ORDER
STANDISH TOWN COUNCIL
DATE: May 10, 2005
ORDER NUMBER: 69-05 SUBMITTED BY: Spencer
TITLE: AMENDMENT TO STANDISH TOWN CODE, AMENDMENTS RELATED TO REMOVING VICTUALER’S LICENSE APPROVAL FROM THE TOWN COUNCIL AGENDA, CHAPTER 3, ADMINISTRATIVE CODE, SECTION 3-32 AND CHAPTER 187, LICENSES AND PERMITS, MULTIPLE SECTIONS
The Town of Standish hereby ORDAINS the following amendments to the Standish Town Code effective immediately upon adoption:
The Administrative Code (Chapter 3) and Licenses and Permits (Chapter 187) of the Town of Standish shall be amended as follows (additions are underlined and deletions are Struck out.
§ 3-32. Duties of Town Clerk.
The Town Clerk shall:
N. Notify the Constable Town Manager on or within one week after the expiration date of each license or permit, when a new license or permit to take effect on such expiration date has not been applied for, except when the Town Clerk knows that no new license or permit is required.
Chapter 187, LICENSES AND PERMITS
§ 187-2. Duty of Town Clerk. [Amended 7-14-1992 by Order No. 96-92; 8-8-1995 by Order No. 68-95]
As agent of the Town Council, the Town Clerk is hereby authorized and directed to receive all applications required by this chapter unless otherwise specified. All applications for any license or permit shall be placed on the agenda for action by the Town Council unless otherwise specified, with the exception of bottle club licenses, victuallers' licenses, liquor licenses, tavern keeper, lodging house and innkeeper licenses, junkyard permits, special amusement permits, coin-operated device permits and bowling alley and pool room licenses, all of which shall require a public hearing. All other permits and licenses may be issued by the Town Clerk, subject to limitations on his/her authority. Hearing dates for all license and permit applications, initial and renewal, shall be
advertised a single time in a local newspaper unless current state law requires additional advertisement.
§ 187-4. Suspension or revocation.
Any license or permit issued under the licensing authority of the Town of Standish may be revoked or suspended as follows, unless otherwise required by statute.
A. Suspension and notification. The Town Manager shall, after receipt of a notice in writing from any department head or town employee charged with the issuing, supervision, monitoring, inspection or otherwise of any licensee that such license is in violation of any requirement of statute, ordinance, code, rule or regulation respecting such license, without hearing, suspend any licenses granted by the licensing authority as herein provided for a period of five days by means of a written notice of suspension delivered to the licensee or his or its agent in hand by a constable an agent of the Town of Standish. Such notice shall inform the licensee of the appeal procedure of such suspension. The suspension herein provided shall become a permanent suspension unless the licensee makes
his/her appeal to the licensing authority within said five-day period. Commencing on the sixth day, the licensee may continue to operate, pending the appeal.
§ 187-10. Bowling alleys, poolrooms and shooting galleries. [Amended 7-14-1992 by Order No. 96-92]
No person shall conduct, maintain or operate any place open to the public for bowling or for playing pool or billiards or for a shooting gallery without first obtaining a license. No such license shall be granted except upon the approval of the Constable Town Manager, the Code Enforcement Officer and the Fire Chief. Licenses shall be granted in accordance with and subject to the requirements of Title 8 M.R.S.A. Such licenses shall expire on the first day of May of each year unless sooner revoked.
§ 187-20. Carnivals, circuses and exhibitions.
A. No person shall conduct or operate any exhibition, performance, carnival, circus or show at which an admission fee is charged without first obtaining a license therefor approved by the Town Council. No such license shall be granted except upon certification of the Constable Town Manager, the Fire Chief and the Health Officer. Either the Town Manager or the Fire Chief, or both, may condition a certificate of approval upon the presence of one or more members of the Law Enforcement or Fire Department or some person or persons satisfactory to and under the direction of said Fire Chief or Town Manager, in which event such expense shall be reported to the Town Clerk as part of the certificate and shall be collected by the Town Clerk prior to the issuance of a license. [Amended
7-14-1992 by Order No. 96-92]
§ 187-14. Victuallers.
A. Any person engaging in the business of preparing and selling any food commonly consumed by persons, either on the premises or off the premises, shall be designated a "common victualler" for the purpose of this chapter and shall obtain a license therefor. The term "common victualler" shall include persons engaged in the restaurant, bakery, sandwich and delicatessen business. No such license shall be granted except upon certification of the Health Officer, Code Enforcement Officer, Constable Town Manager and Fire Chief. [Amended 7-14-1992 by Order No. 96-92]
§ 187-20. Carnivals, circuses and exhibitions.
A. No person shall conduct or operate any exhibition, performance, carnival, circus or show at which an admission fee is charged without first obtaining a license therefor approved by the Town Council. No such license shall be granted except upon certification of the Constable Town Manager, the Fire Chief and the Health Officer. Either the Town Manager or the Fire Chief, or both, may condition a certificate of approval upon the presence of one or more members of the Law Enforcement or Fire Department or some person or persons satisfactory to and under the direction of said Fire Chief or Town Manager, in which event such expense shall be reported to the Town Clerk as part of the certificate and shall be collected by the Town Clerk prior
to the issuance of a license. [Amended 7-14-1992 by Order No. 96-92]
§ 187-21. Motion pictures; theaters. [Amended 7-14-1992 by Order No. 96-92]
No person, firm or corporation shall operate an indoor or outdoor theater with live, filmed, electrical or electronic presentations without first obtaining a license therefor. No license shall be granted except on certification of the Constable Town Manager, the Code Enforcement Officer, the Fire Chief and the Health Officer.
APPROVED __________________ DISAPPROVED__________________
ROLL CALL YEA NAY ABSTAIN
CHRISTY _________________________________________________
HOPKINS _________________________________________________
LYMBURNER_______________________________________________
NESBITT _________________________________________________
POMERLEAU_______________________________________________
SIMPSON _________________________________________________
SPENCER _________________________________________________
COUNCIL CHAIR ______________________________
CLERK/SECRETARY ____________________________
Introduction – 5/10/2005
First Reading – 6/7/2005
Public Hearing – 712/2005
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