Town of Kittery, ME
York County
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Table of Contents
Table of Contents
This chapter is known as the "Town Victualers, Innkeepers and Lodging House Ordinance" and referred to hereafter as "this chapter."
The purpose of this chapter is to control the issuance of licenses to the various food service establishments in the Town.
For the purposes of this chapter, the following definitions apply:
INNKEEPER
A person who keeps an inn, bed-and-breakfast establishment, hotel or motel to provide lodging to travelers and others for compensation.
LICENSING BOARD
The municipal officers of the Town of Kittery (the Town Council).[1]
LODGING HOUSE
A building in which three or more rooms are rented, but it does not include:
A. 
A house where lodgings are rented to persons within the second degree of kindred to the person operating the lodging house;
B. 
The dormitories of charitable, educational or philanthropic institutions; or
C. 
The emergency use of private dwelling houses at the time of conventions or similar public gatherings.
PREMISES
All lands, buildings, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
VICTUALER
A person who serves food or drink prepared for consumption on the premises by the public.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
No person may operate as a victualer or innkeeper or operate a lodging house within the Town unless licensed to do so by the Town, unless specifically waived by the Town. Applications for victualers' licenses are to be made in writing upon forms supplied by the Town Clerk and state the name of the applicant; his/her residence and mailing addresses; the name of the business to be conducted; his/her business address; the location(s) to be used; residence and business telephone numbers; and the date of the application. Upon receipt of the application, the Town Clerk shall refer the same to the Code Enforcement Officer for a determination to assure compliance with the ordinances, statutes and regulations of the Town of Kittery and State of Maine.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
A. 
The municipal officers shall hold a public hearing on any original application for a license for food service within 30 days of the date the request was received, at which time the testimony of the applicant and that of any interested members of the public is to be taken. The applicant must be notified of the hearing date.
B. 
The municipal officers are to grant a license unless they find that issuance of such license will be detrimental to the public health, safety or welfare or would be in violation of any Town or state ordinance, rules or regulations.
The municipal officers may, after a public hearing, suspend or revoke any license for noncompliance with the ordinances, statutes and regulations of the Town of Kittery and State of Maine.
Each person initially licensed as an innkeeper or victualer or to operate a lodging house must pay to the Town Clerk a fee as set out in Appendix A. All licenses, unless otherwise provided, are for 12 months' duration. The renewal fee of said victualer's license is as set out in Appendix A.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
[2]
Editor's Note: See § A-8.
The licensing board shall meet annually during the month of May on a date and at a time and place in the municipality that it determines. At least seven days before the meeting, the board must post notices stating the purpose of the meeting in at least two public places in the municipality.
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).