[HISTORY: Adopted by the City Council of
the City of Saco 11-24-1997; amended
in its entirety 12-7-1998. Amendments
noted where applicable.]
GENERAL REFERENCES
Cable television — See Ch. 78.
Entertainment — See Ch. 93.
Flea markets — See Ch. 104.
Massage establishments — See Ch. 138.
Mass gatherings — See Ch. 139.
Peddling and soliciting — See Ch. 156.
Petroleum products — See Ch. 159.
Taxicabs — See Ch. 195.
Towers and wreckers — See Ch. 200.
This chapter shall be known as "Saco Business
License and Registration."
A.
Over the last several years Saco has seen significant
growth in its population as well as the creation and development of
new commercial enterprises. The City is poised to expand its industrial
park, has pushed its Route 1 sewer line out towards the City's boundary
with Scarborough and has recently completed several important infrastructure
improvements, including the renovation of City Hall and the building
of a new police station.
B.
During this same time, commerce itself has changed,
particularly with the advancement of new, exciting technologies. The
old mill industries that dominated Saco's history and landscape have
passed, and in their place are new employers and a new business climate
dominated by many smaller entrepreneurial businesses producing new
products, and particularly providing new services. Many of these businesses
are not corporations registered with the state, and some operate via
telephone, computer line and modem, etc.
C.
These changes in Saco's business community can pose
problems for Saco's citizens. Businesses are created and can fail
rapidly. Often they can be difficult to locate in the event of a problem.
Agents for service of process may not exist. It is the
City's intent to assure that the public knows with whom it is dealing
when that business operates within the City of Saco and that each
business requiring one has received a license. These proposals are
advanced for the protection of the residents' health and welfare and
to promote stable, lawful business within the City.
A.
All businesses located within the City of Saco which
engage in, perform, conduct or otherwise participate in commerce of
any kind, and which are not otherwise exempt, must register with the
City.
B.
All businesses located or doing business within the
City of Saco which engage in, perform, conduct or otherwise promote
a specified business activity must secure a license from the City.
C.
A "specified business activity" means a trade, service, business, income-generating activity or craft, whether or not intended for profit, which is set out in § 132-13 as a regulated activity requiring a license from the City of Saco. Example: Operating a taxicab is a specific business activity requiring a license and compliance with the other conditions as set forth in Chapter 195.
D.
To "register" means to complete a business registration
form with the Clerk for identification purposes.
E.
The following entities are exempt from the requirements
of this chapter:
(1)
United States government agencies and departments.
(2)
United States Postal Service.
(3)
State of Maine agencies and departments.
(4)
Nonprofit and charitable entities.
(5)
Public schools, school administrative districts, school
unions and private schools.
(6)
Churches located within the City.
(7)
Any entity or individual not otherwise required to
file a federal tax return.
F.
The following are exempt from the registration fee
of this chapter but must still register and show proof of due licensing
by the State of Maine.
A.
No person or entity shall engage in, service, practice or operate any specified business activity without having obtained each and every license required herein and shall not operate any time that an applicable license has been suspended or after revocation as provided herein. Any person or entity which engages in, practices, fosters or operates a specified business activity without a license shall be subject to the fines set out in Subsection D below.
B.
No person or entity located within the City of Saco
shall engage in, perform, conduct or otherwise participate in any
business or trade without having registered with the City.
C.
Every registration and/or license shall be exhibited
in a conspicuous place on the premises, whenever the person or entity
is open to the public and/or engaged in business activity.
D.
The failure to display at all times a required license
and/or registration is a violation of this chapter. Upon discovering
that a business, person or entity has not displayed its license or
registration, the City by and through its departments and agents shall
notice the violation and request compliance with this chapter. If
the business, owner or person refuses to correct the violation or
repeats the violation after notice, then the business, owner or person
shall be subject to a fine of up to $100 for the first day of the
offense occurs, up to $200 for the second day, and up to $500 for
the third and subsequent days of the offenses, which fines shall be
received in a civil action by the City. The violator will also pay
the City Solicitor reasonable attorney fees.
[Amended 12-19-2005]
A.
All licenses shall be issued, denied, suspended or
revoked by the City Clerk ("the Clerk") except as expressly provided
in this Code.
B.
All registrations shall be taken, recorded and maintained
by the Clerk.
C.
In the absence of the City Clerk, the City Administrator
will assume all authority and responsibility of the Clerk as designated
herein.
A.
All registrations shall be made in writing on a form
provided by the Clerk. Each registration shall state the business
name, address, telephone number, fax number and e-mail and such additional
information as deemed necessary by the Clerk, including each map and
lot number from where the business shall operate.
B.
All license applications shall be made in writing
on a form provided by the Clerk. Each application shall state the
name and business address, telephone number, fax number and e-mail
of each applicant, the license desired, the date of the application,
including each map and lot number where the business shall operate,
and such additional information as may be deemed necessary in the
relevant specific chapter and useful by the Clerk in determining whether
such license applied for should be issued.
C.
Other papers.
(1)
If the applicant is other than a natural person, the
names and addresses of all principal officers and directors, as well
as the name and address of the agent for service of process, shall
accompany the original application.
(2)
A statement to the fact that no employee or officer
of the City is beneficially interested in the license.
(3)
Any organization claiming status as a bona fide nonprofit
organization shall furnish sufficient evidence of such status.
D.
Copies of all registrations and licenses shall, upon
completion, be transmitted to the Code Enforcement Officer for the
following purposes:
E.
The City of Saco will treat all licenses and registration
as public records under Maine law, except no social security numbers
or federal tax identification numbers, if collected, will be made
available to the public at any time, it being the express intent of
the City that such information be kept confidential.
[Amended 4-7-2003]
A.
The annual registration fee shall be established by
the City Council after a public hearing. Each year, registration holders
must renew their registration. The fee for such renewal shall be established
by the City Council after a public hearing. If a person, business
or other entity is engaged in a specified business activity which
requires a license, then that person or party shall only pay the license
fee described below but shall not be responsible for the registration
fee established by the City Council after a public hearing.
B.
Those fees required for a license shall be spelled
out in the chapter regulating the specified business activity, but,
if not set forth therein, then the fee per year is as established
by the City Council after a public hearing. Those parties who must
hold licenses will pay a fee as established by the City Council after
a public hearing to renew their license, unless the chapter regulating
such activity says otherwise, in which case that chapter shall control.
A.
Registration. The Clerk shall accept the registration
of a business on its face and maintain such registration as deemed
prudent.
B.
Licenses. Upon receipt of an application for any license
or a renewal of license, the Clerk shall inquire of other City departments,
as appropriate, for comments as to whether a license may be granted
consistently with the provisions of the laws and ordinances enforced
by such departments.
C.
The Clerk has discretion to determine, depending on
the specified business activity, which departments of the City must
review and comment upon the license application.
D.
Only upon satisfaction of the Clerk and after review
by any appropriate departments, and only upon full compliance with
any specific ordinance conditions set forth in the chapter regulating
the specified business activity, shall the Clerk issue a license.
E.
The Clerk shall complete his or her review promptly
and grant or deny a license within 21 days.
A.
Grounds. A license, registration or renewal of either
may be denied, suspended or revoked upon a determination of the existence
of one or more of the following grounds, provided that there be sufficient
and substantial incidents warranting denial, suspension or revocation:
(1)
Failure to fully complete the application forms; knowingly
making an incorrect statement of a material nature on such form; or
failure to supply any additional documentation required or reasonably
necessary to determine whether such license is issuable; or failure
to pay any fee required hereunder;
(2)
The business or persons on the premises of the business
have caused one or more significant breaches of the peace;
(3)
There is a clear danger to the public if the licensed
or registered activity is permitted;
(4)
The business or persons patronizing the business will
substantially and adversely affect the peace and quiet of the neighborhood,
whether or not residential;
(5)
The business, owner or entity has violated a provision
of this chapter or other ordinance of the City of Saco, including
its Zoning Ordinance;
(6)
The occurrence of any event subsequent to issuance
of the license or registration, which event would have been a basis
for denial of the registration or license, shall be grounds for revocation
thereof;
(7)
Real or personal property taxes or judgments to the
City of Saco are due and owing to the City and are determined to be
in arrears as of the date of the license request or registration;
(8)
The licensee has received more than one public complaint
filed with the Clerk; or
(9)
Such other acts or conduct found to be detrimental
to the citizens or community.
B.
Hearings.
(1)
Except as expressly provided in this chapter, no license
or registration may be revoked or suspended without prior notice to
the individual or entity, and after a hearing.
(2)
In the case of the suspension or revocation of a registration
license, a hearing shall be given to the individual or entity and
a generalized statement of the nature of the complaint constituting
the basis for the proposed action shall be included in the notice
of hearing. Failure of the individual or entity to appear at the hearing
shall be deemed a waiver of the rights to said hearing.
(3)
All suspensions or revocations shall be upon substantial
evidence, and all hearings shall be conducted with substantial fairness.
C.
Fairness. The Clerk shall not arbitrarily deny any
applicant a registration or license to practice or engage in a specified
business activity but must base their decision upon substantial and
credible evidence of one or more of the grounds described above, nor
shall the Council suspend or revoke a license except upon substantial
evidence of violations of the above standards.
D.
Complaints.
(1)
Any citizen or public official of the City can file
and/or initiate a complaint against a license holder or registered
business. Complaints will be kept and maintained by the City Clerk
and may be considered when and if a licensee seeks a renewal of their
license in the succeeding year.
A.
Procedure. An appeal to the City Council may be taken
by any person aggrieved by the denial, suspension or revocation of
a license by the Clerk by filing a notice of appeal within 30 days
of the decision. Every appeal should be in writing and shall state
the basis for the appeal. The City Council shall hear the appeal within
two weeks after the filing of the appeal and may affirm, reverse or
modify the decision appealed from.
B.
Scope of review. On appeal, the hearing officer shall
review the decision of the Clerk and determine whether the decision
was based upon substantial evidence and in compliance with the standards
of the applicable chapters. The hearing officer may take additional
evidence with respect to such decision or action and, if additional
testimony or evidence is taken, shall determine the appeal upon all
of the evidence, except as provided in this section.
C.
Status or operations pending municipal appeal. During
the pendency of an appeal to the City Council, the person, business
or entity aggrieved by the decision of the City Clerk may operate
without risk of fine if they have an existing registration or license
and the Clerk has suspended, revoked or denied a renewal of the registration
or license. However, if the person, business or entity has been denied
its initial license or registration, then any operation prior to a
decision by the City Council will be subject to the civil penalties
set forth herein.
D.
Appeal to the superior court. Any person aggrieved
by the decision on appeal may appeal to the Superior Court in accordance
with the provisions of Maine Rule of Civil Procedure 80B.
A.
Content. Whenever a hearing is required, the Clerk
shall give notice of the time and place of the hearing, the type of
license involved and the nature of the hearing and the address or
location of the property involved.
B.
Service. Except as expressly provided, whenever notice
by mail is required, such notice shall be mailed by regular United
States mail at least five days in advance of the hearing date.
A.
Registration. No registration may be transferred by
any person or entity to any other person or entity.
B.
License. No license may be transferred by the licensee
to any person, business or entity, nor shall any license fee be refunded
if the business activity is ceased prior to the expiration of the
license.
C.
Nature of transfer. In all cases arising out of this
section in which the Clerk, if required to determine the identity
or composition of or ownership interests in an applicant or licensee,
or to determine whether a transfer of an ownership interest in an
applicant or licensee has taken place, the Clerk shall look to the
substance rather than the form of transactions, and any person aggrieved
may appeal the Clerk's determination to the City Council.
The following is a list of business activities
that presently require a license from the City. A license applicant
shall follow and must meet the requirements in the applicable chapter.
Cable television — See Chapter
79.
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Entertainment — See Chapter 93.
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Flea Markets — See Chapter 104.
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Flea Market Vendors — See Chapter 104.
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Massage Parlors — See Chapter 138.
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Mass gatherings — See Chapter 139.
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Peddling — See Chapter 156.
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Petroleum sales — See Chapter 159.
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Taxicabs/Drivers — See Chapter 195.
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Towers and wreckers — See Chapter 200.
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