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					NOTE: This item has been brought forward due to the Secondhand Business Moratorium passed by the City
Council (copy of moratorium and extension attached). The moratorium is to expire in February, 2004. Areas of
concern pertaining to density, signage, display, parking and set back requirements have been addressed through
current codes for all types of retail. The only remaining item therefore is licensing. The language highlighted in
gray and underlined are recommended revisions to the ordinance approved unanimously by The Policy
Committee November 10, 2003.
An inventory of downtown storefronts showed that these types of businesses do not dominate Main Street (7 out
of 112 storefronts). Most use attractive display techniques that equal or surpass those of stores selling unused
merchandise.


Chapter 22 BUSINESSES*
__________
ARTICLE I. IN GENERAL
Sec. 22-1. Purpose.
In order to facilitate orderly and safe businesses within the community, the municipal officers hereby require certain
businesses to obtain licenses and permits.
The city clerk will provide applications for licenses and permits as specified in this chapter.
Any business operating without a license or permit as required in this chapter is subject to fines and closure until such
time as a license or permit has been obtained.
(Ord. of 4-21-98(4))
Sec. 22-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Adult area means an area in a business establishment clearly marked and posted by the business establishment as an adult
area where there is contained photographs, covers of magazines, newspapers, periodicals or other printed matter which is
offensive to children and may be offensive to adults unwilling to view such materials.
Adult business means a business, a substantial or significant portion of which consists of selling, renting, leasing,
exhibiting, displaying or otherwise dealing in materials or devices of any kind which appeal to prurient interests and
which depict or describe specified sexual activities.
Adult entertainment means a business, a substantial or significant portion of which consists of selling, renting, leasing,
displaying, or exhibiting live participants or otherwise dealing in materials or devices of any kind which appeal to prurient
interests and which depict or describe specified sexual activities.
Adult reading material means a magazine newspaper, periodical or other printed matter which is labeled "for adults only."
Anitiques – Those items defined as “antiques” by the United States Tariff Act of 1930.

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Automobile graveyard means a yard or field or other area used as a place of storage for three or more unregistered,
unserviceable, discarded, worn-out, or junked motor vehicles. This does not include any area used for temporary storage
by an establishment or place of business that is primarily engaged in doing auto body repair work to make repairs to
render a motor vehicle serviceable. It does include an area used for automobile dismantling, salvage and recycling
operations.
Bottle club is defined as persons operating, on a regular, profit or nonprofit basis, facilities for social activities in which
members or guests provide their own liquor, where no liquor is sold on the bottle club premises, which maintain suitable
facilities for the use of members on a regular basis or charge an admission fee to members or the general public and where
members, guests or others are regularly permitted to consume liquor.
Disqualifying crime or criminal conviction means conviction under any of the crimes set out at the following provisions
of the state criminal code, or refers to the crimes set out at the following provisions of the criminal code:
(1)     17-A M.R.S.A., chapter 9 (offenses against the person)
(2)     17-A M.R.S.A., chapter 11 (sex offenses)
(3)     17-A M.R.S.A., chapter 19 (falsification in official matters)
(4)     17-A M.R.S.A., chapter 23 (offenses against the family)
(5)     17-A M.R.S.A., chapter 35 (prostitution and public indecency)
(6)     17-A M.R.S.A., chapter 37 (fraud)
(7)     17-A M.R.S.A., chapter 45 (drugs)
(8)     Any crime defined or classified as a class B or A crime.
This also includes any prior activity which is found to demonstrate a lack of good moral character.
Expose or exposed means unclothed or uncostumed or not covered by a fully opaque material.
Flea market means a group of five or more unrelated persons selling tangible used or secondhand personal or collectors'
items to the general public.
Flea market dealer means a person who sells goods at a flea market.
Goods means and includes wares, merchandise, food and other items intended to be sold at retail
Hawker, peddler, itinerant vendor means a person who goes from place to place selling articles or services.
Junk collector means any person having a trucking license, or traveling from place to place within the city for the purpose
of purchasing junk, or making a business of purchasing junk from a person who carries it away after purchase.
Junk dealer/recycling means any person engaged in the purchase, sale or barter of old iron, steel, chains, aluminum, brass,
copper, tin, lead, or other base metals, paper clippings, scraps of woolens, clips, belting, wastepaper, old rope, old bags,
bagging, barrels, piping, rubber, glass, empty bottles, and jugs of all kinds and quantities of less than one gross, and all
other articles discarded or no longer used as manufactured articles composed of any one or more of the materials
mentioned in this definition.
License ordinance means the ordinance authorizing the granting of municipal licenses for businesses within the city.
Massage establishment or therapeutic massage establishments, are used interchangeably to mean any business, including
but not limited to a sole proprietorship, in which the business operations consist of providing or making available massage
in the city for consideration or with the expectation of receiving consideration or any gratuity, whether or not the business
has a fixed place of business within the city limits.
Massage therapist or practitioner means a person who provides or offers to provide massage therapy for a fee, monetary
or otherwise. This definition includes the use of different forms of the term "massage therapist" or "massage practitioner,"
such as "masseuse" or "masseur."
Massage therapy means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes,
specifically for improving muscle tone and circulation and promoting health and physical well-being. The term includes,
but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of
supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions,
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procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used
in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact as
defined in Title 17-A, § 251-1(d).
Officer means any officer, director, stockholder, owner, manager of person who either has a financial interest of any
nature in a bottle club or directs any policy of a bottle club.
Pawnbroker means any person whose business or occupation is to take or receive, by way of pledges, pawn or exchange,
any goods, wares or merchandise, or any kind of personal property whatsoever, as security for the repayment of money
loaned thereon at a stipulated rate of interest or at a stipulated amount of repayment; or who purchases any such property
on condition of reselling such property to the seller thereof or his assigns at a stipulated priced. This definition will not
apply to banking institutions, brokerage houses, members of the stock exchanges, or persons who make loans exclusively
upon stocks, bonds, bills of lading, warehouse receipts, mortgages, contracts, commercial paper, or other written or
printed evidence of ownership of property or of indebtedness to the holder or owner of any such security.
Permanent place of business means any building or other permanently affixed structure, including a home residence,
which is owned or held under a 12-month lease or rental agreement at the time business is commenced, and is used in
whole or in part for the purpose of engaging in the sale of secondhand goods or antiques.
Recognized school (massage) means any school or institution of learning which has for its purpose the teaching of the
theory, method, profession and work of massage therapy and is recognized or certified by Maine or any other state.
Schools offering a correspondence course not requiring actual attendance of class shall not be deemed a recognized
school.
Salesperson, waiter, waitress, entertainer: A person shall be deemed a salesperson, waiter, waitress or entertainer if such
person acts in that capacity without regard to whether or not such person is paid any compensation by the management of
the establishment in which the activity is performed.
Secondhand dealer means any person engaged in the business of selling, exchanging, dealing in or dealing with
secondhand used or pre-owned articles, including, but not limited to, firearms; opera glasses; telescopes; watches; clocks;
diamonds or other precious stones; gold, silver, platinum or other precious metals; jewelry; furs, fur coats or any other
wearing apparel; glass and dishes; musical instruments; radios; tires; automobile accessories; office and store fixtures and
equipment; electrical, gas and water meters; and all classes of fixtures and their connections; and refurbished goods.
Transient seller of secondhand goods and/or antiques. means any person who engages in the business of selling
secondhand used or pre-owned merchandise, and who does not have, for the purpose of carrying on such business, any
permanent place of business within the city. Such term does not include persons who sell at public fairs or expositions or
members selling on behalf of public service organizations.
Victualer means a person who serves food or drink prepared on site for consumption by the public.
Ways means any municipally controlled way or public easement as defined in 23 M.R.S.A. § 3021, and includes
sidewalks along such ways and public easements.
(Ord. of 4-21-98(4))
Secs. 22-3--22-8. Reserved.


ARTICLE II. LICENSES AND PERMITS GENERALLY
Sec. 22-9. Authority and enforcement.
A law enforcement officer/code enforcement officer is authorized to enforce compliance with the provisions of this
section and to prosecute all violators thereof.
No license shall be issued to a person, corporation or other legal entity unless all buildings, structures, vessels and
platforms are in compliance with building and fire safety codes, where applicable.
(Ord. of 4-21-98(4); Ord. No. 2000.54, 7-5-00)
Sec. 22-10. Application and procedures.
(a)     New license.

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      (1) Prior to an application for a new business license being submitted to the city, the applicant will meet with the code
      enforcement officer who will review all applicable ordinances.
      (2) The applicant will submit a completed application, and appropriate fees as set forth in section 22-11, to the city
      clerk.
      (3) All victualers license applicants will submit their state license to the city clerk for review/copying at the time of
      the application submittal.
      (4) The city clerk, upon receipt of a completed application, all applicable fees/taxes, and appropriate state licenses,
      will forward the application to the following departments for inspections/approval:
            • Code enforcement/building inspections
            • Fire department
            • Police
            • Health/welfare
            • Tax collectors
            • City clerk
      (5) The tax collector will verify that the following taxes have been paid, and or payment arrangements made:
          Tenant only businesses--Personal property and sewer fees in the name of the tenant.
          Property owner/operator businesses--Personal property, sewer and real estate taxes.
      (6) Upon completion of the above inspections/approvals, the city clerk will place the license request on the next
      council agenda for approval.
      (7) Upon approval from the city council, the city clerk will forward the approved license to the applicant.
(b)       Renewals.
      (1) Liquor licenses. All liquor licenses renewals will follow the process as stipulated in state law, as well as
      subsections 22-10(b)(4) and (5).
      (2) Other than liquor licenses.
          a. The city clerk shall notify all licensees of their renewals and appropriate fees, approximately 30 days prior to
          expiration.
          b. The applicant must submit a completed application, and appropriate fees as set forth in section 22-11, to the
          city clerk.
          c. All victualers license applicants must submit their state license to the city clerks for review/copying at the time
          of the application submittal.
          d. The city clerk, upon receipt of a completed application, all applicable fees, and appropriate state licenses, will
          forward the application to be following departments for inspections/approval:
                • Code enforcement/building inspections
                • Fire department
                • Police
                • Health
                • Tax collectors
                • City clerk
          e. The tax collector will verify that the following taxes have been paid, and/or payment arrangements made:
          Tenant only businesses--Personal property and sewer fees in the name of the tenant.
          Property owner/operator business--Personal property, sewer and real estate taxes.
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        f. Upon completion of all appropriate department inspections and approval the city clerk shall issue a renewal
        license. The city clerk will notify the city council, on a monthly basis, of all renewed licenses.
(Ord. of 4-21-98(4))


Sec. 22-11. Fees.
The city clerk will use the following fee structure to develop the appropriate license fees.
TABLE INSET:

$ 75.00 (single/multiple events)                           PLACES OF AMUSEMENT/ENTERTAINMENT
                                                           Concerts
                                                           Exhibitions (including live performances)/shows
                                                           Playhouses/play
                                                           Circuses
                                                           Carnivals
$ 150.00 (annual)                                          Indoor skating rinks
                                                           Theater/moving picture houses (plus $25.00 per screen)
                                                           Bottleclubs
                                                           Billiard rooms
                                                           Public firing ranges
                                                           Bowling lanes

                                                           AUTOMOBILE REPAIR AND/OR GRAVEYARDS
                                                           Automobile graveyard
$ 200.00                                                   Within 100 feet of highway
$ 200.00                                                   Not within 100 feet of highway
$ 75.00                                                    Garages for maintenance/operation

$ 200.00                                                   PLACES/DEALERS IN PRODUCTS
                                                           Dealers in gold jewelry, etc.
                                                           Flea markets (for 20 tables, $5.00 for ea. add'l table)
                                                           Hawkers, peddlers, itinerant vendors
                                                           Junk dealers/recycling
                                                           Secondhand dealers/antiques
                                                           Seller of used goods

$ 200.00                                                   PAWNBROKERS

$ 75.00                                                    OPERATING LICENSE
                                                           Innkeepers/tavernkeepers ($25.00 extra if serving liquor)
$ 50.00                                                    Taxicabs, motorbuses, public automobiles (plus $10.00 per
                                                            vehicle)
$    75.00                                                 Victualers ($25.00 extra if serving beer and/or wine)
$   150.00                                                 Victualers serving liquor
$   100.00                                                 Massage establishments
$   100.00                                                 Massage therapists

$ 10.00                                                    MISCELLANEOUS
                                                           Newspaper vending machines (per machine)
                                                           Video game devices (per 5 machines to a max. of $50.00)

                                                           OTHER
At Cost Plus 10%                                           Advertising/liquor license (see state law)

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$ 50.00                                                     Vendors on public places (see appropriate section)
                                                            Wastehaulers
$ 150.00                                                    Per business
$ 150.00                                                    Per truck
$ 50.00                                                     Sludge disposal
$2,000.00                                                   Adult businesses, per annum

                                                            CITY CLERK FEES
$    2.00                                                   Notary attesting for residents
$    5.00                                                   Notary attesting for non-residents
$   10.00                                                   Dedimus justice services
$    5.00                                                   Motor vehicle agent fee
$   50.00                                                   Sale of zoning ordinances
$   10.00                                                   Sale of subdivision ordinances
$   10.00 per hour                                          Vital records research
$   5.00                                                    Sale of voter I.D. card

(Ord. of 4-21-98(4); Ord. No. 99.97, 11-16-99; Ord. No. 2000.54, 7-5-00; Ord. No. 2001.49, 5-16-01; Ord. No. 2002.34,
4-2-02)
Sec. 22-12. Penalties.
Ten percent of such license renewal fees shall be levied as a fine, per month, effective 30 days after notice or failure to
comply.
(Ord. of 4-21-98(4))
Sec. 22-13. Expiration.
All annual licenses and permits issued under this article shall expire at midnight on December 31 of the year of issuance,
unless otherwise indicated.
(Ord. of 4-21-98(4))
Sec. 22-14. Grievance.
(a)     Grounds for denial. The municipal officers may deny a license application under this article upon a finding that
the applicant:
    (1) Does not have the financial capacity and technical ability to conduct the activity described in the application; or
    (2) Has a history of complaints and problems resulting from the proposed business; or
    (3) Has failed to comply with any other provisions of this article; or
    (4) For other reasons that would support the position that approval of the license would be adverse to the public
    health, safety or welfare of the citizens of the city.
(b)      Hearing following denial of license. If the municipal officers deny a license application under this article, it shall
notify the applicant in writing, stating the reasons for the denial. The applicant may seek review of the denial in superior
court pursuant to Maine Rules of Civil Procedure, 80B, within 30 days after the denial.
(c)     Suspension or revocation of license. Any license issued under this article may be suspended or revoked by order
of the municipal officers after notice and hearing in accordance with the procedures in subsection 22-14(d), for the
following causes:
    (1) Violation of this article.
    (2) Violation of any provision of any state or local law, ordinance, code or regulation which relates directly to the
    provisions of this article.
    (3) Violation of any license condition.
    (4) Falsehoods, misrepresentations or omissions in the license application.

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(d)       Hearings.
      (1) After investigation which results in a determination that the municipal officers should consider revocation or
      suspension of a license, the municipal officers shall serve notice of a hearing on the licensee or leave it at the licensed
      premises at least three days before the time set for hearing.
      (2) After the hearing the licensee must be given an opportunity to hear the evidence in support of the charge(s)
      against the licensee, to cross-examine, alone or through counsel, the witnesses, and be heard in the licensee's own
      defense.
      (3) After considering all information presented, the municipal officers may suspend or revoke a license if they find
      that the licensee is no longer fit to hold a license or for any cause which the municipal officers deem satisfactory, they
      may suspend a license for any period of time it considers proper.
(e)    Appeal. The licensee may seek review of the denial in superior court pursuant to Maine Rules of Civil Procedure,
80B, within 30 days after the denial.
Secs. 22-15--22-21. Reserved.


ARTICLE III. CRITERIA
Sec. 22-22. Places of amusement/entertainment.
Places of assembly for the purpose of entertainment must obtain a license from the city in accordance with these
provisions. The preparation of food for sale to the public on premises will require a separate victualers license under the
provisions of subsection 22-26(c).
(a)      Concerts, exhibitions, playhouses, plays, circuses, carnivals, indoor skating rinks, theaters/moving picture houses,
billiard rooms. A person, firm or corporation operating, or sponsoring, a concert, exhibition, playhouse, play, circus,
carnival or indoor skating rink on a scheduled regular basis will obtain a license from the city clerk's office.
      (1) A request for a license under this section will be conditioned on the satisfactory inspection of the facility by all
      appropriate departments to insure structural safety issues.
      (2) The application will include:
          a. The name and address of the operator and sponsor;
          b. Location of the event;
          c. Dates and times of the event.
      (3) The municipal officers may withhold a permit under the following conditions:
          a. The structure where the event is to be held is found to be unsatisfactory;
          b. There is inadequate parking; or
          c. Other issues raised to the municipal officers and determined to be adverse to the public health or safety or
          welfare.
      (4) The operator will be responsible for all security and clean up associated with the event.
(b)       Bottle clubs.
      (1) License. No person shall keep, maintain operate, lease, or otherwise furnish, either to its members and guests or to
      the general public, any premises, building, apartment, or place for use as a bottle club without first having obtained a
      license and paying the fee therefore.
      A separate license must be obtained for each branch or separate establishment of a bottle club. Each license shall
      authorize the operation of such establishment only at the location described in such license and in conformity with all
      applicable ordinances and law. No license shall be transferred to another person or to any other location, except that a
      licensed bottle club may change its name upon approval of the city council if its location remains the same.
      Every bottle club shall exhibit its license at all times in a conspicuous place on its premises.

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(2) Application. Every applicant for a bottle club license shall:
    a. Complete and file an application on a form prescribed by the city clerk;
    b. Deposit the prescribed license fee with the city clerk;
    c. Submit the completed application to the city clerk, together with attested copies of the articles of incorporation
    and bylaws, if the applicant is a corporation, or articles of association and bylaws if the applicant is an
    association, as well as a list of all officers of the bottle club;
    d. File an affidavit which will identify all officers and their places of residency at the present time and for the
    immediately preceding three years.
    Submission of false information in an application for a license is a violation of this article and such act shall be
    grounds for the denial of the application.
(3) Fees. Notwithstanding any other provisions of this chapter, a bona fide nonprofit, charitable, educational,
political, civic, recreational, fraternal, patriotic or religious organization is not subject to section 22-11 of this article,
pertaining to fees.
(4) Qualification of officers. All officers of a bottle club shall meet the following qualifications: Never have been
convicted of a class A, B or C crime nor of violating any of the gambling or prohibitive liquor laws either of the
United States or of Maine or any other state, within five years immediately preceding the date of application. each
such officer shall file the release authorized by 16 M.R.S.A., Section 620 (6), criminal history record information act,
with the application. Failure to provide such a release shall be grounds for denial of the application.
(5) Description of the premises. Every applicant for a bottle club license shall include in the application a description
of the premises for which a license is desired and shall set forth such other material information, description, or plan
of that part of the premises where it is proposed to consume or keep liquor.
(6) Articles and bylaws. Applicants for bottle club licenses shall possess written articles of incorporation or
association and bylaws. The articles or bylaws shall provide for regular election of officers or directors. Membership
shall be regulated by such articles or bylaws.
(7) Inspections of premises. The code enforcement officer shall verify that the premises of the proposed bottle club
comply with the applicable ordinances of the city, including, but not by way of limitation, the building code, electrical
code, plumbing code, and zoning ordinance, and shall report his findings in writing to the municipal officers.
The fire chief shall cause an inspection to be made of the proposed location of the bottle club for the purpose of
determining if city ordinances concerning fire and safety have been complied with. He shall submit a report of his
findings in writing to the municipal officers.
(8) Notice of hearing. After receipt of the written reports required by subsection 22-22(b)(7), the city clerk shall give
notice of the public hearings on applications for bottle clubs in the form and manner and to the persons specified in
this section. The notice shall include the time and place of such hearing, the nature of the matter to be heard, and the
address or location of the property involved. Where notice by mail is required, it shall be mailed at least seven days in
advance of the hearing date by regular United States mail.
Notices for hearings under this section may be given by publication in a newspaper of general circulation in the city at
the applicant's prepaid expense at least three consecutive days before the date of hearing in a daily newspaper. Notice
to the owners of all the property within 500 feet of such parcel or tract shall be by mail.
For the purpose of this section the "owners of property" shall be considered to be the parties listed by the tax collector
of the city as those against whom taxes are assessed. Failure of any property owner to receive a notice of public
hearing shall not necessitate another hearing and shall not invalidate any action of the municipal officers.
(9) Proximity to schools and churches. No new bottle club license shall be granted under this article to premises
located within 300 feet of any school, church or area designated primarily for use by minors.
(10) Permitted. No person under the age of 21 years is permitted in or on that part of the premises subject to the
control of a bottle club where persons are permitted to drink alcoholic beverages; except that persons under the age 21
years may be permitted admittance to the bottle club for the purpose of employment or when the person under 21
years of age is accompanied by a parent or legal guardian.

                                                           ~8~
    (11) Hours. The premises used as a bottle club shall be closed and vacated by members and guests each day from 1:00
    a.m. to 6:00 a.m., except that on January 1 the premises may remain open until 2:00 a.m. During the hours that a
    bottle club must remain closed, no members, guests or other persons, other than regular employees, may be on or
    remain therein, and the use by anyone of the premises or facilities of the bottle club for the drinking of alcoholic
    beverages during such hours when a bottle club must remain closed is prohibited.
    (12) Entrance to be marked. The entrance to any bottle club shall be plainly marked "Bottle Club, Members and
    Guests Only."
    (13) Illegal activities. No license under this article shall knowingly permit any illegal activities to take place on the
    licensed premises.
    (14) Right of inspection. The applicant or licensee, his agents and employees shall allow access to the bottle club by
    the code enforcement officer or their designated assistants or agents for the purposes of inspecting the premises and
    ensuring that no violation of this article or any law is taking place.
    (15) Suspension or revocation of license A license to operate a bottle club, as provided for by this article, may be
    denied, suspended or revoked by the municipal officers for either violation of or failure to comply with any of the
    provisions of this article. Determination of the severity of the violation and whether or not a denial, suspension or
    revocation is warranted shall be made by the municipal officers, after notice and hearing.
    (16) Appeals. An appeal from any final decision of the municipal officers may be taken by the applicant to the state
    liquor commission pursuant to 28-A M.R.S.A. § 161-B(5). An appeal may be taken to the board of appeals of the city.
    An appeal from a final decision of the board of appeals shall be taken by any party to the superior court in accordance
    with the provisions of rule 80B of the Maine Rules of Civil Procedure.
(c)     Sport shooting ranges. A person or firm operating a facility, open to the public, used principally or primarily for
archery, skeet and/or trap shooting, other shooting sports, shooting of rifles, shotguns and pistols or other projectiles, must
obtain a license under the provisions of this chapter.
    (1) A request for a license under this section will be conditioned on the satisfactory inspection of the facility by the
    city inspections department and the fire department to insure structural safety issues, and police department in regards
    to range clearance and other safety factors associated with firearms or other projectile hurtling devices.
    (2) The municipal officers may withhold a permit under the following conditions:
        a. The structure or facility found to be unsatisfactory (see appropriate section in Firearms Ordinance);
        b. There is inadequate parking;
        c. The noise level of the facility will adversely affect the surrounding area.
(d)    Bowling lanes. A person or persons operating a facility principally or primarily for bowling, to include candle pin,
must obtain a license under the provisions of this chapter.
    (1) A request for a license under this section will be conditioned on the satisfactory inspection of the facility by the
    city inspections department and the fire department to insure structural safety issues.
    (2) The municipal officers may withhold a permit under the following conditions:
        a. The structure where the event is to be held is found to be unsatisfactory;
        b. There is inadequate parking; or
        c. Other issues raised to the municipal officers and determined to be adverse to the public health or safety or
        welfare.
(Ord. of 4-21-98(4))
Sec. 22-23. Automobile service/repair garage.
(a)      Garages for maintenance/operation. To further the city's goal to protect the health, safety and welfare of the
citizens of the city, each person owning and/or operating a garage or facility engaged in the business of servicing/repairing
motor vehicles for the general public shall annually obtain a license to conduct such business from the city clerk and pay
the fee prescribed in section 22-11.

                                                              ~9~
      (1) The city clerk may issue a license for a garage only after the facility has been inspected by all appropriate
      departments and other required approvals have been obtained (such as planning board).
      (2) Licenses for these uses will be conditional on the following:
          a. Fire department approval/safety inspection.
          b. No storage of repair parts or parts vehicles in front yard area.
          c. Outdoor storage area will be screened from public view.
      (3) Licenses under this section may not be issued/renewed, and may be voided by the municipal officers if there are:
          a. Out-of-doors storage of vehicles or parts that disrupt the character of the neighborhood in which the garage is
          located; or
          b. Other issues raised to the municipal officers and determined to be adverse to the public health or safety or
          welfare.
(b)       Automobile junkyards/graveyards.
      (1) No person or firm will operate an automobile junkyard or automobile graveyard without first obtaining a license
      from the municipal officers.
      (2) Automobile junkyards and graveyards must comply with local zoning requirements and applicable state statutes.
      Where there is a conflict in regulations, the stricter provisions shall apply.
      (3) The city clerk may issue a license for a garage only after the facility has been inspected by the building inspector
      and the fire department and other required approvals have been obtained (such as planning board).
      (4) Licenses for these uses will be conditional on the following:
          a. Fire department approval/safety inspection.
          b. No storage of repair parts or parts vehicles in front yard area.
          c. Outdoor storage area will be screened from public view.
      (5) Licenses under this section may not be issued/renewed, and may be voided by the municipal officers if there are:
          a. Out-of-doors storage of vehicles or parts that disrupt the character of the neighborhood in which the garage is
          located; or
          b. Other issues raised to the municipal officers and determined to be adverse to the public health or safety or
          welfare.
(Ord. of 4-21-98(4))
Sec. 22-24. Places/dealers in products.
(a)       Dealers in gold jewelry, junk dealers/recycling, secondhand dealers, seller of used goods.
      (1) Purpose: In order to protect the welfare of the citizens of the City of Biddeford, the municipal officers require that
      all businesses or firms selling, dealing or distributing gold jewelry, junk or secondhand goods to obtain a license and
      operate under the provisions of this section.
      (2) Recordkeeping.
          a. Junk dealers and junk collectors. A junk dealer or junk collector, upon acquisition of any article described in
          this article, shall keep a permanent record of such transaction, which must include a full, accurate and detailed
          description of the item, along with the full name and address of the seller, the registration number of any vehicle
          used in the delivery of such item, and the time and date of the transaction. A copy of the record shall be delivered
          to the detective division of the police department within seven days thereafter, unless earlier delivery is requested
          by a police officer. Such dealer must retain the original record of the transaction, which may be inspected by a law
          enforcement officer upon request. The article therein listed may also be inspected during the time it remains in the
          possession, custody or control of the dealer.



                                                               ~10~
        b. Secondhand dealers. Each secondhand dealer, upon the acquisition of any article by either purchase or
        exchange, shall complete duplicate transaction records, blanks for which will be furnished by the chief of police,
        stating the full name, address, month, day and year on which the transaction took place, as well as a full and
        detailed description of each article so purchased or exchanged, with the price paid therefore, and cause such
        record to be signed by the seller in person. A copy of the record shall be delivered to the detective division of the
        police department within seven days thereafter, unless earlier delivered to a duly authorized police officer upon
        request. The secondhand dealer shall retain the other copy of the record on file for a period of not less than two
        years, during which time the record may be inspected at any reasonable time by a law enforcement officer. No
        articles so purchased shall be sold or otherwise disposed of or changed or altered in their appearance or otherwise
        within 72 hours after purchase thereof, except with the written consent of the chief of police or his designated
        representative. The chief of police may impose reasonable conditions for the granting of such consent.
        Any person who is licensed as a secondhand dealer must also obtain a flea market dealer's license if that
        secondhand dealer participates in more than six flea markets during the time period stated in this section.
        Secondhand dealers so licensed must comply with the requirements of the secondhand dealer's license, as well as
        the provisions of this section.
        c. Transient seller of secondhand goods. Each transient seller of secondhand goods will adhere to the
        recordkeeping guidelines as set forth in subsection (c) of this section. In addition to such requirements, the record
        shall include the location where the property is being kept or stored, and who has custody of such property.
    (3) License required. No person will engage in the business of dealing in gold jewelry, junk dealer, junk collector,
    secondhand dealer or transient seller of secondhand goods without first obtaining a license issued by the city for such
    activity.
    (4) Penalty. A person who violates the provisions of this section commits a civil infraction, for which a maximum
    penalty of $100.00 for each occurrence will be imposed. For the purpose of this article, each day any person operates
    contrary to the provisions of this section is a separate violation.
    (5) Disqualification. The municipal officers may withhold a permit under the following conditions:
        a. The structure where the event is to be held is found to be unsatisfactory;
        b. There is inadequate parking; or
        c. Other issues raised to the municipal officers and determined to be adverse to the public health or safety or
        welfare.
(b)      Flea markets. A person who provides tables, space, or otherwise operates a flea market must obtain a license from
the city clerk for such flea market.
    (1) The operator of the flea market shall report the names and addresses of all flea market dealers in such flea market,
    and the number of times the dealer has participated in the flea market since the previous March 1, to the city clerk
    within three days after such flea market.
    (2) The operator of the flea market must maintain a vendor list which shall be made available for inspection upon the
    request of a police officer.
    (3) In addition, the operator of a flea market will cause each flea market dealer to register on a form prescribed by the
    city clerk, and shall give the clerk a copy of such registration.
    (4) Purchasing of goods by a flea market dealer from any person, except another flea market dealer at the flea market
    prior to the opening of the flea market to the general public, is prohibited.
        a. Food will not be sold at a flea market unless all applicable licenses have been obtained.
        b. Any person selling or working at the tables at more than six flea markets between March 1 and the last day of
        February of each year must obtain a flea market dealer's license.
    (5) Related persons working at the same table or tables need only obtain one flea market dealer's license, which must
    list all the persons involved in selling. As used in this section, "related person" shall mean and include persons who
    are related by either affinity or consanguinity and reside at the same address.


                                                            ~11~
      (6) A person who sells only craft items made by the flea market dealer is not required to obtain a flea market dealer's
      license.
      (7) The flea market operator shall exclude from participation in any flea market any person who the operator knows is
      required to obtain a flea market dealer's license and does not present proof of such licensing, or who the operator
      knows has been barred from selling under this section.
      (8) A person under the age of 18 years will not be permitted to sell goods or work as a flea market dealer unless
      permission has been given by that person's parents or legal guardian.
      (9) A person who is determined by the municipal officers to have violated any provision of this section may be barred
      from selling at a flea market for a period of not more than one year. Any person so charged will be afforded notice
      and an opportunity to be heard prior to being so barred.
      (10) All parking shall be in accordance with all applicable zoning and state laws.
(c)     Hawkers, peddlers, itinerant vendors. Applicants for a license under this section will provide information
regarding the manner of displaying products and a general listing of products to be sold or presented.
Licenses under this section will not be withheld based on the types of products unless such products pose a hazard to
public health, safety or welfare.
Licenses granted under this section may be voided by the municipal officers under the following conditions:
      (1) Excessive complaints based on noise or other situations that result in police reports.
      (2) Unsafe situation identified by the reviewing city departments.
(Ord. of 4-21-98(4))
Sec. 22-25. Pawnbrokers.
(a)    Purpose: In order to protect the welfare of the citizens of the City of Biddeford, the municipal officers require that
pawnbrokers obtain a license and operate under the provisions of this section.
(b)      Purchase from minor prohibited: A pawnbroker will not either directly or indirectly purchase or receive by way of
barter or exchange any goods or articles of value from a person who has not attained the age of 18 years.
(c)      Recordkeeping: Each pawnbroker, at the time of receiving any article pawned, pledged or received in exchange,
or any other article or consideration, shall give the pawnor a statement that the pawnbroker will return the article at a
stipulated price which shall be computed in accordance with the requirements of 30-A M.R.S.A. 3960 et seq. and shall
complete in duplicate a sworn statement, blanks for which shall be furnished by the chief of police, stating the full name,
age, sex and address of the person with whom the transaction is being made, the day and hour when the transaction took
place, and a full, accurate and detailed description including all distinguishing marks and numbers of each article so
pawned, pledged or exchanged so as to make its identification certain and plain; list the fair market value thereof and the
price paid by the licensee; the source from which and the time when the pawnor, pledge or vendor procured such article,
and cause such statement to be signed and sworn in duplicate by the person with whom such transaction has been made.
Prior to the hour of 10:00 a.m. of the next business day following the transaction, the pawnbroker shall deliver or cause to
be delivered at the office of the chief of police one of such duplicate sworn statements, which is to be kept on file by the
police department. The pawnbroker shall retain the other statement, which together with any article therein listed may be
inspected by any law enforcement officer at any time. Articles purchased outright by pawnbrokers must be retained at the
place of business for not less than 72 hours after the purchase, unless sooner released by the chief of police. No article
pawned, traded or sold shall be altered or changed until opportunity has been given for inspection by the chief of police.
(d)     Display of license, regulations, sign: In addition to the display of licenses required by section 22-31 of all
licensees, each pawnbroker shall post in a conspicuous location within the place of business a copy of the state statutes, a
copy of this article, and will further display within the place of business a sign, legibly inscribed in large letters in the
English language, stating the name and occupation of the pawnbroker.
(e)     Penalty: A person who violates the provisions of this section commits a civil infraction, for which a maximum
penalty of $100.00 for each occurrence will be imposed. For the purpose of this article, each day any person operates
contrary to the provisions of this section is a separate violation.
(f)       Disqualification: The municipal officers may withhold a permit under the following conditions:

                                                             ~12~
      (1) The structure where the event is to be held is found to be unsatisfactory;
      (2) There is inadequate parking; or
      (3) Other issues raised to the municipal officers and determined to be adverse to the public health or safety or welfare.
(Ord. of 4-21-98(4))
Sec. 22-26. Operating licenses.
(a)       Innkeepers/tavernkeepers.
      (1) License: No person may be a common innkeeper or tavernkeeper without a license. A person who violates this
      section commits a civil violation for which a forfeiture of not more than $50.00 may be adjudged. The operation of a
      common inn or a tavern without the license required by this section constitutes a nuisance, and the city solicitor is
      authorized to seek injunctive relief, if necessary. The city may recover its attorney's fees in any enforcement
      proceedings.
      Licenses issued under this article may not be assigned, and are specific to the location for which the license was
      issued.
      (2) Application: A person or firm operating as a common innkeeper or tavernkeeper, will obtain a license from the
      city clerk's office.
          a. A request for a license under this section will be conditioned on the satisfactory inspection of the facility by the
          city inspections department and the fire department to insure structural safety issues.
          b. The municipal officers may withhold a permit under the following conditions:
                  1. The structure where the event is to be held is found to be unsatisfactory;
                  2. There is inadequate parking; or
                  3. Other issues raised to the municipal officers and determined to be adverse to the public health or safety
                  or welfare.
(b)       Taxicabs, motorbuses, public automobiles and motor vehicles for hire.
          (1) Purpose: In an effort to provide for the health, welfare and safety of the citizens of the City of Biddeford, a
          person or firm operating motor vehicles for the conveyance of members of the public, exclusive of freight,
          operating regularly in the city must obtain a license.
          (2) License required: No person or firm will operate a vehicle subject to these provisions without first having
          obtained a license from the City of Biddeford, excluding nonprofit service, transit authority or municipal vehicles.
          (3) Application: A person applying for a license under this provision shall complete forms provided by the city
          clerk's office and provide the following information:
                  a. The name and address of the firm to include name of owner or corporate executive and telephone
                  numbers;
                  b. Make and types of all vehicles to operate in the city, including state license numbers;
                  c. Certificate or other evidence of liability insurance covering all vehicles and drivers.
(c)       Victualers.
          (1) License: No person may be a victualer without a license. A person who violates this section commits a civil
          violation for which a forfeiture of not more than $50.00 may be adjudged. Operating a victualer's establishment
          without the license required by this section constitutes a nuisance, and the city solicitor is authorized to seek
          injunctive relief, if necessary. The city may recover its attorney's fees in any enforcement proceedings.
          Licenses issued under this article may not be assigned, and are specific to the location for which the license was
          issued.
          (2) Application: Any person or firm operating, or sponsoring, a facility preparing and selling food or nonalcoholic
          beverages to the public on a regular basis will obtain a license from the city clerk's office.

                                                              ~13~
                 a. Any request for a license under this section will be conditioned on the satisfactory inspection of the
                 facility by the city inspections department and the fire department to insure structural safety issues.
                 b. The municipal officers may withhold a permit under the following conditions:
                      1. The structure where the event is to be held is found to be unsatisfactory;
                      2. There is inadequate parking; or
                      3. Other issues raised to the municipal officers and determined to be adverse to the public health or
                      safety or welfare.
(d)      Massage/massage therapists.
      (1) Massage.
         a. Purpose: The purpose of this article is to regulate the operation of massage establishments in order to promote
         the public health, safety and general welfare.
         b. Exemptions: The following persons shall be exempt from this article if duly licensed by and while practicing
         their respective professions in accordance with the laws of this state: Physicians, physician's assistants, surgeons,
         osteopaths, nurses, chiropractors, physical therapists, barbers, cosmetologists, beauticians, and other health and
         hygiene professionals.
         c. Penalty for violation of article; abatement of violation: The violation of any provision of this article is
         punishable by a fine as prescribed in section 1-12 for each offense. Each act of violation and every day upon
         which any such violation occurs constitutes a separate offense. In addition to such penalty, the city may enjoin or
         abate any violation of this article by appropriate action.
         d. Massage tables: A therapeutic massage shall be administered on a massage table, treatment table or treatment
         mat, with a personalized sanitary cover for each patron.
         e. Maintenance and cleaning of establishment: Each person who conducts or operates a therapeutic massage
         establishment shall keep such establishment at all times in a clean and sanitary condition. All instruments,
         supplies and devices of any kind, or parts thereof, that come into contact with the human body shall be kept clean
         by a modern and approved method of cleaning.
         f. Prohibited activities:
             1. No massage therapist shall administer a massage to a patron whose genitals are exposed.
             2. No massage therapist shall administer or agree to administer a massage to the genitals or anus of a patron.
             3. No massage therapist shall administer a massage unless fully clothed with nontransparent clothing such as
             a medical smock.
         g. Closing hours: No massage establishment may remain open for the administration of a massage between the
         hours of 12:00 midnight and 6:00 a.m.
         h. Supervision of massage establishment: At all times when open for business, a therapeutic massage
         establishment shall have upon the premises a licensed massage therapist or person who possesses a combination
         massage establishment/massage therapist license who shall be available to supervise the operation of the
         establishment and assure that no violations of this article occur.
         i. List of massage establishment employees: The therapeutic massage establishment shall keep upon the premises
         a written list of the names and current addresses of all persons working within the establishment, both on duty and
         off-duty. Such a list shall be available to the chief of police, his authorized deputy, the city clerk or city clerk's
         representative, upon request.
         j. Licenses required:
             1. Therapeutic massage establishment license. No person may operate a therapeutic massage establishment
             without a valid therapeutic massage establishment license. A separate license is required for each such
             establishment.


                                                             ~14~
    2. Massage therapist license. No person may work as a massage therapist without a valid massage therapist
    license or a combined massage establishment/therapist license.
    3. Combined massage establishment/therapist license. A sole practitioner who employs no massage therapist
    other than himself may apply for a combined massage establishment/therapist license in lieu of both a
    therapeutic massage license and a massage therapist license.
    4. Conditional massage therapist license. For the purpose of allowing an applicant for a license under
    subsection (b) or (c) of this section who is otherwise qualified to obtain such a license, to comply with this
    chapter, a conditional massage therapist license may be issued under the following conditions:
        i. All provisions of this chapter shall apply to a licensee under this subsection (d) except section (n)(2),
        below.
        ii. Licensees under this subsection (d) shall designate one massage therapist or combined massage
        establishment/therapist licensed by the city as the supervisor for such licensee.
        iii. Licensees under this subsection (d) may designate no more than one licensed supervisor pursuant to
        subsection (d)(2) unless such licensed supervisor shall voluntarily surrender his license.
k. Fees: License fees under this article are as set out in section 22-11.
l. Denial of license: The city clerk shall make and keep a written record of every decision to deny an application
for any license under this article.
m. Grounds for suspension or revocation of license:
    1. All licenses. A license may be suspended or revoked after hearing by the municipal officers upon
    determination that the licensee:
        i. Failed to notify the city clerk of any change in material fact set forth in the application for such license;
        ii. Violated any provision of this article; or
        iii. Is convicted of a disqualifying crime.
    2. Therapeutic massage establishment or combined establishment/therapist license. In addition to the
    provisions of subsection (a) of this section, either a massage establishment license or combined massage
    establishment/therapist license may be suspended or revoked upon a determination that the licensee:
        i. Permitted a person to perform therapeutic massage without a valid license to do so;
        ii. Permitted or allowed an employee, massage therapist or conditional massage therapist to violate any
        provision of this article on the premises of the establishment or in the course of conduct of the business of
        the establishment; or
        iii. Knowingly permitted any violation of 17-A M.R.S.A.§ 51-855. Such knowledge shall be presumed if
        there have been two or more convictions for any such offense within any one-year period. The applicant
        or licensee may rebut such presumption by showing that (i) due diligence was used to prevent the
        recurrence of any such offense, and (ii) despite such diligence, he did not know and could not reasonably
        have known of any subsequent offense.
n. Application for licenses: A person desiring a license pursuant to this article shall file a written, signed
application with the city clerk on a form to be furnished by the clerk. An application for a combined massage
establishment/therapist license, a massage therapist license or a conditional massage therapist license shall be
accompanied by two front face photographs of the applicant taken within 30 days of the application, of such size
that the clerk may specify. The clerk shall present any completed application to the municipal officers for
processing and decision.
o. Qualifications of applicant for license: Each applicant for a massage therapist license or combined massage
establishment/therapist license shall show proof of basic proficiency in the field of massage therapy which may be
satisfied by:
    1. Evidence of completion of a formal training course in massage therapy given by a recognized school;


                                                      ~15~
              2. Evidence of 100 hours of on-the-job training in therapeutic massage performed in the presence of a
              person holding a valid massage therapist license or a combined massage establishment/therapist license issued
              by the city;
              3. Evidence of continuous practice as a massage therapist for at least one year, accompanied by the written
              recommendation from at least three health care professionals holding a valid license or certification within the
              state, including, but not limited to, physicians, surgeons, physician's assistants, osteopaths, chiropractors,
              nurses, physical therapists, massage therapists, psychiatrists, psychologists, and counseling professionals; or
              4. Evidence of a successful completion of a certifying exam given by another municipality or state, or of the
              certifying exam given by the American Massage Therapy Association.
          p. Obtaining license by fraud:
              1. No person shall make any false, untruthful or fraudulent statement, either written or oral, or in any way
              conceal any material fact, or give or use any fictitious name in order to secure or aid in securing a license
              required by this article. All names, including but not limited to maiden name, ever used by the applicant must
              be noted on the application.
              2. Any license falsely or fraudulently secured, as described in subsection (1) of this section, shall be void.
          q. Unauthorized use of license: No person shall make use of, in any manner, to his own or another's benefit, any
          license which has not been duly issued to him in accordance with this article.
          r. Compliance of existing therapist and massage establishments; expiration of licenses:
              1. A person presently operating as a massage therapist and/or operating a massage establishment in the city
              on the effective date of the ordinance from which this article derives shall comply with the terms of this
              article by obtaining a license under this article within three months of such effective date.
              2. A license issued pursuant to this article expires at the end of the calendar year for which it was issued.
      (Ord. of 4-21-98(4))
Sec. 22-27. Miscellaneous.
(a)       Newspaper vending machines.
      (1) Permit required: The code enforcement officer shall review written requests for the placement of newspaper
      vending machines at any public location. Permits issued for such purpose will be for a period of one year. Applicants
      may request an annual extension of the original permit.
      (2) Number limited: No more than three machines shall be clustered, or located, in any given location or within 100
      yards of such a cluster.
      (3) Location: Newspaper vending machines shall be so located that pedestrian and vehicular safety is not endangered.
      As part of the written request for locating a newspaper vending machine, the applicant shall provide an exact
      description of the proposed location. If the proposed location is adjacent to a specific business, the applicant shall
      request permission from the owner/operator of the business to place the vending machine at that location.
      (4) Maintenance: The vendor is responsible for keeping the newspaper vending machine, and the area immediately
      adjacent to the machine, clean and free of litter.
      (5) Responsibilities of vendor; liability insurance: The vendor, in acknowledgment of receipt of a permit under this
      article, shall assume all responsibility for the care, maintenance, repair, damage, destruction, or loss of the vending
      machines. The vendor shall also agree to indemnify and hold the city harmless for that portion any liability, losses or
      claims made by any third person against a vendor and/or the city for any damages or injuries proximately caused by
      the negligent acts or omissions of the vendor. The vendor shall provide, at its expense, and keep in force during the
      term of its contract, with a responsible insurance company or companies authorized to do business in the state,
      commercial general liability insurance in the amount of at least $1,000,000.00. The vendor agrees to deliver
      certificates of such insurance to the city at the time of application.
      (6) Removal of machines; notice: The city reserves the right to have any specific vending machine or device removed
      by the applicant if such machine or device is in violation of this article. The permittee shall be notified in writing of

                                                             ~16~
      the city's decision to have the machine removed and the specific reasons for such actions. The permittee shall have
      seven days to remove the machine.
(b)      Video game devices. To limit congestion in places of business that may pose a safety hazard to the general public,
the city will license video devices and other standing game machines.
      (1) License: Persons or firms that propose to operate video game devices must obtain a license from the city clerk.
      (2) Application: The applicant will provide the information of the location and number of machines on the
      application.
      (3) Withholding permit: The municipal officers may withhold a permit under the following conditions:
          a. The structure or facility found to be unsatisfactory;
          b. There is inadequate parking; or
          c. Other issues raised to the municipal officers and determined to be adverse to the public health, safety or
          welfare.
(c)    Wastehaulers. A wastehauler shall meet the requirements as set forth in the City of Biddeford's Solid Waste
Ordinance.
(d)    Sludge disposal. A sludge disposal operator shall meet the requirements as set forth in the City of Biddeford's
Waste Management Ordinance.
(Ord. of 4-21-98(4))
Sec. 22-28. Other.
(a)       Vendors on public places.
      (1) Purpose: This article is designed to establish a uniform procedure, and standards of review, to enable the
      municipal officers to make determinations on applications for licenses to sell goods from ways, public places and
      waterways within the city.
      This article is adopted under the authority of 30-A M.R.S.A. 3001, 3009 and 3931, and is also intended to be enforced
      as a land use regulation within the meaning of 30-A M.R.S.A. 4452.
      a. License required: No person or business will be allowed to sell items or food from public ways or other public
      property without first having obtained a license from the municipal officers.
      b. Other applicable licenses as may be required.
      c. This provision shall not apply to nonprofit organizations vending on public places during special recognized
      events declared by the municipal officers.
      (2) Application: A person seeking a license under this article may apply to the municipal officers on such form as the
      municipal officers shall require. Copies of application forms shall be available in the office of the city clerk.
          a. Applications shall include the following information:
              1. The name and address of the applicant.
              2. A specific description of the ways, public places, or portions thereof in which the proposed activity would
              be conducted.
              3. A specific description of the vehicle or structure to be used, including dimensions.
              4. A statement describing the applicant's prior experience conducting the activity.
              5. A statement that the applicant, if licensed, agrees to sign a vending agreement in the form set out at
              subsection 22-28(a)(7).
          b. The application for a license under this article must be accompanied by a nonrefundable application fee of
          $10.00 applicable, plus if the license is granted, a fee of one cent ($.01) per square feet, per day, of property
          dedicated to the use.


                                                              ~17~
   (3) Bidding. The municipal officers, within its discretion, may award licenses under this article through a bidding or
   other appropriate process if more than one applicant seeks a license for a particular location. The municipal officers
   may also, after notice and hearing, restrict or prohibit the sale of goods from any way or public place by limiting the
   number of licenses awarded, in order to protect the public health, safety and welfare and to accomplish the objectives
   of this article. Any restriction or prohibition created under this subsection may be applied to any application pending
   at the time the restriction or prohibition is created.
   (4) Standards for issuance of license: The municipal officers may only grant a license under this article, after
   conducting a hearing, when the applicant has demonstrated that:
       a. The proposed activity will be in compliance with all applicable state and federal laws or regulations.
       b. The proposed activity will not have a significant detrimental effect on the use and peaceful enjoyment of
       abutting property as a result of noise, vibrations, fumes, odor, dust, glare or other cause.
       c. The proposed activity will not create hazards to safety by interfering with vehicular or pedestrian circulation.
       d. The applicant is of good character and, through experience or education, is able to conduct the proposed
       activity in accordance with the standards of his trade.
       e. The applicant can comply with the terms of the vending agreement.
       f. The application relates to a location that would be appropriate due to lack of businesses in the vicinity which
       sell similar goods.
       g. An applicant for vending on waterways will be required to locate outside of channels and anchorage areas and
       only in areas designated by the harbormaster. Any vendor using a mooring for vending on waterways shall be
       required to provide a mooring at least 20 percent larger than required by Chapter 74, Section 80 (d) of the Revised
       Code of Ordinances of the City of Biddeford. All other requirements of said Chapter 74 shall apply. A vendor on
       waterways shall vend only when moored. Vending on waterways shall be restricted to the hours of 7:00 a.m. to
       9:00 p.m. and shall be permitted only from May 15 to September 15. Any vessel or platform used for vending on
       waterways shall meet all federal, state and city safety requirements. Vendors on waterways shall show evidence of
       required permitting by the U.S. Coast Guard, State of Maine Department of Marine Resources and the City of
       Biddeford Harbormaster.
   (5) Conditions: The municipal officers may attach such conditions to the granting of a license under this article that it
   finds reasonably necessary to ensure that the proposed activity complies with the standards listed in this section.
   The municipal officers may consider other factors and conditions to granting of a license where vendor activity, is
   fixed or mobile, is deemed incompatible with proposed location, in number of vendors, seeking licenses would
   change character of the surrounding neighborhood, or the product to be vended is deemed to provide unfair
   competition to other businesses.
   (6) Application of state law: If the state law requires a state license for a proposed activity, the municipal officers may
   require that the state license be obtained prior to setting a date for any public hearing under this article. If the state law
   imposes additional licensing requirements on the proposed activity, which requirements are to be implemented by the
   municipal officers, the municipal officers may conduct a single proceeding, under this article, to consider state law
   requirements and the provisions of this article. If state law creates exclusive licensing requirements for the proposed
   activity, the provisions of that law shall govern.
   (7) Form of agreement: No license under this article becomes effective until the licensee has entered into the
   following agreement a vending license agreement with the city. Such agreement shall be signed by the city manager
   and witnessed by the city clerk.
   (8) Revocation: The municipal officers may revoke any license granted under this chapter as provided herein.
(Ord. of 4-21-98(4); Ord. No. 2000.54, 7-5-00)
Secs. 22-29--22-35. Reserved.


ARTICLE IV. PROHIBITED CONDUCT
Sec. 22-36. Adult reading material.
                                                            ~18~
The purpose of this section is to regulate the sale of books, photographs, magazines, periodicals or newspapers of an adult
nature to certain specified and designated areas of business establishments in the city.
(1)      Prohibitions: It is unlawful for any business establishment to display or cause to be displayed for sale:
photographs, covers of magazines, newspapers, periodicals or other printed matter which expose or show genitals, pubic
hair, buttocks, perineum, anus or female breasts at or below the aureole thereof, unless displayed in a specially designated
adult area in such business establishment and not visible to children or disinterested adults entering such business
establishment. It shall be unlawful to sell, offer for sale or procure for a minor any magazine, newspaper, periodical or
other printed matter which is labeled as adult reading material.
(2)     Penalty: Any violation of this article is punishable by a fine as prescribed in section 1-12 for each offense. Each
day that such violation continues shall be considered a separate offense.
In addition to any other penalty provided by the law, the commission of acts prohibited by this article shall constitute a
nuisance and may be abated by the city seeking an injunction to prohibit further and continued violation thereof.
(Ord. of 4-21-98(4))
Sec. 22-37. Nudity in places of entertainment.
(a)     Purpose: This article is to regulate nudity as a form of commercial exploitation and to regulate dress as a form of
conduct and not to impede the free exchange and expression of ideas. The conduct regulated is that which the citizens and
members of the municipal officers of the city have clearly found to be offensive to the general welfare, public welfare,
public safety, order and morals of the city and its citizens.
(b)       Prohibitions:
      (1) It is unlawful for a person, while acting as a salesperson, waiter, waitress, entertainer or in any other capacity as
      an owner, manager or employee in a business subject to license under the ordinances of the city to:
          a. Expose his genitals, pubic hair, buttocks, perineum or anus;
          b. Expose any portion of the female breasts at or below the aureole thereof; or
          c. Expose himself simulating nudity electronically and/or electrically.
      (2) It is unlawful for a person to cause, permit, procure, counsel or assist any person to expose himself as prohibited
      by subsection (b)(1) of this section.
      (3) Entertainment outlined in this section is not allowed in any establishment unless such establishment has a current
      victualers and or entertainment license issued by the municipal officers.
(c)     Notice to be filed: The owner or agent of the owner of a business establishment must notify the city clerk when
nude entertainment will be scheduled at least two weeks prior to the event. This notification will include time and date of
the proposed entertainment.
(d)       Penalty for violation of article; abatement of nuisance:
      (1) Any act made unlawful by this article and any violation of this article is punishable by a fine as prescribed in
      section 1-12 for each offense. Each day that such unlawful act or violation continues shall be considered a separate
      offense.
      (2) In addition to any other penalty provided by the law, the commission of acts prohibited by this article shall
      constitute a nuisance and may be abated by the city seeking an injunction to prohibit further and continued violation
      thereof.
(Ord. of 4-21-98(4))
Sec. 22-38. Adult businesses.
(a)     License. No person shall operate or maintain an adult business, as defined by the city land use regulations,
without first having obtained a license and paying the fee therefore.
(b)       Application and information. Every applicant for an adult business license shall:
      (1) Complete and file an application on a form prescribed by the city clerk.

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      (2) Deposit the prescribed license fee in advance with the city clerk.
      (3) Submit the completed application to the city clerk, together with attested copies of the articles of incorporation
      and bylaws, if the applicant is a corporation, or articles of association and bylaws if the applicant is an association, as
      well as a list of all officers of the adult business.
      (4) File an affidavit which will identify all officers and their places of residency at the present time and for the
      immediately preceding three years.
      Submission of false information in an application for a license shall be in violation of this article and such act shall be
      grounds for the denial of the application.
(c)      Qualification of officers. All officers, directors, stockholders, owners, managers or persons with a financial
interest in an adult business shall meet the following qualifications: Never have been convicted of a class A, B, or C crime
nor of violating any of the gambling, prohibitive liquor or sexual offense laws or any other disqualifying crime (as defined
in section 22-2) either of the United States or of Maine or any other state, within five years immediately preceding the
date of application. Each such officer shall file the release authorized by 16 M.R.S.A. § 620(6), criminal history record
information act, with the application. Failure to provide such a release shall be grounds for denial of the application.
(d)      Inspection of premises to be licensed; reports. The code enforcement officer shall verify that the premises of the
proposed adult business comply with the applicable ordinances of the city, including, but not by way of limitation, the
building code, electrical code, plumbing code, and zoning ordinance, and shall report his findings in writing to the city
council.
(e)       Notice of hearing.
      (1) After receipt of the written reports required by section 22-191, the city clerk shall give notice of the public
      hearings on applications for an adult business in the form and manner and to the persons specified in this section. The
      notice shall include the time and place of such hearing, the nature of the matter to be heard, and the address or
      location of the property involved. Where notice by mail is required, it shall be mailed at least seven days in advance
      of the hearing date by regular United States mail.
      (2) Notices for hearings under this section shall be given by publication in a newspaper of general circulation in the
      city at the applicant's prepaid expense at least six consecutive days before the date of hearing. Notice to the owners of
      all the property within 2,000 feet of such parcel or tract shall be by mail.
      (3) For the purpose of this section, the "owners of property" shall be considered to be the parties listed by the tax
      collector of the city as those against whom taxes are assessed. Failure of any property owner to receive a notice of
      public hearing shall not necessitate another hearing and shall not invalidate any action of the city council.
(f)     License not transferable. A separate license must be obtained for each branch or separate establishment of an adult
business. Each license shall authorize the operation of such establishment only at the location described in such license
and in conformity with all applicable ordinances and law. No license shall be transferred to another person or to any other
location.
(g)       Display of license. Every adult business shall exhibit its license at all times in a conspicuous place on its premises.
(h)     Illegal activities. No licensee under this article shall knowingly permit any illegal activities to take place on the
licensed premises.
(i)     Right of inspection. The applicant or licensee, his agents and employees, shall allow access to the adult business
by the code enforcement officer, fire chief and any law enforcement officer or their designated assistants or agents for the
purposes of inspecting the premises and ensuring that no violation of this article or any law is taking place.
(j)       Suspension or revocation of license. A license to operate an adult business, as provided for by this article, may be
denied, suspended or revoked by the city council for either violation of or failure to comply with any of the provisions of
this article. Determination of the severity of the violation and whether or not a denial, suspension or revocation is
warranted shall be made by the city council, after notice and hearing. An appeal from any final decision of the city council
may be taken by the applicant to the state superior court in accordance with the provisions of Rule 80B of the Maine
Rules of Civil Procedure.



                                                               ~20~
(k)     Penalty for violation of article. In addition to any action which the city council may take, violation of any
provision of this article shall be a civil violation and a fine not exceeding the amount of section 1-12 may be imposed.
Each day that a violation continues will be treated as a separate offense.
(Ord. No. 99.97, 11-16-99)
Secs. 22-39--22-45. Reserved.




ARTICLE V. PUBLIC MARKETS*
Sec. 22-46. Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
(a)   Biddeford Public Market is a venture, to be created and administered by the Downtown Development
Commission, and shall be administered in accordance with this chapter.
(b)    Biddeford Public Market hours of operation shall not commence before 7:00 a.m. and shall end by 6:00 p.m. on
Saturday, Sunday and Mondays designated as a holiday, from May 1st to November 1st.
(c)    Day stall means a space within the Public Market area, which is available for rent on a daily basis and from day to
day. The hours of operation of day stalls shall be limited to the hours of operation of the Public Market.
(d)     Public market area is the public area known as City Square, and is further described as the public streets and
sidewalks within the area bordered by Adams and Main Streets, Adams Street to Jefferson Street and South Street from
Adams Street to Jefferson Street. The public market may also include all of the area known as the City Hall parking lot, as
authorized by the city manager.
(e)      Farm related products means any agricultural, horticultural, forest or other product of the soil or water, including,
but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and
fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, ornamental or vegetable
plants, nursery products, firewood and Christmas trees. Farm related products shall not include prepared foods which
require separate licensing.
(f)      Public market is a private venture that is distinguished from the Biddeford Public Market, and involves the sale of
products as defined in section 22-47.
(g)     Marine related products means any fresh or frozen fish and fish products, edible sea plants or other agricultural
items derived from the sea, seafood, shellfish, and sea salts.
(h)     Potentially hazardous food means any perishable food which consists in whole or in part of milk products, eggs,
custards, whole or ground meat, poultry, fish, shellfish, edible crustacean or other ingredients, including synthetic
ingredients capable of supporting rapid and progressive growth of infection or toxigenic micro-organisms.
(i)     Recurrent vendor means any individual or entity that rents a day stall for more than six days during any calendar
quarter at the public market.
(j)     Temporary vendor means any individual or entity that rents a day stall for six days or fewer, during any calendar
quarter at the public market.
(Ord. of 4-6-99)
Sec. 22-47. Designation and products sold.
The city council shall designate by order, the times and days during which certain public property may be used as a public
market. A public market shall be for the sale of fruit, vegetables, flowers, seedlings, plants and crafts. The following items
may also be sold, provided that the product is produced, processed or manufactured in an establishment licensed by the
department of agriculture to produce the item, and that the seller has produced, processed or manufactured the item: farm-
fresh eggs, provided that they are stored at or below 45 degrees Fahrenheit during transport to, and display at, the public
market, honey, jams, jellies, pickles, relishes, maple syrup, apple cider, packaged herbs or herb blend mixtures and pesto.
The following items may be sold, provided that the total amount of sales from all such items does not exceed 49 percent
of the total amount of sales made by the licensee at the public market: any other edible product that is a derivative of

                                                            ~21~
plants or produce grown by the licensee provided that the licensee also has a license from the department of agriculture.
Any baked goods sold at a public market must be individually or collectively wrapped while displayed and sold. In no
event shall any licensee sell at a public market any potentially hazardous foods, which includes any perishable food or
food product which consists in whole or in part of milk or any other ingredient capable of supporting rapid and
progressive growth of infectious and toxigenic microorganisms including, but not limited to, cream fillings in pies, cakes
or pastries; custard products; meringue-topped bakery products; or butter cream type fillings in bakery products.
(Ord. of 4-6-99)
Sec. 22-48. License required.
Except as otherwise provided for in section 22-49, a vendor in a public market, must be licensed in accordance with
"Vendors on Public Places" pursuant to chapter 22 article 3, section 22-28, of this Code.
(Ord. of 4-6-99)
Sec. 22-49. Biddeford Public Market licensing.
The Biddeford Public Market shall be responsible for obtaining a vendor on public place license from the city clerk, and
shall be responsible for all temporary and recurrent vendors.
The Downtown Development Commission shall remit to the city clerk a $100.00 vendor on public place license fee for
the Biddeford Public Market, per annum. Any additional fees collected by the Downtown Development Commission for
operation of the Biddeford Public Market shall be remitted to the city treasurer, and shall be accounted for in a special
revenue fund, and may be dispersed for expenses related to the operation of the Biddeford Public Market, at the direction
of the Downtown Development Commission.

A vendor renting a day stall at the Biddeford Public Market is not required to obtain a municipal license as long as the
following requirements are met:
(1)     No food item may be displayed for sale, or sold, at a day stall absent an appropriate license from the city unless
the vendor is selling fresh fruits or vegetables or has obtained a valid food license from the Maine Department of
Agriculture.
(2)      No potentially hazardous food may be displayed for sale, or sold, at a day stall at the Biddeford Public Market
unless it remains refrigerated at a temperature of 45 degrees Fahrenheit or below. Frozen foods shall remain at a
temperature required by state rule or regulation.
(3)    The Biddeford Public Market shall provide to the city clerk information necessary to allow the city to track
vendor participation at the Market. The Biddeford Public Market shall certify that vendors have obtained valid and current
commercial liability insurance in an amount not less than $300,000.00.
(4)     The Biddeford Public Market shall allow any city inspector who is on duty to access the premises at the Biddeford
Public Market, at any and all times, for the purpose of inspecting the premises, including day stalls, in order to determine
compliance with the provisions of this Code. It is a violation of these regulations for anyone to interfere with or prevent
such inspection.
(Ord. of 4-6-99)
Sec. 22-50. Street closure in public market area.
During the Biddeford Public Market hours of operation, the Downtown Development Commission is authorized to close
public streets to vehicular traffic within the area designated as the Public Market area, as defined in section 22-46. Public
sidewalks shall remain open to pedestrian traffic, and vendors shall not block access to building or driveway entrances.
Additionally, as authorized by the city manager, parking may be restricted on Adams Street from the intersection of
Adams Street and South Street to the driveway exit for the now or formally, Maine Bank and Trust Company, and on
South Street from Adams Street to Jefferson Street. All vehicles that are parked contrary to this article, or that are not
authorized to remain within the public market area may be towed at the owner's expense.
(Ord. of 4-6-99)
Sec. 22-51. Revocation or suspension.


                                                            ~22~
Pursuant to, and in accordance with the provisions of this chapter for public markets, the license of any person, who has
combined with any other licensee in the fixing or maintaining of a price, fraudulent use of weights or measures, or who
intentionally and knowingly deprives another licensee of the use of the latter's designated stall in the market, shall be
revoked by the city clerk. In addition, the license of any person who is found in violation of any other section of this
article may be suspended or revoked by the city clerk. Vendors renting a day stall at the Biddeford Public Market may
have their vendors privileges revoked by the Downtown Development Commission for violating any provisions of this
chapter.
(Ord. of 4-6-99)
Sec. 22-52. Penalty.
Notwithstanding the provisions of section 22-51, a person who violates this section commits a civil violation for which a
forfeiture of not less than $100.00 and not more than $200.00 may be adjudged.
(Ord. of 4-6-99)




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