[HISTORY: Adopted by the City Council of
the City of Saco 12-21-1998. Amendments noted where applicable.]
GENERAL REFERENCES
License and registration — See Ch. 132.
A.
The City of Saco has historically regulated victualers
doing business within the City by licensing pursuant to specific legislative
authority found at 30-A M.R.A. § 3811 et seq. The State
of Maine Legislature recently repealed that part of 30-A M.R.S.A.
§ 3811 concerning victualers. The City Council believes
that given the necessity of protecting public health and safety, and
assuring public confidence in the sale of food, food stuff and food
products by local merchants, that it is prudent to enact a supplementary
licensing ordinance to regulate victualers.
B.
Therefore, pursuant to Saco's Home Rule authority
(see also 30-A M.R.S.A § 3001), as well as the inherent
police powers of the City to protect public health, safety and welfare
of its citizens, Saco enacts the following ordinance provisions.
A.
Any person, business, entity, corporation or association
who or which offers to sell, prepare, promote or otherwise provide
to the public any food, food stuff, food product or other edible materials
must first secure a license from the City Clerk to do so.
B.
Undertaking the sale, promotion or providing of materials described above in Subsection A without a license is a violation of this chapter punishable by a fine of $100 for each and every day such violation occurs. The City will treat each day as a separate violation, if additional and/or subsequent violations occur.
C.
This chapter applies to any person, business, entity, corporation, etc., who operates within the City of Saco and its boundaries unless exempted by § 219-2D. Full-time businesses, seasonal businesses, as well as short-term or one-time vendors must all secure victualer's licenses. The duration of operation is irrelevant to the obligation to secure a license.
[Amended 12-3-2012]
D.
Any public or private school; any booster group raising funds for
school activities or sports programs; any nonprofit organization selling
food or drink to raise funds for charitable causes, educational activities
or public agency programs; or any food sold only through vending machines
shall be exempt from the provisions of this chapter.
[Added 12-3-2012[1]]
[1]
Editor's Note: This amendment also redesignated former
Subsection D as Subsection E.
E.
Every person, business, entity, corporation, etc.,
which meets the applicability of this chapter is herein deemed to
require and need a license. The failure to secure a license and the
City's failure to detect such violation shall not constitute permissive
waiver of any obligation under this chapter by the City.
A.
Review by clerk. The clerk shall review all applications
for victualers' licenses. No license shall be granted by the clerk
until the applicant has satisfied the following conditions:
(1)
Completed all requests for information required by
the Clerk.
(2)
All personal property taxes are current and paid.
(3)
All other City fees or charges such as sewer user
fees, etc., are current and paid.
(4)
The applicant is operating, or proposes to operate,
in an area lawfully zoned for such activity.
(5)
Evidence that the victualer and/or facility will assure
the public health as concerns: Fire safety.
[Amended 12-3-2012]
(6)
The application will comply with the State of Maine Rules Relating
to the Administration of Establishments Licensed by the Eating and
Lodging Program 10-144 CMR 201 and the Maine Food Code, 10-144 CMR
200 and 01-CMR 331, as prepared and published by the Department of
Health and Human Services and as amended from time to time. Evidence
of compliance shall be in the form of a license issued to the applicant
pursuant to said rules.
[Amended 12-3-2012]
B.
Fee and license form. Only upon satisfaction of the
above conditions and only upon payment of the license fee established
by the City Council after a public hearing shall the Clerk issue a
license to the applicant. The fee, if the applicant sells beer and
wine, and if the applicant serves alcohol other than beer and wine
shall be established by the City Council after a public hearing. The
license shall state the legal name of the person, business or entity
licensed; the address of their place of business; telephone number;
term of license; and a license number. The form of the license shall
be uniform among license holders and shall be determined by the Clerk.
[Amended 4-7-2003]
C.
Standards for denial. If the Clerk finds substantial and credible evidence that one or more of the above conditions (Subsection A above) have not been met by the applicant, then the Clerk shall deny the applicant a license. However, the applicant may request a re-review after an initial denial of license. If the applicant subsequently corrects, abates, meets or otherwise satisfies the above conditions, the Clerk shall then issue the applicant a victualer's license. Under all circumstances, the Clerk shall provide to the applicant all material supporting the decision to deny a license.
[Amended 12-3-2012]
A.
Grounds. A victualer's license may be suspended or
revoked upon a determination of the existence of one or more of the
following grounds, provided that there are serious and substantial
incidents warranting suspension or revocation:
(1)
Knowingly making an incorrect or false statement of
a material nature on the application 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 license holder has caused or suffered more than
one serious breach of the peace on the premises;
(3)
The business or persons patronizing the business present
a clear danger to the public;
(4)
The license holder has willfully violated a provision
of this chapter or other ordinance of the City of Saco;
(5)
Personal property taxes or sewer user, access or hook-up
fees are due and owing to the City and are determined to be in arrears
as of the date of the license request;
(6)
The license holder has repeatedly violated and/or
failed to correct and comply with the standards set forth in the State
of Maine Food Code, 10-144 CMR 200 and 01-CMR 331.
[Amended 12-3-2012[1]]
[1]
Editor's Note: This amendment also repealed former Subsection
A(7), regarding a license holder with two or more violations of license
conditions, and Subsection A(8), regarding garbage or other health
and safety risks, which subsections immediately and respectively followed
this subsection.
B.
Complaints. Any citizen or public official of the
City can file and/or initiate a complaint against a license holder.
Complaints will be kept and maintained by the Clerk and may be considered
when and if a license seeks a renewal of their license in a succeeding
year.
C.
Standards for suspension or revocation. If the Clerk
finds substantial and credible evidence that one or more of the conditions
described in § 219-A have been met, then the Clerk shall
notice the license holder of the problem, and they shall have seven
days to correct or abate the situation. If the license holder has
failed to correct or abate the problems cited by the City, then the
Clerk shall suspend the license. The Clerk shall provide all materials
supporting the decision to the aggrieved party.
[Amended 12-3-2012]
A.
Expiration. All licenses shall expire May 31 of each
calendar year.
B.
Renewals. License holders may renew their licenses each year but must reapply to the Clerk per § 219-3. The applicant seeking renewal must meet all of the qualifying conditions set forth in §§ 219-3 and 219-6. In processing applications, the Clerk shall give precedence to license renewals over the issuance of new licenses.
[Amended 12-3-2012]
A license holder must abide by the State of Maine Rules Relating
to the Administration of Establishments Licensed by the Eating and
Lodging Program 10-144 CMR 201 and the Maine Food Code, 10-144 CMR
200 and 01-CMR 331.
A.
Time period. 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.
Evidence. On appeal, the Council shall review the
decision of the Clerk to determine whether the decision was based
upon substantial evidence and compliance with the standards of the
chapter. The Council 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 presented.
C.
Appeal from City Council. Any person aggrieved by
the Council's decision on appeal may appeal to the Superior Court
in accordance with the provisions of Maine Rule of Civil Procedure
80B.
A.
Assignment. A victualer's license may not be assigned,
pledged, sold or otherwise transferred by the license holder to any
other person, business or entity. The license belongs solely to the
original applicant and shall remain in the applicant's name for the
duration of the license.
B.
If any person, business or entity transfers or attempts to transfer their license, such act shall result in immediate termination of the license. Any sale, promotion or providing of any materials described in § 219-2 thereafter will be a violation of this chapter punishable by a fine of $100 per day.
Those persons, businesses, corporations or entities who or which require a victualer's license pursuant to this chapter need not secure a business registration as required under Chapter 132 of this chapter. A license issued pursuant to this chapter shall constitute registration as required by Chapter 132, and compliance with the terms of this chapter shall constitute compliance with the terms of Chapter 132.
