[Ord. of 11-1-1993]
This article shall be referred to and shall be cited as the
"Food Establishment and Lodging Ordinance of the City of Old Town."
[Ord. of 11-1-1993]
(a)
License required. No person, corporation, firm or copartnership may
conduct, control, manage or operate for compensation, directly or
indirectly, any eating establishment, eating and lodging establishment,
or lodging place, unless the same shall be licensed by the City. Licenses
issued must be displayed in a place readily visible to customers or
other persons using a licensed establishment.
(b)
Documentation. Any person, corporation, firm or copartnership desiring
a license shall submit satisfactory evidence of his, her or its ability
to comply with the minimum standards of these rules which may include
documenting the adequacy of any private wastewater disposal system
and/or the quality of the water supply.
(c)
Fee. Each application for, or renewal of an annual license to operate
an eating establishment, eating and lodging place, or lodging place
shall be submitted with the appropriate fee to the City Clerk. No
such fee may be refunded. No license may be assignable or transferable.
(d)
Exemption. Schools operated by the City are exempt from the licensing
requirements of this article.
(e)
Expiration. All food establishment licenses and renewals shall expire
on May 31 of the year following issuance.
(f)
Fee review. The City Council is hereby authorized to promulgate reasonable
fees which shall be reviewed and changed from time to time.
[Ord. of 11-1-1993]
(a)
When any applicant or premises is found, based upon the appropriate
inspections by the City or the department of human services (division
of health engineering), not in compliance with the requirements of
the department of human services or City regulations, the City may
refuse issuance of the license.
(b)
The issuance of the license does not provide exemption from any other
state or local laws or ordinances or regulations, notwithstanding
any other provision of the law.
[Ord. of 11-1-1993]
(a)
The code enforcement officer, fire inspector or health officer may
suspend a license upon a determination of a violation of the terms
of this article, other City ordinances or state law. Licenses may
be revoked after notice and hearing by the City Council based upon
falsehood, misrepresentation or omissions of information that was
listed on the application for the license or for cause.
(b)
Any applicant or holder of a license may appeal a suspension of a
license by the code enforcement officer, fire inspector or health
officer to the City Council within 30 days of receipt of a written
notice. The City Council shall hold a public hearing within 21 days
after receipt of a written notice of such appeal. The appeal must
be in writing and filed with the City Clerk and suspending officer
(code enforcement officer, fire inspector or health officer). The
suspending officer shall be present at the hearing. The City Council,
after such hearing, may vote to revoke the license or modify the decision
of the code enforcement officer, fire inspector or health officer
to suspend a license if the City Council determines that:
[Ord. of 11-1-1993]
Any person who shall violate a provision of this article or code or shall fail to comply with any of the requirements thereof, or who shall violate any permit or license issued pursuant to this article or code, shall be subject to penalties and provisions as defined in § 1-8 of the Code for the City.
[Ord. of 11-1-1993]
The provisions of this article shall be severable and if any
phrase, clause, sentence, section or provision, or the application
thereof, shall be held invalid, the remainder of this article and
the application thereof shall not be affected thereby.
