[Adopted 4-11-1977 as
§ 6.2 of the 1977 Code; amended in its entirety by the City
Council 5-15-2018 by Order No.
18-116-01]
To protect the health, safety, and welfare of the citizens of
the City of Sanford (the City), the City requires licensing of certain
uses and businesses.
[Amended 4-19-2022 by Order No. 22-151-01]
In general, all words, phrases, and terms used in this chapter
shall have their customary and usual meanings; as used in this chapter
, the following words, phrases, and terms shall have the meaning indicated:
The act of rendering or making a process or product impure,
unsuitable, or unusable by introducing harmful or undesirable elements,
whether biological or chemical.
No person, firm, corporation, or other entity shall carry on
any business or other activity subject to a license requirement under
this chapter or code or any other regulation or law without such a
license. All licenses shall be kept on site for inspection.
[Amended 4-19-2022 by Order No. 22-151-01]
The licensee and the licensee's place of business shall not
have property taxes, business taxes, or other fees, fines, charges,
penalties, or interest owing to the City. Failure to comply with this
condition shall be deemed a violation of this chapter and adequate
grounds for the denial, revocation, or suspension of a license.
It is the intent and purpose of this section to establish fees
which bear a reasonable relationship to the costs incurred by the
City in the administration and enforcement of this chapter and other
applicable laws and regulations.
B.
No license shall be issued until each specific annual fee (unless
an alternative duration is specified by the business category) for
all applicable business categories, required in this chapter have
been paid including, payment of the City's expenditure for notification
of public hearings and background checks as required by State or local
regulation, and payment of the City's expenditure for inspections
and emergency services as may be necessary for the specific license
or permit. Any new application for a Category 1 license received after
July 1 or alternative dates specified in this chapter may have the
annual fee prorated for the number of months or partial months remaining
until the expiration date. Prorated fees shall be calculated by determining
the annual fee for the license type, divided by twelve (12), then
multiplied by the number of months or partial months left in the license
period. If a new application is received after December 1 of any year
it will be valid until December 31 of the following year.
[Amended 7-21-2020 by Order No. 19-954-01; 4-19-2022 by Order No.
22-151-01]
C.
Fee schedule, business license categories:
[Amended 6-19-2018 by Order No. 18-117-01; 3-5-2019 by Order No. 18-553-01; 1-21-2020 by Order No.
19-580-01; 5-5-2020 by Order No. 19-874-01; 7-21-2020 by Order No.
19-954-01; 4-19-2022 by Order No. 22-151-01; 6-20-2023 by Order No.
23-77-01; 9-19-2023 by Order No. 23-289-01]
|
Category 1 Licenses
(Administrative Approval)
|
Fee
|
Statutory or Code Reference
|
|---|---|---|
|
Alcohol- and drug-free housing
|
$100 per year
| |
|
Auctioneer, nonresident certificate
|
$10 per day or $25 for 3 days
|
§ 149-1.4
|
|
B.Y.O.B. function
|
$25 per event
| |
|
Brewery, distillery, winery
|
$100 per year
| |
|
Closing-out sale
|
$50 per 60 days
| |
|
Coin-operated entertainment device, electronic video machine,
arcade device
|
$50 per year
| |
|
Flea market
|
$100 per year
|
Ch. 256
|
|
Flea market vendor
|
$25 per year
|
Ch. 256
|
|
Home occupation
|
$50 per year
|
Ch. 280
|
|
Kennel
|
$50 per year
| |
|
Liquor license renewal application (Tier I)
|
$300 per application
| |
|
Liquor license renewal application (Tier II)
|
$500 per application
| |
|
Liquor license transfer (Tier I or Tier II)
|
$25 per application
| |
|
Lodging establishment
|
$100 per unit
| |
|
Massage therapist
|
$50 per year
|
Ch. 164
|
|
Mental health and abuse clinic renewal application
|
$500 per year
| |
|
Off-premises catering permit
|
$25 per application
| |
|
Pawnbroker
|
$300 per year
|
Ch. 193
|
|
Peddler
|
$50 per year or $25 per day
| |
|
Places of assembly
|
$100 per year
| |
|
Rental housing
| ||
|
Single-family
|
$100
| |
|
Two-family
|
$200
| |
|
Three-family
|
$300
| |
|
Four- to seven-family
|
$400
| |
|
Eight-plus unit
|
$500
| |
|
Mixed use property
|
$100 plus $100 for each dwelling unit up to maximum of $500
| |
|
Residential care facility
|
$50 per year
| |
|
Salvage collector
|
$25 per year
|
Ch. 213
|
|
Salvage dealer
|
$500 per year
|
Ch. 213
|
|
Secondhand dealer
|
$200 per year
|
Ch. 193
|
|
Special amusement permit renewal application
|
$100 per year
| |
|
Sport shooting ranges
|
$100 per year
| |
|
Tattoo artist, body piercing
|
$200 per year
| |
|
Taxicab
|
§ 232-23
| |
|
Business license
|
$60 per year
| |
|
Operator license
|
$40 per year
| |
|
Vehicle license
|
$10 per year
| |
|
Vehicle transfer of license
|
$10 per transfer
| |
|
Inspection and background check
|
$50 per year
| |
|
Tobacco retailer
|
$25 per year
| |
|
Vacant building
|
See § 149-6.8
$300 for each six-month license for vacant, abandoned buildings
$100 for each twelve-month license for vacant buildings maintained
by owner or under owner’s direct control
Fee escalates at rate of 2 times the prior year’s fee
for each additional year building continues as abandoned
| |
|
Victualer
|
$75 per year
|
Ch. 209
|
|
Waste hauler
|
$500 per year
|
Ch. 220
|
|
Yard sale permit
|
$10 per day
|
Ch. 256
|
|
Category 2 Licenses
(City Council Approval)
|
Fee
|
Statutory or Code Reference
|
|---|---|---|
|
Beano-bingo application
|
$100 per application
| |
|
Bottle club
|
$100 per year
| |
|
Circus, carnival, temporary exhibitions
|
$200 per day
| |
|
Games of chance application
|
$65 per application
| |
|
Hemp grower
|
$1,500 plus $50 per acre
| |
|
Liquor license new application (Tier I)
|
$300 per application
| |
|
Liquor license new application (Tier II)
|
$500 per application
| |
|
Marijuana grower, adult use
|
$2,200 per application
| |
|
Marijuana grower, medical
|
$2,200 per application
| |
|
Marijuana manufacturing facility, Tier 1 (up to 40 pounds)
|
$2,200 per application
Additional $1,500 fee for facility engaging in extraction using
hazardous substances
| |
|
Marijuana manufacturing facility, Tier 2 (up to 200 pounds)
|
$3,200 per application
Additional $1,500 fee for facility engaging in extraction using
hazardous substances
| |
|
Marijuana property, Tier 1
|
$5,000 up to buildings with less than 30,000 square feet of
gross floor area plus $750 for each licensed facility on the property
| |
|
Marijuana property, Tier 2
|
$7,500 for buildings with 30,000 square feet or more gross floor
area plus $750 for each licensed facility on the property
| |
|
Marijuana, retail sales adult use
|
$22,500 per application
| |
|
Mental health and abuse clinic, new applications
|
$500 per year
| |
|
Shelter
|
$50 per unit
|
Ch. 155
|
|
Special amusement permit, new applications
|
$100 per year
|
[Amended 3-5-2019 by Order No. 18-553-01; 4-19-2022 by Order No.
22-151-01]
All licenses shall expire annually on December 31, except as
otherwise provided by the general laws of the State or stated elsewhere
in chapter.
[Amended 7-21-2020 by Order No. 19-954-01; 4-19-2022 by Order No.
22-151-01]
Upon receipt of an application for a liquor license, the City Clerk or the City Council shall follow the procedure established by this chapter, the City Code and 28-A M.R.S. §§ 651 to 654, as amended. The fees for an application shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for new liquor license applications, liquor license renewal applications and transfers of liquor license applications either as Tier I or Tier II.
[Amended 4-19-2022 by Order No. 22-151-01]
Upon receipt of an application for an off-premises catering permit, the City Clerk shall follow the procedure established by this chapter, the City Code and 28-A M.R.S. § 1052, as amended. The fees for an application shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for an off-premises catering permit.
[Amended 4-19-2022 by Order No. 22-151-01]
Upon receipt of an application for a games of chance license, the City Clerk shall follow the procedure established by this chapter, the City Code and 17 M.R.S. § 1831 et seq. The fees for an application shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for a games of chance application.
[Amended 4-19-2022 by Order No. 22-151-01]
Upon receipt of an application for a beano and bingo license, the City Clerk shall follow the procedure established by this chapter, the City Code and 13-A M.R.S. § 311 et seq. The fees for an application shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for a beano and bingo application.
[Amended 7-21-2020 by Order No. 19-954-01]
The City Clerk shall have the authority to issue all licenses shown as Category 1 licenses in this chapter to qualified applicants. If the City Clerk or the Inspection Team find violations of the standards for denial, suspension, or revocation as listed in § 149-1.11.1, or excessive and verified complaints against an applicant or premises, a public hearing shall be held so that the facts may be heard and if the City Council so chooses, issue the license with conditions to remedy nuisance conditions as so determined by the City Council. Only the City Council shall have authority to issue Category 2 licenses and, when applicable, shall follow the procedures outlined in State law for their issuance.
A.
All applications for licenses under this chapter shall be filed with,
and in a form satisfactory to, the City Clerk, together with such
supporting documents and information, as the City Clerk may prescribe.
B.
Such application may include, but is not limited to, the following:
(1)
Name, address, and contact information, including phone number
and email address, of the applicant, all other persons having a legal
interest in the facility and property, and the individual(s) designated
by the applicant to manage operation of the facility, if any.
(2)
Location within the premises for which a license is sought,
identified by both City Tax Map and lot number and street address.
(3)
Dimensions and acreage of the property.
(4)
Copy of a signed, approved site plan, and supporting documents, if required under Chapter 280, Zoning.
[Amended 4-19-2022 by Order No. 22-151-01]
(5)
Description of the use and facility and how the location and improvements associated with the proposed facility comply with the requirements of Chapter 280, Zoning, and this chapter.
(6)
Type, location, and total cubic feet and equivalent pounds of
carbon dioxide, gas, super-cooled liquid, pesticide, fertilizer, or
other chemical stored or used in the operation of the facility, if
any, and location of all alarms and shut offs.
(7)
Any other approvals required by City, State, or federal agencies.
(8)
Other information specified in this chapter or any other applicable
regulation, codes, or law.
(9)
Two (2) copies of the license application and all supporting
documentation and one (1) digital copy, in the form of a USB, CD,
email, Drop Box, or Google Drive link, containing pdf files for the
application and each piece of supporting documentation.
[Amended 4-19-2022 by Order No. 22-151-01]
A.
City Clerk review. A license application shall be filed with and reviewed by the City Clerk to determine if it is complete. If the application is not deemed complete, the application shall be returned to the applicant and shall be considered to be denied. If the application is deemed to be complete, and the facility has not secured site plan, conditional use, or other required permits under Chapter 280, Zoning, the applicant shall be directed to schedule a meeting with the Planning Department.
B.
Planning Board review. Upon referral from the City Clerk and submission of the appropriate site plan, conditional use, or other required permits under the provisions of Chapter 280, Zoning, the Planning Department shall process applications for review. Upon approval, the Planning Department shall forward the determination to the City Clerk, who shall schedule the licensing application for review by the City Council.
[Amended 4-19-2022 by Order No. 22-151-01]
C.
City Council review. The City Council may impose conditions on the
approval of any license application it deems necessary to ensure compliance
with the provisions of this chapter or any other provision of law.
Such conditions may include, but are not limited to, documentation
of the following requirements:
(1)
All landscaping, screening, reclamation, and/or other requirements
approved and/or imposed by the Planning Board have been installed,
completed, and approved by appropriate City staff.
[Amended 4-19-2022 by Order No. 22-151-01]
(2)
All requirements imposed by any other regulatory bodies having
jurisdiction have been installed, completed, and approved.
(3)
All other measures required to improve the operations of the
facility or minimize its impacts on the surrounding neighborhood have
been constructed or implemented.
(4)
The applicant shall meet with the Chief of Police, Director
of Code Enforcement, and/or other State or municipal officials, upon
request, to establish a good working relationship between the City
and the owner and operators of the facility and to provide for review
of the operation of the facility.
[Amended 4-19-2022 by Order No. 22-151-01]
A record of the issuance of such license, with the name of the
licensee and the fee paid, shall be kept by the City Clerk. The fees
collected by the City Clerk for all licenses provided herein shall
be turned over to the City Treasurer in the same manner as tax moneys,
and to be credited to the Licenses and Fees Account.
[Amended 4-19-2022 by Order No. 22-151-01; 6-20-2023 by Order No.
23-265-01; 9-19-2023 by Order No. 23-358-01]
Upon receipt of an application for any license or permit, other
than a renewal application substantially identical to the original
application, the City Clerk shall inquire of other City departments,
including the Inspection Team, as appropriate, for comments as to
whether a license may be granted consistent with the provisions of
the laws and codes enforced by such department. In all appropriate
cases, the Code Enforcement Officer shall verify that the premises
to be used for the proposed facility comply with the Building Code,
Electrical Code, Plumbing Code, and Zoning Code, including development
permit approval and if applicable, Junkyard Screening Law; the Fire
Chief and/or designee shall cause inspection to be made for the purpose
of determining if codes, State law, or State regulation concerning
fire and safety have been complied with; and if the license is not
issuable to any class of persons, firms, or corporations; the Police
Chief and/or designee shall cause an investigation to be made of the
principal officers or person to be licensed; the Tax Collector shall
verify that taxes have been paid or payment arrangements made. All
persons shall report to the City Clerk in writing, and copies of any
such report shall be deemed a public record.
[Amended 4-19-2022 by Order No. 22-151-01]
As a condition of granting a license, unless otherwise specified,
an inspection may be required. Submission of a license application
shall constitute permission for entry and inspection. The Inspection
Team, which consists of a representative of the Police Department,
Fire Department and the Code Enforcement Department, and/or his/her
designee, may inspect every facility to be licensed under this chapter
for the purpose of determining if the applicant and premises is in
compliance with all applicable laws, codes, rules, regulations, and
development permits. Inspections shall take place at a reasonable
time and prior to a determination on the license application. Businesses
with no regularly scheduled hours shall be given twenty-four (24)
hours' notice for an annual inspection. When an inspection is conducted
for a use that is sensitive to contamination of its processes or products,
the Inspection Team shall use the following protection from contamination
protocols to the extent practicable:
A.
The facility operator shall:
(1)
Prior to inspection, provide a floor plan of the facility which
identifies, at a minimum, all walls, the layout of operations, including
storage, and the location of exits, signs, key components of emergency,
security, growing and other lighting, fire extinguishers, mechanical
rooms, key components of the ventilation system, including but not
limited to intake and exhaust vents, key components of any filtration
system, key components of the sprinkler system and sprinkler heads,
including clearance heights, electrical panel, storage areas for hazardous
materials, including but not limited to chemicals and gases, plumbing
fixtures; and
(2)
Maintain a Material Safety Data Sheet for any chemicals it uses in its operation and described in its Operations Manual and Safety Plan, required in Chapter 280, Zoning, which shall be made available to the Inspection Team upon request.
(3)
Provide a flow chart of the operation that identifies and directs
the Inspection Team first to the area of the site that is cleanest
and most sensitive to contamination and proceed to progressively less
clean and/or sensitive areas until the inspection is complete.
B.
The Inspection Team shall:
(1)
Don disposable boot covers, gowns, gloves, and hairnets if provided
by the facility operator.
(2)
Provide the operator of the production facility a camera, heat-temperature
gun, and a two-way communication device. The facility operator will
work with the Inspection Team, which will direct the facility operator
to designated areas, to provide visual access and direct feedback
to allow the inspection to take place without requiring the Inspection
Team to enter areas of the facility that are sensitive to potential
contamination.
C.
If the Inspection Team observes violations, modifications of the
facility which required a permit which was not obtained, or cannot
satisfactorily conduct the inspection through remote observation then
the Inspection Team may have to enter the facility to complete the
inspection. If physical entry is required, the Inspection Team shall
use the protection from contamination protocols described in this
chapter to minimize the likelihood of contamination.
[Amended 4-19-2022 by Order No. 22-151-01]
In addition to any other provision of this code authorizing
such action, a license or permit may be denied, suspended, or revoked
upon determination of one (1) or more of the following regarding the
applicant, application, or premises:
A.
Failure to fully complete the application forms; knowingly making
an incorrect statement of a material nature on such form; 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;
B.
The applicant or related persons or entities have caused one (1)
or more breaches of the peace;
C.
Failure to comply with laws, code, development permits, rules, or
regulations;
D.
Failure to license and operate a safe and proper place of business
compliant with all relevant fire, health, and safety codes; or
E.
The applicant, licensee, or employee of the licensee or person representing
the licensee has been convicted of any Class A, Class B, Class C,
or Class D crime or crime of equivalent severity or has proven and
known ties to criminal gangs or criminal organizations as defined
by federal law as verified by the Police Department.
[Amended 4-19-2022 by Order No. 22-151-01]
Any person, firm, or corporation who violates any provision
of this chapter or the terms of a license may be penalized in the
following manner:
A.
Temporary suspension. The Code Enforcement Officer or Police Department,
with prior approval of the City Manager or his/her designee, is authorized
to immediately and temporarily suspend any license. The City Manager,
or his/her designee, shall determine if the licensed premises has
not met the requirements of the license.
B.
Revocation. The Code Enforcement Officer or Police Department, with
prior approval of the City Manager, or his/her designee, is authorized
to immediately revoke any license. The City Manager, or his/her designee,
shall determine if the licensed premises has not met the requirements
of the license.
C.
Unlicensed activity. Any person, firm, or corporation failing to
apply for a license and pay the required fee shall be in violation
of this chapter and such violation is a civil penalty or land use
violation pursuant to 30-A M.R.S. § 4452, enforced by the
Police Department or Code Enforcement Officer and subject to a fine
in the amount of one hundred dollars ($100) in addition to any other
fines for violating this chapter and the fee for licensing.
D.
Civil penalties. In addition to any other fines or penalties for
violating any provisions of this chapter or the terms of the license,
violation of this chapter is a civil penalty pursuant to 30-A M.R.S.
§ 4452, enforced by the Police Department or Code Enforcement
Officer. In any such proceeding, the City may order that the licensee
or unlicensed activity abate any violations, pay a penalty between
one hundred dollars ($100) and two thousand five hundred dollars ($2,500)
per violation, per day, and pay the court costs, attorneys and expert
witness fees incurred by the City.
[Amended 5-7-2019 by Order No. 19-258-01]
The Board of Appeals, acting in an appellate capacity, shall act as the Licensing Board of Appeals in order to hear appeals of orders, decisions, or determinations made relative to application and interpretations of this Code. Appeals to the Board of Appeals shall be submitted as otherwise set forth in City Code, Chapter 10, regarding administrative appeals.
If any clause, sentence, paragraph, section, article, or part
of this ordinance, or of any ordinance included in this Code or through
supplementation shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
