[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 Town Manager shall have the authority to decide
if an establishment is exempt or not prior to application.
[Amended 5-8-2021 ATM by Art. 22]
A.
Renewals. The Board of Selectmen 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 Board of Selectmen 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 no later than
21 days prior to the first meeting of the Board of Selectmen in May,
annually. Failure to meet the annual renewal deadline shall necessitate
a new application.
[Amended 3-4-1991 by ATM Art. 16; 5-1-1995 by ATM 63; 5-8-2021 ATM by Art. 22]
B.
New applications. New applicants may apply at any
time during the year. The Board of Selectmen shall hold a public hearing
within 21 days of the receipt of any application deemed to be complete
by the Town Clerk.
[Amended 5-8-2021 ATM by Art. 22]
C.
Application form. All applicants, whether renewal
or new licenses, shall apply on a form as approved by the Board of
Selectmen.
[Amended 5-8-2021 ATM by Art. 22]
D.
Advertisement. All victualer license applications
shall be advertised by posting notices in two or more public places
and advertising in a local newspaper, in print and online, at least
seven days prior to said meeting.
[Amended 5-8-2021 ATM by Art. 22]
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; 5-8-2021 ATM by Art. 22]
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 decision to grant, table or revoke a license shall be made by a
majority of the Board of Selectmen present. The decision to grant
or revoke shall be signed by those members of the Board of Selectmen
present. The action taken by the Board of Selectmen shall be effective
immediately. The Town Clerk shall issue the license itself within
48 hours of receiving the application form signed by the Board of
Selectmen. If denied or revoked, the Board of Selectmen 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 Board
of Selectmen and prove to the Board's satisfaction that it is not
in violation of any municipal ordinance, including zoning,[1] or state or federal law, 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 Board of
Selectmen may deny any application which fails to meet these requirements.
[Amended 3-2-1992 by ATM Art. 56; 5-8-2021 ATM by Art. 22]
B.
Initial inspection. An establishment requesting a
license for the first time shall be inspected by the Code Enforcement
Officer prior to any action being taken on the license application.
[Amended 5-8-2021 ATM by Art. 22]
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 may result in
the denial of the license.
[Amended 5-8-2021 ATM by Art. 22]
D.
Health. An establishment licensed as a victualer and
providing for on-premises food consumption shall provide with its
renewal application a copy of its current licenses issued by all applicable
state agencies. A new application shall be granted by the Board of
Selectmen only under the condition that the victualer license becomes
effective after the state has had an on-site inspection and has issued
all applicable licenses.
[Amended 5-8-2021 ATM by Art. 22]
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. Mobile food vendors must submit a wastewater
disposal plan.
[Amended 5-8-2021 ATM by Art. 22]
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 animals.
[Amended 5-8-2021 ATM by Art. 22]
H.
Vents. An establishment which cooks food on the premises
shall have a vent from the cooking area to the outdoors whenever reasonably
possible. 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 5-8-2021 ATM by Art. 22]
[Amended 3-2-1992 by ATM Art. 55; 5-1-1995 by ATM Art. 63]
