior to said meeting.
E.
License term. A new license, when granted, shall be valid
until May 31 immediately following said granting of license; renewals shall
be valid until May 31 of the following year.
[Amended 3-7-1983 by ATM Art. 52; 3-4-1991
by ATM Art. 165-1-1995 by ATM 63; 6-13-2007
by STM Art. 19]
The annual fee for a new license or renewal of a license shall be as
specified in the Town Fee Schedule. The fee shall be paid to the Town Treasurer
of Boothbay Harbor upon application. A quorum of at least four members of
the Licensing Board must be present to act on any license. A decision to grant,
table or revoke a license shall be made by a majority of the Licensing Board
present. The decision to grant or revoke shall be signed by those members
of the Licensing Board present. The action taken by the Licensing Board shall
be effective immediately. The Town Clerk shall issue the license itself within
48 hours of receiving the application form signed by the Licensing Board.
If denied or revoked, the Licensing Board shall sign an order specifying the
reasons thereof, and said order shall be delivered to the applicant within
48 hours by a Constable of the Town of Boothbay Harbor. An establishment shall
at all times display its current victualers license in a place within the
establishment where it can readily be viewed by any member of the public.
[Amended 3-5-1984 by ATM Art. 23; 3-4-1991
by ATM Art. 16; 5-5-2003 by ATM Art. 20]
A.
Class A - Catering: for food prepared in Boothbay Harbor,
but not sold directly to the public in a licensed establishment. New application
fees and renewal fees shall be as set by the annual Fees Schedule approved
by the Board of Selectmen.
B.
Class B - Incidental: for food prepared and sold in a
retail outlet whose primary business, as evidenced by the proportional floor
space, is other than a victualer; no on-premises consumption. New application
fees and renewal fees shall be as set by the annual Fees Schedule approved
by the Board of Selectmen.
C.
Class C - Specialty: single item or related items sold
to the public: bakeries; ice cream shops, candy shops, etc.; on-premises consumption
for a maximum number of 10 persons. New application fees and renewal fees
shall be as set by the annual Fees Schedule approved by the Board of Selectmen.
D.
Class D - Take Out: cooked food sold for consumption
on or off-premises through an outlet open to the air. New application fees
and renewal fees shall be as set by the annual Fees Schedule approved by the
Board of Selectmen.
E.
Class E - cooked food prepared outside and consumed on
the premises. New application fees and renewal fees shall be as set by the
annual Fees Schedule approved by the Board of Selectmen.
F.
Class F - Limited: a facility serving breakfast, lunch,
or both, for on-premises consumption. New application fees and renewal fees
shall be as set by the annual Fees Schedule approved by the Board of Selectmen.
G.
Class G - Full: a facility serving breakfast, lunch and
dinner for on-premises consumption. New application fees and renewal fees
shall be as set by the annual Fees Schedule approved by the Board of Selectmen.
H.
Class H - Open: a facility serving at least one cooked
meal per day which is also licensed to serve malt, vinous or spiritous liquors
for on-premises consumption. New application fees and renewal fees shall be
as set by the annual Fees Schedule approved by the Board of Selectmen.
I.
Class I -- snack bars in movie theaters and bowling alleys.
New application fees and renewal fees shall be as set by the annual Fees Schedule
approved by the Board of Selectmen.
A.
Compliance certification. An establishment requesting
a victualers license or renewal of the same shall certify to the Licensing
Board and prove to said Board's satisfaction that it is not in violation
of any municipal ordinance, including Zoning,[1] or state or federal laws, statute or regulation. The applicant
shall also certify that all water charges by the water system, sewer fees
by the Sewer District and taxes assessed by the Town of Boothbay Harbor on
the establishment or equipment and fixtures contained therein are fully paid
as of the date of application. The Licensing Board shall deny any application
which fails to meet these requirements.
[Amended 3-2-1992 by ATM Art. 56]
B.
Initial inspection. An establishment requesting a license
for the first time shall be inspected by the Licensing Board prior to any
action being taken on the license application.
C.
Application form. An establishment shall apply for a
victualers license or renewal on a form designed for that purpose by the Town
of Boothbay Harbor. Failure of an applicant to fill out the form completely
or any misstatements on said form shall result in the denial of the license.
D.
Health. An establishment licensed as a victualer and
providing for on-premised food consumption shall provide with its renewal
application a copy of its current eating license issued by the Department
of Health and Welfare. A new application shall be granted by the Licensing
Board only under the condition that the victualer license becomes effective
after the Department of Health and Welfare has had an on-site inspection and
has issued an eating license.
E.
Toilets. Classes A thru D are not required to provide
public toilets. Classes E thru H shall provide at least one toilet facility.
Said toilet facilities may be for the exclusive use of the patrons of the
establishment, shall have one entrance, shall have a locking mechanism to
secure the door from within, shall include a sink with hot and cold running
water, shall be vented outdoors, shall contain a covered waste receptacle
and shall provide a means for drying hands.
[Amended 3-2-1992 by ATM Art. 57]
F.
Sewage. All classes of establishments, A through H, inclusive,
shall either be connected to the public sewer in Boothbay Harbor or have an
approved septic disposal system which is constructed and operated in conformance
with applicable state and local laws, ordinances and regulations.
G.
Garbage. All classes of establishments, A through H inclusive,
shall have a sufficient number of containers with tight fitting covers for
the storage and disposal of garbage generated. The covered containers shall
be stored either in a separate room or, if stored outside, shall be stored
on a concrete or macadam base or on a surface which is readily washable and
shall have an enclosure around them at least three feet in height and secured
against entrance by dogs.
H.
Vents. An establishment which cooks food on the premises
shall have a vent from the cooking area to the outdoors. The location of said
vent shall be such that it does not present an unreasonable nuisance to any
abutting property or to the public via fumes, grease, smell, heat, steam,
condensation, smoke or noise.
[Amended 3-2-1992 by ATM Art. 55; 5-1-1995
by ATM Art. 63]
