Document Lewiston_doc_38793d9f78

Lewiston Code Chapter 22 CH 22:1 Chapter 22 BUSINESSES* Article I. In General Sec. 22-1. Purpose and intent of chapter. Sec. 22-2. Definitions. Secs. 22-3--22-25. Reserved. Article II. Licenses Sec. 22-26. Complying with rules and regulations, paying fee, obtaining license prerequisite to doing business. Sec. 22-27. Violations; penalty. Sec. 22-28. License for each location required. Sec. 22-29. Procedure for application; payment of fees. Sec. 22-30. Business beginning after application date. Sec. 22-31. Authority to waive fees. Sec. 22-32. Applicants required to furnish information. Sec. 22-33. Investigation of applicants. Sec. 22-34. Inspection of applicant's premises, merchandise. Sec. 22-35. Compliance with rules and regulations required; approval, disapproval by city officials, council. Sec. 22-36. Licenses denied; appeal. Sec. 22-37. Issuance of licenses. Sec. 22-38. Display of licenses. Sec. 22-39. Change of location of licensed business. Sec. 22-40. Nontransferability. Sec. 22-41. Duration of licenses; expiration date. Sec. 22-42. Licensees responsible for compliance with rules, regulations; duty to cooperate with city officials. Sec. 22-43. City officials to notify police of violators; prosecutions. Sec. 22-44. Suspensions and revocations; hearings. Sec. 22-45. Exemptions to licensing provisions generally. Sec. 22-46. Schedule of fees. Sec. 22-47. Regulation of business days and hours of class E food service establishments. Sec. 22-48. Group care facilities. Sec. 22-49. Adoption of State of Maine Rules. Secs. 22-50--22-70. Reserved. Article III. Automobile Graveyards and Junkyards Sec. 22-71. Purpose. Sec. 22-72. Applicability. Sec. 22-73. Definitions. Sec. 22-74. Permit required. Sec. 22-75. Administration. Sec. 22-76. Penalty for violation of article. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:2 Secs. 22-77--22-95. Reserved. Article IV. Reserved Secs. 22-96--22-120. Reserved. Article V. Flea Markets Sec. 22-121. Purpose. Sec. 22-122. Defined. Sec. 22-123. Permit required; application. Sec. 22-124. Provisions of section 22-2 not applicable. Secs. 22-125--22-145. Reserved. Article VI. Food Service Establishments, Special Food Handlers, Mobile Units and Class A Lounges Division 1. Generally Sec. 22-146. Reserved. Sec. 22-147. License required. Sec. 22-148. Suspension of license; appeal. Sec. 22-149. Reserved. Sec. 22-150. Right to enter. Sec. 22-151. Certified Food Protection Managers. Secs. 22-152--22-165. Reserved. Division 2. Mobile Units Sec. 22-166. Intent and purpose. Sec. 22-167. Approval of health inspector/sanitarian, license required. Sec. 22-168. Display of license or permit. Sec. 22-169. Mobile units in streets and public places. Secs. 22-170--22-190. Reserved. Article VII. Junk Collectors, Pawnbrokers and Secondhand Dealers Sec. 22-191. License. Sec. 22-192. Account of business done and disclosure to consumer. Sec. 22-193. List of transactions; seller to furnish proof of identification. Sec. 22-194. Receiving articles from minors, thieves. Sec. 22-195. Retention of articles purchased. Sec. 22-196. Periodic inspections of junkyards. Secs. 22-197--22-220. Reserved. Article VIII. Mobile Home Parks Sec. 22-221. License required to operate. Sec. 22-222. Inspections; access. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:3 Sec. 22-223. Notices, hearings and orders. Sec. 22-224. Lot rent. Secs. 22-225--22-245. Reserved. Article IX. Peddlers Division 1. Generally Sec. 22-246. Use of streets. Secs. 22-247--22-255. Reserved. Division 2. License Sec. 22-256. Application. Sec. 22-257. Contents. Sec. 22-258. Exhibition of license. Sec. 22-259. Suspension and revocation. Sec. 22-260. Special event license. Secs. 22-261--22-280. Reserved. Article X. Sale of Personal Property from Residential Premises Sec. 22-281. Definitions. Sec. 22-282. Permit required; conditions. Sec. 22-283. Signs. Sec. 22-284. Exemption. Secs. 22-285--22-305. Reserved. Article XI. Solicitations Secs. 22-306--22-315. Reserved. Sec. 22-316. Required. Sec. 22-317. Application. Sec. 22-318. Issuance and duration. Secs. 22-319--22-340. Reserved. Article XII. Tattooing Division 1. Generally Sec. 22-341. Definitions. Sec. 22-342. Prerequisites to tattooing. Sec. 22-343. Tattooing procedure. Sec. 22-344. Care of instruments. Sec. 22-345. Inspection of tattooing establishment. Sec. 22-346. Licensed practitioners. Sec. 22-347. Penalty for violation of article. Secs. 22-348--22-360. Reserved. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:4 Division 2. License Sec. 22-361. Required. Sec. 22-362. Application fee. Sec. 22-363. License fee; expiration. Sec. 22-364. Right to appeal from suspension or denial; procedure. Secs. 22-365--22-382. Reserved. Article XIII. Massage Establishments and Massage Therapists Division 1. Generally Sec. 22-381. Title. Sec. 22-382. Purpose. Sec. 22-383. Definitions. Sec. 22-384. Exemptions. Sec. 22-385. General provisions to apply. Division 2. Licenses Sec. 22-386. Required. Sec. 22-387. Compliance of existing therapists and massage establishments. Sec. 22-388. License fee; expiration. Sec. 22-389. Application and information. Sec. 22-390. Qualifications of applicant, officers. Sec. 22-391. Investigation of applicant, officers. Sec. 22-392. Basic proficiency. Sec. 22-393. Obtaining license by fraud. Sec. 22-394. Use of license. Sec. 22-395. Standards for denial. Sec. 22-396. Grounds for suspension or revocation. Division 3. Operating Requirements Sec. 22-397. Licenses displayed. Sec. 22-398. Age restrictions. Sec. 22-399. Massage tables. Sec. 22-400. Maintenance and cleaning. Sec. 22-401. Prohibited activities. Sec. 22-402. Closing hours. Sec. 22-403. List of employees. Division 4. Penalties Sec. 22-404. Penalties. Secs. 22-405--22-409. Reserved. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:5 Article XIV. Outpatient Addiction Treatment Clinics Sec. 22-410. Purpose. Sec. 22-411. Applicability. Sec. 22-412. Definitions. Sec. 22-413. Application requirements. Sec. 22-414. Administration. Sec. 22-415. Location criteria. Sec. 22-416. Screening requirements. Sec. 22-417. Meetings with the chief of police. Sec. 22-418. Nonconforming uses. Sec. 22-419. Penalty for violation of article. Article XV. Adult Use and Medical Marijuana Sec. 22-420. Purpose. Sec. 22-421. Applicability. Sec. 22-422. Definitions. Sec. 22-423. License required; exceptions. Sec. 22-424. Additional licensing requirements. Sec. 22-425. Reserved. Sec. 22-426. Background checks. Sec. 22-427. Reserved. Sec. 22-428. Reserved. Sec. 22-429. Application requirements. Sec. 22-430. Performance standards for marijuana business. Sec. 22-431. Reserved. Sec. 22-432. Reserved. Sec. 22-433. Inspection of marijuana businesses. Sec. 22-434. Denial of application. Sec. 22-435. Disqualifying conviction. Sec. 22-436. Revocation of license. Sec. 22-437. Reserved. Sec. 22-438. License administration for a marijuana business. Sec. 22-439. Appeals. Sec. 22-440. Reserved. Sec. 22-441. Reserved. Sec. 22-442. Penalty for violation of article. Sec. 22-443. Confidentiality. Sec. 22-444--22-449. Reserved. Article XVI. Homeless Shelters Sec. 22-450. Purpose and authority. Sec. 22-451. Definitions. Sec. 22-452. License requirement. Sec. 22-453. Application submission requirements. Sec. 22-454. Review procedures. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:6 Sec. 22-455. Appeals. Sec. 22-456. License term and renewal; meetings with city staff. Sec. 22-457. Denial, suspension or revocation of a license and other remedies. Sec. 22-458. Approval and operation requirements. Sec. 22-459. Exemptions. Sec. 22-460. Transfer of ownership or change of location. Sec. 22-461. Severability. Sec. 22-462. Other laws. Article XVII. Lodging Houses Sec. 22-470. Purpose. Sec. 22-471. Definitions. Sec. 22-472. Applicability. Sec. 22-473. Severability. Sec. 22-474. License required. Sec. 22-475. Transfer of ownership or change of location. Sec. 22-476. Application and information. Sec. 22-477. Inspections authorized; Right to enter. Sec. 22-478. Compliance with codes required. Sec. 22-479. Administration. Sec. 22-480. Guest register and record of departures. Sec. 22-481. Posting of license. Article XVIII. Syringe Services Programs Sec. 22-491. Purpose. Sec. 22-492. Definitions. Sec. 22-493. License required. Sec. 22-494. Application and information. Sec. 22-495. Location criteria. Sec. 22-496. Inspections authorized; Right to enter. Sec. 22-497. Administration. Sec. 22-498. Nonconforming uses. Sec. 22-499. Operating requirements. Sec. 22-500. Miscellaneous. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:7 ARTICLE I. IN GENERAL Sec. 22-1. Purpose and intent of chapter. In order to promote the health, safety and general welfare of its citizens, this chapter is enacted by the city to control the licensing and regulate the conduct of certain businesses and business practices. (Code 1982, § 17-1) 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 amusement device means any machine which, upon the insertion of a coin or the payment of consideration, operates or may be operated to depict, display, or project, directly or indirectly, pictures, photography or other visual images of specified anatomical areas or specified sexual activities. Specified anatomical areas are defined as: a. Less than completely and opaquely covered: 1. Human genitals, pubic region; 2. Buttock; 3. Female breast below a point immediately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities are defined as: a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, sexual intercourse, or sodomy; c. Fondling of human genitals, pubic region, buttock or female breast. Antiques means those items defined as antiques by the United States Tariff Act of 1930, as amended. Billiard and pool halls means any place for the playing of any game of billiards, pool, bagatelle or similar game. Blasting means the ignition, detonation or setting off of any charge or explosive or any solid, liquid or gaseous substance capable of any chemical reaction releasing energy or pressure in great force. Bowling alley means any building, structure, enclosure or other place for the playing of bowls, candlepins, duckpins, tenpins or similar games, other than coin-operated amusement ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:8 devices. Business means any vocation, occupation, profession, enterprise, establishment or other kind of activity or matters, together with all devices, machines, equipment, vehicles and appurtenances used in connection therewith, any of which are conducted for profit or benefit, whether directly or indirectly, on any premises or location in this city or within its jurisdiction. Carnival means any traveling amusement show, excluding circuses, with or without midway, rides, concessions or other specific attractions. For licensing purposes, the term "carnival" shall also include rodeos, thrill shows and freak shows. Charitable purpose means any activity conducted without profit and for a public, medical, scientific, educational, fraternal or religious purpose. Circus means any show in which feats of horsemanship, tumbling, strength, etc., are exhibited, excluding carnivals and harness or running horse races; any show with an enclosed ring for the exhibition of animals. Class A lounge means any business establishment which holds a class A lounge license issued by the state bureau of alcoholic beverages for the sale of spirituous, vinous and malt liquors. Coin-operated amusement device means any machine or device which upon the insertion of a coin may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, and which is operated for amusement only and does not dispense any form of payoff, prize or reward except free replays. For the purpose of licensing, the owner of the establishment where the device is located shall be the party responsible for obtaining the license. Doing business means the selling of any goods or services, the soliciting of business or offering of goods or services for sale or hire, the maintenance or providing of any equipment or device, or the acquiring or using of any vehicle or other conveyance or any premises in the city for business purposes. Fill-in means any goods, wares and merchandise not mentioned in the original inventory for a sale filed with the application for an auction license. Flammable liquid means a class 1 flammable liquid as defined in the rules and regulations issued by the state insurance commissioner. Food means any raw, cooked or processed edible substance, ice, beverage, alcoholic beverage or ingredient used, or intended for use, or for sale, in whole, or in part, for human consumption. Food service establishment means any person who prepares, sells, serves or packages food for consumption on premises within the corporate limits of the city, including but not limited to restaurants, luncheonettes, diners, snackbars, drive-ins and concession stands. The term "food service establishment," for the purpose of licensing, shall include any caterer doing business within the corporate limits of the city, any lessee or subtenant of any premises, business or dominant lessor (such as recreation or amusement areas, drive-in theaters, sports arenas or public exhibition halls) who prepares, serves, sells or packages food for consumption on the premises of any such business or dominant lessor, and any person, club or other establishment offering for sale malt, spirituous or vinous liquors for consumption on the premises. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:9 FSE--Class A means a food service establishment which holds a license issued by the state bureau of alcoholic beverages for the sale of spirituous, vinous and malt liquors, except a class A lounge. FSE--Class B means a food service establishment which holds a license issued by the state bureau of alcoholic beverages for the sale of malt and vinous liquors. FSE--Class C means a food service establishment which holds a license issued by the state bureau of alcoholic beverages for the sale of malt liquor. FSE--Class D means a food service establishment serving no malt, spirituous or vinous liquors. FSE--Class E means a food service establishment which allows its patrons to bring their own spirituous, vinous or malt liquors for consumption on the premises. FSE--Class F means a food service establishment operating for a period not to exceed 30 days. FSE--Class G means a food service establishment operating for a period not to exceed three days. Group care facility means a boarding care facility for more than eight individuals wherein children under 18 years of age or adults over 16 years of age and not legally related to the operator are provided personal care, supervision and social or rehabilitative services. Group care facilities within the meaning of this definition must be licensed by the State of Maine and may include, but are not limited to, group homes, half-way homes and congregate homes, but do not include foster family homes. Jukebox means any machine or device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally to play musical tapes or recordings or used as a musical entertainment or amusement device, and which does not dispense any payoff, prize or reward. Junk means old iron, chains, brass, copper, tin, lead or other base metals, old rope, old bags, rags, wastepaper, paper clippings, scraps of woolens, clips, bagging, rubber and glass, and empty bottles of different kinds when less than one gross, and all articles discarded or no longer used, or a manufactured article composed of any one or more of the materials mentioned. Junk collector means anyone dealing or trading in junk; anyone who engages in the collection, storage, transfer or sale of junk. Licensee means any holder of a valid and current license or permit issued by the city. Local means of or pertaining to this city. Lodging house means a fixed structure, or any part of a structure, used, maintained or advertised as a place where sleeping accommodations are furnished in individual rooms or units, for direct or indirect consideration. "Lodging house" includes but is not limited to, a hotel, inn or motel; a bed and breakfast establishment; a dwelling unit occupied by more than one family; and, properties under common management at the same location where 4 or more rooms, cottages or condominium units are available. "Lodging house" does not include vacation rentals; youth camps; dormitories of charitable, educational or philanthropic institutions; fraternity or sorority houses affiliated with educational institutions; hospitals; convalescent, rest, or nursing homes; ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:10 residential care or congregate care facilities or other institutional beds or rooms used for medical or mental health treatment services otherwise licensed by the city or state; mobile home parks; and, homeless shelters. For the purposes of this definition, the following shall have the same definitions as defined by the Code of Ordinances, Appendix A-Zoning and Land Use Codes: a bed and breakfast establishment; and hotel, inn or motel. Malt liquors means all kinds and types of liquors intended for human consumption produced by the fermentation of malt wholly or partially, or from any substitute therefor, which contain more than one-half of one percent of alcohol by volume. Mobile home means a factory-fabricated structure meeting the standards of the U.S. Department of Housing and Urban Development which is built on a permanent chassis, is designed to be used as a dwelling unit and was constructed after June 15, 1976. Mobile home park means a contiguous parcel of land with a minimum area of five acres designed and/or used to accommodate a minimum of three manufactured housing units on mobile home lots which are to be rented or leased, but not sold. The management and maintenance of a mobile home park shall be deemed to be the responsibility of a single owner or operator, with improved lots and/or services being available under a leasing arrangement. Mobile unit means a mobile vehicle designed and constructed to transport, prepare, sell or serve food at a number of sites and is capable of being moved from its serving site at any time. This type of establishment is a self-contained food service operation, located in a vehicle or a moveable stand on wheels, used to store, prepare, display or serve food intended for individual portion service. The term mobile units shall include but not be limited to food trucks, food trailers, pushcarts and stick built joints. Motion picture theater means any building or area, including drive-in parks, arenas, exhibition halls or public buildings, where commercial films, movies or motion pictures, including previews of motion pictures, closed circuit telecasts and videotape replays, are shown, or where any cinematograph or similar apparatus is kept, used or exhibited for any commercial use whatsoever. Nursing home means a facility which is operated in connection with a hospital, or in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the state, for the accommodation of convalescent or other persons who are not acutely ill and not in need of hospital care, but who do require skilled nursing care and related medical services. Pawnbroker means any person engaged in the business of lending money on deposit or pledges of personal property or other valuable thing other than securities or printed evidence of indebtedness, or in the business of purchasing personal property, or choses in action, or other valuable thing, and selling or agreeing to sell the same back to the seller at a price other than the original price of purchase, or in the business of purchasing personal property such as articles containing gold, silver, platinum or other precious metals or jewels for the purpose of reducing or smelting them into a different form and reselling the product. Peddler means any person traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house, or from street to street carrying, conveying or transporting goods, wares and merchandise and offering or exposing the same or any service for sale; or who without traveling from place to place shall sell, expose or offer any goods, wares, merchandise or service for sale from any portable, mobile or temporary structure, ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:11 or from a wagon, automotive vehicle or other vehicle or conveyance; or who without traveling from place to place shall sell, expose or offer for sale the same in the entrances to buildings or other premises or upon vacant lots or other tracts of land within the corporate limits of the city. The term "peddler" shall not be construed to include the following: vendors of food sold by wagon, automotive vehicle or any other type of conveyance, vendors of merchandise by sample, list or catalogue for future delivery, vendors of farm, dairy, orchard, fish and forest products of their own production, vendors of newspapers and religious literature, route salesmen while engaged in making deliveries to their regular customers, commercial travelers or selling agents who, in the usual and customary course of business, make sales to dealers, or persons duly authorized to conduct tag days, sell poppies or otherwise solicit. Plumbing means the art of installing in buildings the pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water-carried wastes, and shall include the necessary water piping and water connections to all types of heating apparatus using water. Premises means all lands, buildings, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with, any such business conducted on such premises. Pushcart means a self-propelled mobile unit that is limited to preparing and serving non- potentially hazardous foods or foods that are deemed low risk by the health inspector/sanitarian. Racetrack means any fairgrounds, racetrack or field in the city which has on it any structure or grandstand with a capacity of over 100 persons and which is used by spectators at races. Secondhand dealer means any person who engages in the purchase, collection, transfer or storage for later resale, or who engages in the trading or selling, unless such sale is by auction of less than four days' duration, of any article, vehicle or material, or portion thereof, of which prior use has been made in any manner whatsoever. The term "secondhand dealer" shall not be construed to include pawnbrokers, junk collectors, used car dealers; nor shall it include any person primarily engaged in the retail sale of new and unused goods, who deals with used goods only incidentally, such as accepting such goods in trade as part of a transaction involving the sale of new goods, but only to the extent that such used goods are of the same type as the new goods sold by such person. Solicitor means any person using or upon any sidewalk, street park or other public place, or at any doorway or entranceway immediately abutting thereon, within the corporate limits of the city for the purpose of begging, collecting or soliciting alms for the poor or funds for any charitable, philanthropic, civic, musical, athletic, patriotic or related purposes. Sound amplification means any private conveyance or carrier of any kind having, either mounted or unmounted, any electronic, mechanical or other appliance, apparatus, equipment or device used to broadcast or otherwise amplify any announcement, voice, advertisement, recording, tape or other sound for any purpose other than use during a public emergency, and traveling upon or using any street, sidewalk, park or other public place within the corporate limits of the city. The term "sound amplification" shall not be construed to include any private or public emergency vehicles used to perform a public service. Special food handler means any person engaged in processing, storing, serving or selling food for consumption off premises. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:12 Spirituous liquor means any alcoholic beverage produced by distillation or if produced by any other process, strengthened or fortified by the addition of distilled spirits of any kind, intended for human consumption, which contains more than one-half of one percent of alcohol by volume. Stick built joints are a type of mobile unit containing food service equipment that may be assembled and disassembled for storage or transportation and may only operate at a fixed location for the duration of an approved community event. Taxicab means a motor vehicle used for the conveyance of passengers for hire from place to place on the streets of the city, and shall include, in addition to such motor vehicles as are commonly known as taxicabs, all motor vehicles of every kind, character and description which are used as taxicabs, cabs, for-hire cars, or livery cars and engaged as such in the conveyance of passengers for hire. The term "taxicab" shall not be construed to include motor vehicles owned by undertakers and used for funeral services, motor vehicles for hire while being used for services at funerals or weddings or motorbuses. Vinous liquor means wine. Wrestling exhibition means any prize fight or wrestling match or event, other than boxing, exhibited publicly or open to the public, with or without an admission charge. (Code 1982, § 17-2; Ord. No. 01-4, 4-7-01; Ord. No. 01-21, 1-10-02; Ord. No. 01-22, 1-10-02; Ord. No. 03-13, 9-4-03; Ord. No. 03-14, 9-4-03; Ord. No. 04-20, 9-9-04; Ord. No. 10-01, 3-4-10; Ord. No. 10-16, 2-3-11; No. 17-08, 08-17-17; No. 17-20b, 12-21-17; Ord. No. 20-04, 03-26-20; Ord. No. 23-21, 9-14-23; Ord. No. 23-22, 9-14-23) Cross references: Definitions generally, § 1-2. Secs. 22-3--22-25. Reserved. ARTICLE II. LICENSES Sec. 22-26. Complying with rules and regulations, paying fee, obtaining license prerequisite to doing business. Except as otherwise provided, no person shall engage in any business or activity, nor maintain any equipment or device, for which a license or permit is required, without having first complied with all applicable rules and regulations and having paid the proper fee and obtained a license therefor. (Code 1982, § 17-3) Sec. 22-27. Violations; penalty. Each day that any person engages in any business or activity after the license fee therefor becomes due and payable, without paying such fee and securing a license as required in this chapter, shall constitute a separate offense. Each day that a person continues to operate a business in violation of any of the provisions of this chapter shall constitute a separate offense. Violators may have their licenses immediately suspended or revoked. (Code 1982, § 17-25) ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:13 Sec. 22-28. License for each location required. A license is required for each place or premises where a business regulated by this chapter, or any part thereof, including storage, is conducted. No licensee shall engage in such business in any manner at any place without first obtaining such license. The provisions of this section shall not apply to the following licenses, except that a separate license shall be required for each cart, vehicle, conveyance or other carrier employed by such licensees: peddler, solicitor, sound amplification and taxicab. (Code 1982, § 17-4; Ord. No. 01-22, 1-10-02) Sec. 22-29. Procedure for application; payment of fees. Except when otherwise provided by the ordinances of the city, every application for a license shall be made in writing to the city clerk upon a form to be provided by the clerk. Such application shall be signed by the applicant. The proper fee shall be paid to the clerk at the time of filing the application. (Code 1982, § 17-5) Sec. 22-30. Business beginning after application date. The license fee for any business shall be due and payable before such business is begun, provided, that when the licensee begins such business after the expiration of six months of the current license year, then such licensee shall be required to pay one-half the applicable yearly license fee prescribed, except as provisions otherwise require payment of the full license fee. (Code 1982, § 17-6) Sec. 22-31. Authority to waive fees. The city clerk may waive fees which are prescribed by ordinance. (Code 1982, § 17-7) Sec. 22-32. Applicants required to furnish information. Every applicant for a license shall furnish to the city clerk the following information: Complete and exact name under which the business is proposed to be operated; If the business is proposed to be operated by an individual under any assumed name, the name of such individual and his address; If the business is a partnership, the name and address of each partner; If the business is a corporation, the name and address of the officers of the corporation, and the location of the principal office; Nature of the business for which a license is desired; Proposed location; In addition to the foregoing, the applicant shall furnish to the city clerk such other information as may be required by him in order to enable him to determine the proper classification of the applicant and the appropriate license fee. (Code 1982, § 17-8) ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:14 Sec. 22-33. Investigation of applicants. Wherever his approval is required or upon the request of the city clerk, the police chief may cause an investigation of any applicant for a license to be conducted prior to approval of such application for a license or permit. (Code 1982, § 17-9) Sec. 22-34. Inspection of applicant's premises, merchandise. Whenever required by the statutes of the state, the ordinances of the city or the regulations of any city department, or upon the request of the city clerk, an inspection may be made of the applicant's premises and/or merchandise by the city assessors, police chief, fire chief, health officer, building inspector or other duly authorized city official prior to approval of any application for a license or permit. In addition, the premises and/or merchandise of every licensee shall be subject to such inspection at any time during the current license year; and the results of such inspections may be grounds for the suspension or revocation of any license issued by the city. (Code 1982, § 17-10) Sec. 22-35. Compliance with rules and regulations required; approval, disapproval by city officials, council. All licensees and applicants for licenses are required to comply with the state statutes, city ordinances and rules and regulations of city departments which pertain to the business or activity for which a license is desired. In any case where the city requires the approval of the building inspector, health officer, police chief, fire chief or any other city official prior to issuance of the license, it shall be the duty of the city clerk to notify in writing the officials whose approvals are required. The officials so notified, or their duly delegated representatives, shall approve or disapprove the application without delay and shall note their approval or disapproval thereon, stating the reasons for any disapproval. When required by the city council, a hearing will be held at which time the council shall decide whether to approve or disapprove any application for a license or permit. It shall be the duty of the city clerk to notify the applicant of the time and place of the hearing. Such notice shall be mailed by the city clerk, postage prepaid, to the applicant at his last known address at least 48 hours prior to the date set for such hearing. The decision and order of the council on such hearing shall be final and conclusive. Except as set forth in subsection below, a license under this chapter shall be denied if the council makes a finding that: The applicant is a corporation which is not licensed to do business in the state; The applicant is a corporation, of which, at any time during the previous five years, a principal officer, or a person having an actual or beneficial ownership interest or management authority therein has been convicted of any Class A, Class B, or Class C crime, or a crime committed under the laws of the United States of America or of any other state or territory thereof, which is punishable (whether or not such punishment was actually imposed) by a sentence at least as harsh as that which is authorized for the commission of a Class C crime under Maine law; provided that such conviction was for an offense which is rationally related to the regulation of the business sought to be licensed; The applicant has been convicted of any Class A, Class B or Class C crime, or ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:15 a crime committed under the laws of the United States of America or of any other state or territory thereof, which is punishable (whether or not such punishment was actually imposed) by a sentence at least as harsh as that which is authorized for the commission of a Class C crime under Maine law; provided that such conviction was for an offense which is rationally related to the regulation of the business sought to be licensed; The applicant has had his or her business license revoked within the five years preceding the date of the application; The applicant is a corporation, person or other business entity which does or will employ a person who will be substantially in the ownership or management of the business and the employee's business license has been revoked within the five years preceding the application; or who was a principal of any corporation whose business license has been revoked within the five years preceding the application; The applicant is a corporation, person or other business entity of which any person is a principal who will be substantially involved in the ownership or management of the business and the principal's business license has been revoked within the five years preceding the application; The proposed licensed premises or its use fails to comply with zoning or other land use ordinances; The proposed licensed premises or its use fails to comply with any municipal ordinance or regulation; There exist on or about the premises proposed to be licensed conditions such as waste disposal violations, health or safety violations or other such conditions that unreasonably disturb, interfere with, or affect the ability of persons or businesses residing or located in the vicinity of the licensed premises to use or enjoy their property in a reasonable manner; (10) The applicant has knowingly furnished false or misleading information on his/her application. In the event that the council, in an exercise of its sound discretion, determines that there exist extenuating circumstances with respect to the grounds for denial of a license under subsection above; or that the circumstances giving rise to the denial under subsection above can be ameliorated by the imposition of conditions or limitations to the grant of a license, the council may, notwithstanding the grounds set forth in subsection above, grant a license to the applicant upon such conditions as the council in an exercise of its sound discretion deems to be just and appropriate. (Code 1982, § 17-11; Ord. No. 96-5, 5-16-96) Sec. 22-36. Licenses denied; appeal. No license or permit shall be issued by the city clerk following a hearing at which the city council has disapproved any application for such license. The city clerk shall deny a license or permit to any person whose application was disapproved by any city official ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:16 whose approval was required. No license or permit shall be issued to any person who is indebted to the city upon any claim, tax or account which is more than 60 days delinquent, except for the period from June 1, 2020 through March 31, 2021 during which time this requirement shall be waived. This amendment shall automatically be repealed as of April 1, 2021. The city treasurer shall be responsible for making available to the city clerk and any other license-issuing officers such information as is essential for compliance with this section. In case an application is disapproved, the city clerk shall then notify the applicant in writing of such denial and shall refund the fee paid in. The city clerk shall also notify the city council of such action at the next regularly scheduled meeting of the city council. Except as otherwise provided, appeals shall be made to the council in writing, whereupon a hearing will be scheduled, at which time the applicant shall have the right to be heard. It shall be the duty of the city clerk to notify such applicants who have appealed, of the time and place of the hearing. Such notice shall be mailed by the city clerk, postage prepaid, to the applicant at the address furnished on the application form at least 48 hours prior to the date set for hearing. The city council may, at that time, approve any application previously denied by the affirmative vote of five or more members of the council. (Code 1982, § 17-12; Ord. No. 20-08, 07-16-20) Sec. 22-37. Issuance of licenses. Except where the ordinances of the city require a license to be signed by some other official or where otherwise provided for by the city council, the city clerk shall issue all licenses for which an application has been submitted and approved. (Code 1982, § 17-13) Sec. 22-38. Display of licenses. Every license shall be kept prominently displayed at the place of business of the licensee named in the license, or, in the case of equipment licenses, the license shall be affixed to such machines or equipment as required to allow such license to be inspected at any time by any proper city official. (Code 1982, § 17-14) Sec. 22-39. Change of location of licensed business. No license issued in accordance with the provisions of this chapter for the conduct of any business at a fixed place designated in the license issued therefor shall be valid for the conduct of such business at any place other than that designated in such license. (Code 1982, § 17-15) Sec. 22-40. Nontransferability. Every license issued by the city shall be a personal privilege and shall not be assignable or transferable. (Code 1982, § 17-16) ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:17 Sec. 22-41. Duration of licenses; expiration date. All licenses, except when otherwise provided, shall be for 12 months' duration and shall expire according to the following schedule: Adult amusement June Billiard and pool Bowling April Class A year from date of issuance Coin-operated amusement June Flammable June Food service April Group care February Homeless February Junk November Lodging house Mobile April Motion picture April September April Roller skating April Secondhand September Special food April Syringe Services March February (Code 1982, § 17-17; Ord. No. 98-11, 11-19-98; Ord. No. 01-21, 1-10-02; Ord. No. 03-13, 9-4-03; Ord. No. 17-20b, 12-21-17; Ord. No. 20-04, 03-26-20; Ord. No. 23-21, 9-14-23; Ord. No. 23-22, 9-14-23; Ord. No. 25-15, 12-18-25) Sec. 22-42. Licensees responsible for compliance with rules, regulations; duty to cooperate with city officials. It shall be the responsibility of the licensee of establishments regulated by this chapter to make certain that all rules and regulations prescribed by this chapter and the statutes of the state are complied with, and each licensee shall cooperate fully with city officials to enforce such regulations. (Code 1982, § 17-18) ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:18 Sec. 22-43. City officials to notify police of violators; prosecutions. Any city official having knowledge of any person operating any business or activity regulated by this chapter without the required license, or violating any state or local regulations, shall furnish the chief of police the name of such person. It shall be the duty of the chief of police to commence proceedings against the offenders under the provisions of this chapter. (Code 1982, § 17-19) Sec. 22-44. Suspensions and revocations; hearings. Where provided, duly authorized city officials shall have the power to temporarily suspend licenses when continued operation of the licensed business or activity presents a danger to the health, safety or general welfare of the public. Any license issued by the city may be suspended or revoked by the city council and any license fees retained by the city, upon a finding by the council that the licensee has violated the ordinances of the city or the laws of the state, or has willfully or persistently failed to comply with any applicable rules and regulations. Any action to suspend or revoke a license may be commenced upon the initiative of the council, upon the recommendation of any city official charged with approving, inspecting or otherwise regulating the licensee's business or activity, or upon complaint from any resident of the city. Prior to suspending or revoking a license, the city council shall hold a hearing at the regular meeting of the council or a special meeting thereof called for that purpose. At such a meeting, the licensee shall have the right to be heard. Notice of the hearing for suspension or revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed by the city clerk, postage prepaid, to the licensee at his last known address at least 48 hours prior to the date set for hearing. The decision and order of the city council at such hearings shall be final and conclusive. (Code 1982, § 17-20) Sec. 22-45. Exemptions to licensing provisions generally. Persons acting pursuant to an order or process of a court of competent jurisdiction and persons acting in accordance with their powers and duties as public officers, such as sheriffs and marshals, shall not be required to secure a local license. Orphanages and public and private hospitals, as defined in the ordinances of the city and the laws of the state, shall not be required to secure a local license to operate a children's home or day care facility. Needy and disabled honorably discharged veterans shall be exempt from the payment of the fee for a peddler's license upon presenting proof of at least 50 percent disability. Persons selling, exclusively, farm, dairy, orchard or fish products of their own production shall not be required to obtain a local license. No charge shall be made for the issuance of a solicitor's license, blasting permit or chimney cleaner permit. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:19 Persons licensed in accordance with state statutes to maintain an automobile graveyard or junkyard shall not be required to obtain a local license to also operate as a junk collector. Food service establishments and special food handlers operating more than one such business under the same roof and under the same management need obtain only one license, provided that where such person is engaged as both a food service establishment and a special food handler, a special food handler's license shall be insufficient to include the food service establishment's operation and the license required shall be that required for a food service establishment. Persons traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street selling magazines or other merchandise by sample, list or catalogue for future delivery shall not be required to obtain a local peddler's license, but such persons shall be required to register with the police department. Persons who use their own homes to provide foster care to children shall not be required to obtain a local license. Public or private school cafeterias and nursing homes shall not be required to obtain a local food service establishment license. (Code 1982, § 17-21; Ord. No. 98-11, 11-19-98) Sec. 22-46. Schedule of fees. The fees for business licenses shall be paid by the owner or his agent in accordance with the business fee schedule established by the city council. (Code 1982, § 17-22; Ord. No. 98-11, 11-19-98; Ord. No. 01-4, 4-7-01; Ord. No. 01-21, 1-10-02; Ord. No. 01-22, 1-10-02; Ord. No. 02-14, 8-29-02) Sec. 22-47. Regulation of business days and hours of class E food service establishments. No liquor shall be consumed in a class E food service establishment except as provided in this section. Liquor may be consumed in any class E food service establishment between the hours of 6:00 a.m. and 1:15 a.m. except as provided in this section. No liquor shall be consumed in any class E food service establishment between the hours of 1:15 a.m. and 6:00 a.m. and between 1:15 a.m. and 12:00 noon on Sundays. Licensees of class E food service establishments may permit the consumption of liquor on their premises on January 1 of any year until 2:15 a.m. Liquor may be consumed in class E food service establishments on the day of holding a general election or statewide primary after the city polls have closed. No liquor shall be consumed in a class E food service establishment on Memorial Day prior to 12:00 noon. As used in this section, the word "liquor" means and includes any alcoholic, spirituous, ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:20 vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption, which contains more than one-half of one percent alcohol by volume. Any licensee of a class E food service establishment, by himself, clerk, servant or agent, who permits the consumption of liquor on his premises in violation of this section shall be guilty of an offense. (Code 1982, § 17-23) Sec. 22-48. Group care facilities. It shall be the responsibility of the licensee of a group care facility to ensure that such facility is in compliance with the following regulations: The building must be kept in good repair and free of safety hazards. The grounds and accessory building or structure must be kept in a safe, sanitary and presentable condition. Grounds shall be kept free from refuse and litter, as well as insect and rodent breeding areas. Each licensed group care facility shall maintain staff sufficient to keep the building, accessory buildings or structures and grounds in compliance with this section. Each facility shall have sufficient trained staff present at all times to properly supervise its operation. The licensee is responsible for the prevention of activities constituting a nuisance or annoyance injurious to the health, safety or comfort of the citizens of the city. (Code 1982, § 17-24) Sec. 22-49. Adoption of State of Maine Rules. For the purpose of protecting the public health the City hereby adopts and enacts the following State of Maine Rules: The U.S. FDA food code as adopted and amended by the Maine Department of Human Services 10-144 CMR 200, that were in effect on January 1, 2023, in the enforcement of all Food Service Establishments, Special Food Handlers, Mobile Units and Class A Lounges licensed by the City of Lewiston as if fully set forth herein, except for the changes set forth in the Article. The rules relating to Lodging Establishments adopted and amended as set forth by the Department of Health and Human Services, Maine Centers for Disease Control and Prevention, Division of Environmental Health 10-144 CMR 206, that were in effect on January 1, 2023. The rules relating to the Administration and Enforcement of Establishments licensed and amended by the Health Inspection Program, Department of Health ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:21 and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health Inspection Program 10-144 CMR Chapter 201, that were in effect on January 1, 2023. All Maine Department of Human Services regulations and portions therefore adopted by this section may be viewed by contacting the Lewiston City Clerk or the health officer/sanitarian. (Ord. No. 12-12, 11-16-12; Ord. No. 13-1, 2-21-13; Ord. No. 20-04, 03-26-20; Ord. No. 23-21, 9-14-23) Secs. 22-50--22-70. Reserved. ARTICLE III. AUTOMOBILE GRAVEYARDS AND JUNKYARDS Sec. 22-71. Purpose. The purpose of this article is to provide adequate controls to ensure that the establishment, operation and maintenance of automobile graveyards and junkyards do not have a deleterious impact on the natural environment or the public health, safety and general welfare. (Code 1982, § 17-160) Sec. 22-72. Applicability. This article shall apply to any automobile graveyard or junkyard all or part of which is within the city, except those owned or operated by the city. (Code 1982, § 17-161) Sec. 22-73. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aquifer means a geological formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water, as mapped by the state geological survey. Automobile graveyard means a yard, field, or other area meeting the definition of 30-A M.R.S.A., Section 3752, Subsection 1. Classified waterway means surface water, inland or tidal, and direct or indirect tributaries thereof, which is described and designated by distinct category by the state department of environmental protection pursuant to 38 M.R.S.A. § 363-A or 38 M.R.S.A. § 364. Floodplain means the low land and relatively flat areas adjoining inland and coastal waters, including floodprone areas of offshore islands, which are inundated by a flood that has a one percent or greater chance of recurring in any year or a flood of magnitude equaled or exceeded once in 100 years on the average as identified by the Federal Insurance Administration. Junkyard means a yard, field or other area used as a place of storage for: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:22 Discarded, worn out or junked plumbing, heating supplies, household, appliances and furniture; Discarded, scrapped and junked lumber; Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material; and Garbage dumps, waste dumps and sanitary fills; all of which are referred to in this article as "junk." (Code 1982, § 17-162; Ord. No. 04-24, 2-3-05; Ord. No. 23-27, 1-18-24) Cross references: Definitions generally, § 1-2. Sec. 22-74. Permit required. No person shall establish, operate or maintain, and the owner of property shall not permit the establishment, operation or maintenance of, any junkyard or automobile graveyard all or any part of which is within the city without first obtaining a permit therefor in accordance with the provisions of this chapter and 30-A M.R.S.A. § 3752 et seq. All permits issued under this article shall be approved by the city council and issued by the city clerk. All permits issued under this article shall be for a term not to exceed one calendar year, which expires on the first day of the year next following unless earlier suspended or revoked. In addition to the application fee provided for in this article, the fee required for the issuance of any permit under this article shall be paid in advance in the amount provided for in 30-A M.R.S.A. § 3756. (Code 1982, § 17-163) Sec. 22-75. Administration. Conditions of approval. The city council may impose conditions on the approval of any permit application under this article to ensure compliance with the provisions of this chapter. Such conditions may include, but are not limited to, the following: The applicant provide documentation to the city clerk of the receipt of any approvals required by any federal or state agency or department pursuant to federal or state law prior to the issuance of any permit under this article. The applicant provide documentation to the city clerk of the receipt of any approvals required by any city board pursuant to this Code prior to the issuance of any permit under this article. Any screening requirements imposed pursuant to the provisions of this chapter be installed and completed prior to the issuance of any permit under this article. Contents of application. All applications for permits under this article shall be filed with, and in a form satisfactory to, the city clerk. Such application shall include, but is not limited to, the following: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:23 Name, address and contact information including a phone number of the applicant and all other persons having a legal interest in the property. The location of the premises for which a permit is sought by identification of city tax map number and street address. The dimensions and acreage of the property. An original and three copies of a site plan, drawn to a scale of 100 feet or less to the inch, which contains the following information: a. The boundary lines of the property for which a permit is sought. b. The location of all existing and proposed buildings and structures. c. The location of all existing and proposed areas within which all vehicles and junk will be located. d. The location of any aquifer or classified waterway on the property or within 300 feet thereof. e. The location of any water bodies on the property or within 300 feet thereof. f. The location of any floodplain areas located on the property. g. The location and characteristics of all existing and proposed vegetation which is proposed to be maintained for required screening. h. The location and characteristics of all existing and proposed fencing proposed to be maintained for required screening. i. The location of any residences, private wells or schools within 300 feet of the property. j. The characteristics of the soils existing on the property as determined by the soil conservation service soils survey map. k. The contours of the property as determined by the U.S. Geological Survey Contour Map. l. The location and characteristics of all vehicular entrances and exits serving the property. A statement as to whether approval by any state agency or department is required pursuant to state law and, if so, a copy of the required license and/or approval. A nonrefundable application fee in accordance with the city's policy manual as approved by the city council. Compliance standards. The following standards shall govern the issuance of permits under this article and the operation and maintenance of all permitted premises: An effective visual screen at least six feet in height shall be located and maintained around all sides of the area where vehicles or junk are to be located such that these areas are entirely screened from ordinary view from all directly abutting properties and public ways at all times. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:24 All screening and location requirements of 30-A M.R.S.A. § 3754-A and § 3755- A shall be satisfied. There shall be no vehicles or junk stored outside the screened area. No vehicle or junk shall be stored within 300 feet of any water body, aquifer or classified waterway. No vehicles or junk shall be stored within 300 feet of any residence, private well or school. No vehicles or junk shall be stored within a floodplain. Upon receiving a motor vehicle, the fuel tank and battery shall be removed and the fuel, engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable federal and state laws, rules and regulations regarding disposal of waste oil and hazardous materials. No discharge of any fluids from any motor vehicle or junk shall be permitted into or onto the ground. No vehicles or junk shall be located closer than 100 feet from all lot lines of the property. All dismantling of motor vehicles with power tools shall take place within a building. All federal and state hazardous waste laws and regulations shall be satisfied. (10) All vehicular entrances and exits shall be located and constructed in a manner which does not create or aggravate a traffic safety hazard. (11) No noise, vibration, glare, fumes or odor shall be emitted which is detectable to the normal senses from any abutting property. Upon recommendation of the director of planning and code enforcement, the city council may waive compliance with any of the above standards when both the director of planning and code enforcement and the city council determine that strict compliance therewith is not necessary to accomplish the purposes of this article. Nonconforming uses. Any automobile graveyard or junkyard in existence and for which a valid permit was in effect on the effective date of the ordinance from which this article derives may remain in operation in its present location, pending the expiration of such permit, so long as such use complies with the provisions of 30 M.R.S.A. § 3751 et seq. Thereafter, such automobile graveyard or junkyard shall be required to comply with all the provisions of this article except those compliance standards contained in subsections and (10) of this section. Any expansion of such junkyard or automobile graveyard beyond the size which existed and for which a valid permit was in effect on the effective date of this article shall comply with all provisions of this article. (Code 1982, § 17-164; Ord. No. 04-24, 2-3-05; Ord. No. 08-06d, 8-14-08) Sec. 22-76. Penalty for violation of article. Any person who violates any provision of this article or the terms of any permit issued ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:25 under this article may be penalized in the following manner: Temporary suspension. The city clerk is authorized, pursuant to section 22-44, to immediately and temporarily suspend any permit when continued operation of the permitted premises or activity presents a danger to the health, safety or the general welfare of the public. Suspension or revocation. The city council may suspend or revoke a permit in accordance with the provisions of section 22-44 and 30-A M.R.S.A. § 3758-A and/or 30-A M.R.S.A. § 4452. Civil penalties. The violator may be required to pay the penalties imposed by section 1-8 or 30-A M.R.S.A. § 3758 and 30-A M.R.S.A. § 4506, whichever are greater, as well as reasonable attorney fees, expert witness fees and costs pursuant to 30-A M.R.S.A. § 4506 and 30-A M.R.S.A. § 4452. (Code 1982, § 17-165; Ord. No. 04-24, 2-3-05) Secs. 22-77--22-95. Reserved. ARTICLE IV. RESERVED* *Editor's note: Ord. No. 03-13, effective Sept. 4, 2003, repealed art. IV, § 22-96, in its entirety. Formerly, said article pertained to children's homes and child care facilities record book as enacted by Code 1982, § 17-6. Secs. 22-96--22-120. Reserved. ARTICLE V. FLEA MARKETS Sec. 22-121. Purpose. The purpose of this article is to regulate the issuance of permits for conducting so-called flea markets. (Code 1982, § 17-41) Sec. 22-122. Defined. The term "flea market" means the selling or offering for sale, to the public, of any services, goods, wares and merchandise or personal property by three or more individuals, groups or organizations from or at one location. (Code 1982, § 17-42) Cross references: Definitions generally, § 1-2. Sec. 22-123. Permit required; application. No flea market shall be conducted without a permit, which shall be obtained as follows: A permit shall be obtained by the owner or duly authorized agent of the premises ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:26 where the flea market is to be located by submitting a completed application to the city clerk's office upon forms provided for such purpose. The fee for a flea market permit shall be paid in accordance with the business fee schedule as established by the city council. (Code 1982, § 17-43; Ord. No. 92-7, 3-19-92; Ord. No. 04-15, 7-15-04) Sec. 22-124. Provisions of section 22-2 not applicable. Notwithstanding the provisions relating to peddlers under section 22-2, individual participants in a flea market need not secure a peddler's license. (Code 1982, § 17-44) Secs. 22-125--22-145. Reserved. ARTICLE VI. FOOD SERVICE ESTABLISHMENTS, SPECIAL FOOD HANDLERS, MOBILE UNITS, CLASS A LOUNGES* *State law references: Food and food handlers generally, 7 M.R.S.A. § 401 et seq., 22 MRS 2491--2502, 30-A M.R.S.A. § 3931, 32 M.R.S.A. 1751--1854. DIVISION 1. GENERALLY Sec. 22-146. Reserved. Sec. 22-147. License required. No person shall engage in, operate or conduct the business of the manufacture, preparation, sale or service of food in the city unless such person has first acquired a license in accordance with the provisions of the article and articles I and II of this chapter. (Code 1982, § 12-2; Ord. No. 20-04, 03-26-20) Sec. 22-148. Suspension of license; appeal. A license granted pursuant to this article may be temporarily suspended at any time by the health inspector/sanitarian of the city upon satisfactory evidence that food is being manufactured, prepared, sold or served in an unsanitary manner or in a manner not conducive to public health. The licensee shall have the right to appeal such suspension to the council, such appeal to be heard at the next regular meeting of the council. The health inspector/sanitarian shall have discretion to remove the suspension and reinstate the license under this article prior to the hearing of the appeal upon finding that the unsanitary conditions have been remedied. (Code 1982, § 12-3; Ord. No. 20-04, 03-26-20) Sec. 22-149. Reserved. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:27 Sec. 22-150. Right to Enter. The health inspector/sanitarian shall be permitted to enter any licensed City establishment as described in Article VI of the code of ordinances during operating hours for the purpose of making inspections and of copying any and all records of food purchases and payrolls. It shall be the duty of every person responsible for the management or control of such establishment to afford free access to every part of such establishment and to render all aid and assistance necessary to enable the health inspector/sanitarian to make a full, thorough and complete examination thereof to determine compliance with this article and Section 22-49 of this code of ordinances. Records of purchases of food shall be held for a period of 3 months following the date of purchase either at the licensed establishment or at another place where they are customarily kept and shall be made available to the health inspector at the establishment within a reasonable time upon request. (Ord. No. 20-04, 03-26-20) Sec. 22-151. Certified Food Protection Managers. A food service establishment, special food handlers, mobile units and Class A lounges must have at least one employee granted supervisory and management responsibility designated a Certified Food Protection Manager (CFPM) as defined in the latest adopted and amended State of Maine Food Code.. Proof of CFPM certification is required as follows: 1. Prior to the issuance of any new license required by Chapter 22; Section 147. 2. Prior to the renewal of any license required by Chapter 22; Section 147. 3. Within 60 days of the date when a CFPM leaves employment. 4. At the time of any inspection by the City’s health inspector/sanitarian. Proof of compliance with the requirements of this section shall be provided to the city health inspector/sanitarian. Prior to the issuance of any license required by Chapter 22, the city health inspector/sanitarian must certify that the requirements of this Section have been met. Failure to provide proof of compliance with the requirements of this Section will be subject to a denial, suspension or revocation of a license in accordance with the provisions of Chapter 22. In addition to license suspension or revocation, violations of subsection Sec. 22-151, above, shall result in a penalty to the violator and may result in a temporary suspension of the Food Service or Food Handler’s license until compliance is met. An eating establishment may be deemed CFPM exempt by the city health inspector/sanitarian if the licensed establishment does not or minimally handle or prepare Potentially Hazardous Foods as defined by the FDA Food Code. The exemption will be documented on the health inspection/sanitarian report(s). (Ord. No. 20-04, 03-26-20) Secs. 22-152--22-165. Reserved. DIVISION 2. MOBILE UNITS Sec. 22-166. Intent and purpose. It is the intent and purpose of this division to establish minimum regulations for mobile ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:28 units, where food is sold within the corporate limits of the city. (Code 1982, § 12-19; Ord. No. 20-04, 03-26-20) Sec. 22-167. Approval of health inspector/sanitarian, license required. No person shall operate a mobile unit without having first secured the approval of the health inspector/sanitarian and obtained a license in accordance with the provisions of this article and those of articles I and II of this chapter. (Code 1982, § 12-20; No. 17-08, 08-17-17; Ord. No. 20-04, 03-26-20) Sec. 22-168. Display of license or permit. Any person authorized to do business in accordance with this division as a mobile unit shall have displayed in a conspicuous place on the right-hand side of each vehicle, cart, conveyance or carrier used in such business a plate showing that a license or permit has been obtained. All mobile units shall submit an application on a form provided by the City Clerk’s Office with colored pictures of at least two different angles of the unit and a description that includes the length and width, when in its widest configuration. (Code 1982, § 12-21; No. 17-08, 08-17-17; Ord. No. 20-04, 03-26-20) Sec. 22-169. Mobile units in streets and public places. Pushcarts licensed as mobile units may be operated in the streets, ways and public places in accordance with the provisions of this section. For the purpose of this section, the term "public places" shall include public parks and grounds. No pushcart shall be operated or stationed: In the roadway as defined in chapter 66 of this Code, except when specifically authorized to do so by the chief of police on a street which has been blocked to vehicular traffic for purposes of a public event. Within 100 feet, measured by the most direct line, of occupied space of a food service establishment having a fixed location. On the premises of a public school. In any City park unless part of a permitted event. In such a manner as to unreasonably obstruct the normal flow of pedestrian traffic or to expose any pedestrian to a risk of injury. On any city sidewalk where the remaining pedestrian travel path is less than six feet. In such a way that any part of the equipment overhangs over private property, unless the owner of the pushcart has authorization from the property owner in writing. No pushcart shall be operated or stationed in, on or within 100 feet of any area subject to an exclusive franchise granted by the city. The city clerk shall maintain a list of such ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:29 areas and shall advise operators of pushcarts of the location thereof. Operators of pushcarts shall provide waste paper receptacles for use by their customers and shall maintain the areas in which they operate free of litter generated by their business. A license to operate a pushcart in the streets, ways and public places pursuant to this division may be suspended by the city clerk upon three days' written notice and hearing, for a period of five days, for a violation of any provision of this section and may be revoked by the municipal officers upon five days' written notice and hearing, for repeated violations of the provisions of this section. Food trucks, stick built joints and food trailers Food trucks and trailers may operate on City owned property from 6:00 a.m. to 10:00 p.m. and 6:00 a.m. to 1:00 a.m. on private property in zoning districts where restaurants are a permitted use as per Appendix A Article XI, Section 22(c) of the Code of Ordinances of the City of Lewiston with the permission of the property owner. Police Department has the right to close down or request a food truck or trailer to relocate, where in the opinion of the Department, the food truck or trailer is causing or contributing to an imminent public safety hazard. Food trucks, stick built joints and food trailers shall not be permitted on the grounds of any school unless as part of a school authorized function. Food trucks, stick built joints and food trailers shall not be permitted in cemeteries, parking garages, city owned parking lots, on Lisbon Street, and within the boundaries of a City park unless part of a permitted event. In locations on public property where food trucks and trailers are permitted to operate, food trucks and trailers shall comply with all parking rules outlined in Chapter 70, Article IV of the City Code of Ordinances, except that food trucks otherwise operating lawfully and actively offering food for sale on public property may, in any twenty-four (24) hour period, “feed” any parking meter once in order to extend the maximum parking time to 4 hours. Hourly parking food trucks or trailers may have a maximum of 4 hours at any timed spot. Separation Requirement: a. Except when operating in connection with a festival or special event, food trucks, stick built joints and food trailers shall not locate within 100 feet, measured by the most direct line, of occupied space of a food service establishment having a fixed location. b. No minimum measured space is required between food trucks, stick built joints and food trailers. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:30 In addition to complying with the City’s ordinances related to mobile units and these regulations, the owner and operator of a food truck, stick built joint or food trailer is responsible for applying for and obtaining all other necessary city licenses required for the service of food and beverages. The food truck or trailer itself shall be in compliance with the motor vehicle laws of the State of Maine, securing State of Maine Mobile Vendor license, and the food truck or trailer owner is responsible for verifying that a specific location does not violate an ordinance of the City. Food trucks, stick built joints and food trailers may not be parked overnight on city streets or in city parking lots. Size limitations: Food trucks and trailers shall not exceed ten (10) feet in width, including any side extensions or awnings. Food trucks and trailers parking in metered parking spaces on city-owned property shall not exceed twenty (22) feet in length including the length of any trailer hitch, trailer, or other extension. Food trucks and trailers parking in non-metered parking spaces on city-owned property shall not exceed twenty-four (24) feet in length, including the length of any trailer hitch, trailer, or other extension. (10) Food trucks and trailers shall be self-contained when operating, except for the required trash and/or recycling receptacles, which shall be in contact with the food truck, in a safe location and in no event shall impede the free movement of automobiles or pedestrians. Owner is responsible for all clean up and waste. (11) Food trucks and trailers shall serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. (12) Food trucks and trailers shall park parallel to sidewalk or esplanade. (13) Food trucks and trailers shall be in a timed, metered or legal parking spot. (14) Only food and/or non-alcoholic beverages are allowed to be sold on City property. (15) Each food truck, stick built joint or food trailer vendor shall provide the City of Lewiston with a certificate of insurance to cover public liability in the amount of at least $400,000.00. (16) The food truck, stick built joint or food trailer shall be inspected and properly licensed. If food is prepared outside of the truck, stick built joint or trailer base station it shall be prepared in a State of Maine licensed food service establishment. (17) Food trucks, stick built joints and food trailers shall comply with the City’s noise requirements. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:31 (18) A license to operate a food truck, stick built joint or food trailer in the streets, ways and public places pursuant to this division may be suspended by the city clerk upon three days' written notice and hearing, for a period of five days, for a violation of any provision of this section and may be revoked by the municipal officers upon five days' written notice and hearing, for repeated violations of the provisions of this section. (19) Stick built joints shall not be permitted in City streets. (Code 1982, § 12-22; Ord. No. 91-3, § 1, 4-5-91; Ord. No. 04-12, 6-3-04; No. 17-08, 08-17-17; Ord. No. 20-04, 03-26-20) Secs. 22-170--22-190. Reserved. ARTICLE VII. JUNK COLLECTORS, PAWNBROKERS AND SECONDHAND DEALERS Sec. 22-191. License. No person shall conduct business as a pawnbroker, junk collector or secondhand dealer without first obtaining a license pursuant to the following provisions: The city clerk shall issue a license to conduct business as a pawnbroker, junk collector or secondhand dealer to any person over the age of 21 who demonstrates that he: a. Has no record of criminal convictions for crimes of moral turpitude, dishonesty or fraud; and b. Possesses adequate financial resources. A license shall be obtained by the owner or duly authorized agent of the premises where the business is to be located (“licensed business location”) by submitting a completed application to the city clerk's office upon forms provided for such purposes. The fee for such licenses shall be set from time to time and a schedule of such fees shall be on file and available in the city clerk's office. Before any pawnbroker, secondhand dealer or junk collector license shall be issued to any person that does not maintain a permanent business location in the City of Lewiston, the person shall file with the city clerk a surety company performance bond in the sum of five thousand dollars ($5,000.00), the form of which bond shall be approved by the city clerk. It shall be a condition of such bond that the principal named therein shall observe and abide by all laws, regulations and City ordinances regulating pawnbrokers, secondhand dealers and junk collectors, and shall account for and retain any merchandise, article or property which comes into their possession through their business as such pawnbroker, secondhand dealer or junk collector in accordance with the requirements of this Article. Any license issued pursuant to this provision shall be valid for one year only. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:32 Any person denied a license to conduct a pawnbroking, junk collector or secondhand dealer business may appeal the denial to the city council by filing a notice of appeal with the office of the city clerk within 30 days of the date of any such denial. (Code 1982, § 17-70; Ord. No. 11-06, 8-18-11) Sec. 22-192. Account of business done and disclosure to consumer. Account kept. Every pawnbroker shall maintain records in which the pawnbroker shall enter: The date, duration, amount, periodic rate of interest and annual percentage rate of every loan that is made; The finance charge, due dates for payment and the total payment needed to redeem or repurchase the pawned property; An accurate account and description of the property pawned; The terms of redemption or repurchase, including any reduction in the finance charge for early redemption or repurchase and the right of the consumer to at least one extension of 31 days at the same rate of interest upon request in writing or in person; and The name and address of the consumer. Inspection. The pawnbroker shall allow the municipal officers to inspect these records at all reasonable times. Delivery to consumer. At the time of the pawn transaction, the pawnbroker shall deliver to the consumer a signed, written disclosure complying with the truth-in-lending provisions of the Maine Consumer Credit Code, 9-A M.R.S.A. § 8-101 et seq. containing the items required by subsection 1 and the name and address of the pawnbroker. (Code 1982, § 17-71) Sec. 22-193. List of transactions; seller to furnish proof of identification. Every person licensed as a junk collector or secondhand dealer shall make out, and have available for periodic collection, a legible and correct list, upon a format furnished by the police chief, containing an accurate description of all articles taken in pawn, purchased, or taken in exchange, the name, residence and date of birth of the buyer or seller other than the licensee, together with the correct and exact time when such articles were pawned or purchased, and the amount the item was sold for. Before recording the information required by this section, a dealer shall require reasonable written proof of the seller's identification in the form of a motor vehicle operator's license, military identification card, adult liquor identification card or similar item which confirms the person's identification by date of birth and by physical description. Alternative compliance mechanism for secondhand dealers. In lieu of the requirements set forth in subsection a secondhand dealer is in compliance with this section with respect to certain secondhand goods if it establishes and maintains the following system for identifying and reporting the purchase of such goods: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:33 Application to low value goods. This section shall apply only with respect to individual secondhand goods of a mass manufacture process with no specific individual identifying feature, valued at or below $20, provided the total value of secondhand goods sold by a person to the dealer within a 30 day period does not exceed $100. Any sale of a secondhand good in excess of the limits established in this paragraph must comply with the requirements set forth in subsection of this section. (ii) Goods with serial number. This section shall not apply to a second hand good displaying a readily identifiable serial number or similar registration number, or any other personalized identifying characteristic marking having been uniquely applied. Any sale of a secondhand good with an identifiable number, along with all other secondhand goods sold at such time by the same individual, must comply with the requirements set forth in subsection (iii) Record retention. With respect to any sale of secondhand goods under this subsection, the dealer shall maintain records of each secondhand good purchased by the dealer, the date of the purchase, and the name and address of the person selling the good to the dealer. Records may be retained in electronic form. (iv) Transmittal to police department. No later than the 15th day of each calendar month, the dealer shall transmit to the chief of police, or the chief’s designee, the purchase records collected by the dealer under subparagraph (iii) during the prior calendar month. Transmittal may be provided in electronic form. Identification of seller. At the time of purchase of a secondhand good by a dealer, the dealer shall verify the name, address, and date of birth of the person making the return using reasonable means of identification as described in subsection (vi) Definitions. For purposes of this section, the term “purchase” includes the provision by the secondhand dealer of any item or thing of value in exchange for the acquisition of a secondhand good. (Code 1982, § 17-72; Ord. No. 10-01, 3-4-10; Ord. No. 12-08, 7-19-12) Sec. 22-194. Receiving articles from minors, thieves. No one licensed pursuant to this article shall purchase or receive any article from any person under the age of 18 years without the written consent of such person's parent or guardian, from any person known by the licensee to be a thief or a receiver of stolen property, or from any person whom the licensee has reason to believe to be a thief or receiver of stolen property. (Code 1982, § 17-73; Ord. No. 12-08, 7-19-12) Sec. 22-195. Retention of articles purchased. Articles purchased by anyone licensed in accordance with the provisions of this article, excepting pawnbrokers, shall be retained by such licensee in the same condition in which ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:34 they were obtained and in an accessible place at the licensed business location where such articles can be examined and inspected for at least 15 days before they are disposed of. This paragraph does not apply with respect to the sale of any secondhand good or goods which conforms to the requirements of section 22-193(b). No pawnbroker shall sell, destroy or alter any property pawned until it has remained in his possession for the duration of time as required by this article, unless forfeited in writing by the customer. (Code 1982, § 17-74; Ord. No. 10-01, 3-4-10; Ord. No. 11-06, 8-18-11; Ord. No. 12-08, 7-19-12) Sec. 22-196. Periodic inspections of junkyards. The police chief shall be responsible for inspection of all junkyards periodically and shall report immediately to the council any violation of the license conditions of this article. (Code 1982, § 17-75) Secs. 22-197--22-220. Reserved. ARTICLE VIII. MOBILE HOME PARKS Sec. 22-221. License required to operate. It shall be unlawful for any person to operate and maintain any mobile home park within the city unless such person holds a valid license issued annually by the city council in the name of such person for the specific mobile home park. All applications for licenses shall be made at the city clerk's office, where the city clerk shall issue a license upon compliance by the applicant with the provisions of this section and regulations issued under this section and of the applicable legal requirements. Every person holding a license to operate a mobile home park shall give notice in writing to the city council within 72 hours after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. A license is a personal privilege and is not assignable or transferable. Application requirements: Application for original licenses shall be made only after the proposed mobile home park has been approved by the planning board and shall be in writing, signed by the applicant as to the truth of the application, and accompanied by the deposit of a fee according to the business fee schedule as established by the city council; and such application shall contain: a. The name and address of the applicant; b. The location and legal description of the mobile home park; c. A site plan of the mobile home park showing all mobile home lots, structures, roads, walkways and other facilities. And in addition to the foregoing, the applicant shall furnish to the city clerk such ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:35 other information as may be required by this article. Applications for renewals of licenses shall be made in writing by holders of the licenses, shall be accompanied by the deposit of a fee according to the business fee schedule as established by the city council; and shall contain any change in the information submitted since the original license was issued or the latest renewal granted. Any person whose application for a license to operate and maintain a mobile home park has been denied may request, and shall be granted, a hearing on the matter before the city council under the procedure provided by section 22-223 and from the city council to the superior court. Whenever, upon inspection of any mobile home park, the director of code enforcement or his designee finds that conditions or practices exist which are in violation of any provision of this article or regulations issued under this article or appendix A of this Code, he shall report such to the city council, which shall direct the director of code enforcement to communicate in writing in accordance with section 22-223 to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the city council, the license shall be suspended. At the end of such period, the director of code enforcement or his designee shall reinspect such mobile home park and, if such conditions or practices have not been corrected, he shall report such to the city council, which will suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park except as provided in section 22-223. (Code 1982, § 17-167; Ord. No. 04-15, 7-15-04) Sec. 22-222. Inspections; access. It shall be the duty of the owners or occupants of mobile home parks and mobile homes contained therein, or of the person in charge thereof, to give the director of code enforcement or his designee free access to such premises at reasonable times for the purpose of inspection. It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or employee access to any part of such mobile home park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this article and regulations issued under this article and appendix A of this Code, or with any lawful order issued pursuant to the provisions of this article. (Code 1982, § 17-168) Sec. 22-223. Notices, hearings and orders. Whenever the city council determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, or regulations issued under this article, the city council shall direct the director of code enforcement to give notice of such alleged violation to the person to whom the license was issued as provided in this section. Such notice shall: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:36 Be in writing; Include a statement of the reasons for its issuance; Allow a reasonable time for the performance of any act it requires; Be served upon the owner or his agent, as the case may require, provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last known address, or where he has been served with such notice by any method authorized or required by the laws of the state; Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and regulations issued under this article. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, or regulations issued under this article, may request, and shall be granted, a hearing on the matter before the city council; provided, that such person shall file in the office of the city clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under subsection of this section. Upon receipt of such petition, the city council shall set a time and a place for such hearing and shall give petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that, upon application of the petitioner, the city council may postpone the date of the hearing for a reasonable time beyond the ten-day period when in its judgment the petitioner has submitted good and sufficient reasons for such postponement. After the hearing under this section, the city council shall make findings as to compliance with the provisions of this article and regulations issued under this article and appendix A of this Code and shall issue an order in writing, sustaining, modifying or withdrawing the notice which shall be served as provided in subsection of this section. Upon failure to comply with any order sustaining or modifying a notice, the licensee shall be in violation of this section and the license of the mobile home park affected by the order shall be suspended. The proceedings at such a hearing, including the findings and decisions of the city council, and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the city clerk, but the record of the proceedings need not be transcribed unless judicial review of the decision is sought to the superior court. Whenever the city council shall find that an emergency exists which requires immediate action to protect the public health, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the council may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but, upon petition to the city council, shall be afforded a hearing ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:37 as soon as possible. The provisions of subsections and of this section shall be applicable to such hearing and the order issued thereafter. (Code 1982, § 17-169) Sec. 22-224. Lot rent. Moratorium Imposed. No mobile home park owner or manager may impose or implement an increase of lot rent on any person or entity who is a tenant of the mobile home park while this temporary moratorium is in effect. Definitions. The following terms, wherever used in this ordinance, shall have the following meanings: Lot rent—The total amount owed, per month, to maintain a manufactured home, as defined in 10 M.R.S. § 9081, at a mobile home park, including, but not limited to, any mandatory, fixed charges or fees such as a connection, road maintenance, or recreation fee, but not including utility, telephone, or broadband expenses. Mobile home park—A parcel of land under unified ownership approved by the City of Lewiston or otherwise used for the placement of three or more manufactured homes. Applicability. This moratorium shall prevent the implementation of any increase in lot rent while this ordinance is in effect, regardless of whether the mobile home park owner or manager has previously informed the tenant of the mobile home park’s intent to increase the lot rent. Duration. This moratorium shall become effective on the thirty-first (31st) day following its final passage by the city council (“Effective Date”) and shall remain in effect for a period of one hundred eighty (180) days from its Effective Date, unless extended, modified, or repealed by the City Council. Purpose. The purpose of this moratorium is to allow the City Council sufficient time to study the causes and impacts of lot rent increases in mobile home parks and to consider and adopt appropriate amendments to the City’s ordinances. Enforcement. This moratorium shall be enforced by the City of Lewiston Administrator or designee. Penalties. Violation of any provision of this ordinance shall be punished by a civil penalty of $200.00 per offense. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. Should the City prevail in any action to enforce this ordinance, the City may recover its costs of suit, including reasonable attorney's fees. Severability. If any portion of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of the remaining portions of the ordinance. (Ord. No. 26-06, 4-02-26) Secs. 22-225--22-245. Reserved. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:38 ARTICLE IX. PEDDLERS DIVISION 1. GENERALLY Sec. 22-246. Use of streets. No peddler shall have any exclusive right to any location in the public streets, nor shall any peddler be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (Code 1982, § 17-89) Secs. 22-247--22-255. Reserved. DIVISION 2. LICENSE Sec. 22-256. Application. An applicant for a license under this article shall file with the city a sworn application in writing on a form to be furnished by the clerk, which shall give the following information: Name of the applicant; Permanent home address and full local address of the applicant; A brief description of the nature of the business and the goods to be sold; If employed, the name and address of the employer, together with credentials establishing the exact relationship; If a vehicle is to be used, a description of such vehicle, together with a license number or other means of identification; A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, felony or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor. The application for a license under this article shall be accompanied by a photograph, in duplicate, of the applicant, at least two inches square, taken within 30 days immediately prior to the date of the filing of the application. (Code 1982, § 17-86) Sec. 22-257. Contents. A license issued pursuant to this article shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the date of issuance and the length of time such license shall be operative, as well as the license number and other identifying description of any vehicle used. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:39 (Code 1982, § 17-87) Sec. 22-258. Exhibition of license. Every licensee at all times while engaged in peddling shall have in his immediate possession the license issued to him and when so peddling shall display such license upon demand of any police officer of the city and upon demand of any person to whom he is peddling. (Code 1982, § 17-88) Sec. 22-259. Suspension and revocation. Upon complaint being filed with the police department that any person to whom a local peddler's license has been issued has violated any law or ordinance which has a reasonable relationship to the conduct of the licensed business, and, if upon investigation, it is found that such complaint is valid, the police official charged with the duty of investigating such complaint may suspend such license for no more than three days. It shall be the duty of the police official who effects such a suspension to notify the city clerk and the city council on the next regular working day following such suspension. The grounds of such suspension shall also be sufficient basis for revocation of that same license. (Code 1982, § 17-90) Sec. 22-260. Special event license. A special event peddlers license can be issued to eligible applicants for a maximum of seven consecutive days and will limit their sale area to be inside the designated festival zone area, as per requirements of the festival event organizers. Only one special event peddlers license shall be needed for booths or sales tables operated by the same vendor, and individuals working for the primary vendor at the booth shall not require a separate license. The primary vendor shall be subject to a criminal background investigation regarding their peddler application for this section. The license shall be displayed the entire time the vendor is operating the booths or sales tables. (Ord. No. 04-11, 5-20-04) Secs. 22-261--22-280. Reserved. ARTICLE X. SALE OF PERSONAL PROPERTY FROM RESIDENTIAL PREMISES Sec. 22-281. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Donated personal property means the personal property of persons other than those residing on the residential premises where such sale is to take place, such personal property being donated to, or the sale being conducted by, a tax-exempt religious or charitable ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:40 organization, and the entire proceeds from such sale being donated to, or retained by, the sponsoring tax-exempt religious or charitable organization. Residential premises means a building or structure having at least one dwelling unit, one or more rooms in a lodging house, and the lot of land associated therewith, and any accessory structures; and any lot of land within a residential zone. (Code 1982, § 17-116; Ord. No. 23-21, 9-14-23) Cross references: Definitions generally, § 1-2. Sec. 22-282. Permit required; conditions. No person shall sell or offer for sale personal property from any residential premises except as permitted by this article. Only the sale of donated personal property and the sale of personal property owned, used and maintained for personal use only by the seller, and not for resale to the public, shall be permitted to be sold from residential premises, and only after issuance to the seller of a permit for such purposes, as follows: A permit may be obtained from the city clerk's office. The fee for a permit shall be paid in accordance with the business fee schedule as established by the city council. No permit shall be issued for sales of personal property upon residential premises for a period of more than three consecutive days, and no more than three permits shall be issued for such sales upon a residential premises in any one calendar year. Permits required under this article shall be on forms furnished by the city clerk. (Code 1982, § 17-117; Ord. No. 04-15, 7-15-04; Ord. No. 14-4, 4-3-14) Sec. 22-283. Signs. Notwithstanding the provisions relating to signs under appendix A of this Code, one single-faced sign, containing not more than four square feet in total area, may be placed upon residential premises where the sale of personal property has been permitted for the duration of the sale only. (Code 1982, § 17-118) Sec. 22-284. Exemption. The provisions of this article shall not apply to sales of personal property made under court order or process. (Code 1982, § 17-119) Secs. 22-285--22-305. Reserved. ARTICLE XI. SOLICITATIONS Secs. 22-306--22-315. Reserved. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:41 Sec. 22-316. Required. It shall be unlawful for any person to solicit on any public street or sidewalk, park or other public place or at any doorway or entranceway immediately abutting thereon, within the corporate limits of the city, the sale of any subscription of any magazine, periodical or other publication, newspapers excepted, or the sale of any tangible personal property, for delivery at a subsequent time without a license. (Code 1982, § 17-101) Sec. 22-317. Application. Applicants for licenses under this article shall file with the city clerk a sworn application in writing on a form to be furnished by the clerk, which shall give the following information: Name of the applicant and name of the agent making the application and remuneration to be received by the agent for services rendered; Permanent home address and full local address of the applicant and of the agent making application; A brief description of the nature of the applicant's activities; A brief description of the intended disposition of the funds to be solicited by the applicant; If the application is for a so-called "tag day" or "poppy day," then it shall indicate the exact date the solicitation is to be made on. (Code 1982, § 17-102) Sec. 22-318. Issuance and duration. After an investigation of the representations made in an application required by this article, the city clerk shall issue the license. If the application is for a "tag day" or "poppy day," then the license shall be issued for a date certain on a first come, first served basis only, and no more than one such license shall be made available to any person and used by him in any one calendar year. If the application is for other than a "tag day" or "poppy day," then the license may be issued for any period of time not in excess of one year. (Code 1982, § 17-103) Secs. 22-319--22-340. Reserved. ARTICLE XII. TATTOOING DIVISION 1. GENERALLY Sec. 22-341. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:42 Operator means the individual who performs or practices the art of tattooing on the person of another. Tattoo means to insert pigment under the skin of a human being by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. (Code 1982, § 17-153) Cross references: Definitions generally, § 1-2. Sec. 22-342. Prerequisites to tattooing. No tattoo shall be administered except by conforming to all of the following: Age. No tattoo shall be administered to any person less than 18 years old, as verified by a driver's license, liquor identification card, military identification card or other adequate record. Notice of permanency. Before administering a tattoo, the patron shall be advised that the tattoo should be considered permanent; that it can be removed only with a surgical procedure; and that any effective removal will leave permanent scarring and disfigurement. The written cautionary notice contained in subsection shall be furnished to and signed by the patron. Skin condition. The skin to be tattooed shall be free from rash, pimples, infection or recent (less than two years) scar tissue. The patron must be in apparent good health, and the skin to be tattooed generally in a healthy condition to all appearances. Sobriety of patron. Tattoos shall not be administered to any person under the influence of drugs or alcohol, and the operator is charged with the responsibility of making reasonable observation and inquiry to assure himself that the patron is not under the influence of drugs or alcohol. Food, drink, smoking, and alcoholic beverages prohibited. The consumption of food or drink and smoking is prohibited in the tattooing area. The consumption of alcoholic beverages on the tattooing premises is prohibited. Prior jaundice or hepatitis. The patron shall be asked, before the operation, whether he has had jaundice or hepatitis. If the answer is in the affirmative, the tattoo operation shall not be performed. Record; form. The tattoo establishment shall keep a permanent record of all patrons tattooed, stating name, age, address, date of tattoo, operator's name, place where tattooed, and a description of the design of the tattoo. Such records shall be made available to any city official upon request, and shall be in the following form, which shall be signed by the patron and the tattoo operator: Date I, the undersigned, realize that a tattoo is permanent; that it can be removed only with a surgical procedure; and that any effective removal will leave permanent scarring and disfigurement. Name ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:43 Address Date of birth Social security no. Serial number if a member of armed forces Have you had jaundice or hepatitis within the last two years? Yes No Patron Description of tattoo Area of body Tattoo operator (Code 1982, § 17-154) Sec. 22-343. Tattooing procedure. The minimum required procedure for administering a tattoo shall be as follows: No tattooing shall be done on the head, neck, hands, feet or the genitalia of any person. The operator shall wash his hands thoroughly with soap and water before starting to tattoo; the hands shall be dried with individual single-use towels. No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark or scar. Safety razor with a new single-service blade for each patron or a straight-edge razor may be used and shall be thoroughly cleaned and sterilized as required by the state before use on each patron. The area to be tattooed shall first be thoroughly washed, i.e., for a period of two minutes with warm water to which has been added an antiseptic soap. A sterile single-use sponge shall be used to wash the area. After shaving and before tattooing is begun, a solution of 70 percent alcohol shall be applied to the area with a single-use sponge used and applied with a sterile instrument. Only petroleum jelly in collapsible metal or plastic tubes, or its equivalent as approved by the state, shall be used on the area to be tattooed and it shall be applied with a sterile gauze. The use of pencils, alum blocks, or other solid or liquid to check the flow of blood is prohibited. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:44 A patch test for sensitivity for each of the dyes used shall be made on the patron before any tattooing design is applied. Single service or individual containers of dye or ink shall be used for each patron and the container therefor shall be discarded immediately after completing work on a patron and any dye in which the needles were dipped shall not be used on any person. (10) Excess dye or ink shall be removed from the skin with an individual sterile sponge which shall be used only on one person and then immediately discarded. (11) After completing work on any person, the tattooed area shall be washed with sterile gauze saturated with an antiseptic soap solution approved by the state, or a 70 percent alcohol solution. The tattooed area shall be allowed to dry and petroleum jelly from a collapsible or plastic tube shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive. (Code 1982, § 17-155) Sec. 22-344. Care of instruments. Storing of instruments. All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times. Sterilizing of instruments. A steam sterilizer (autoclave) shall be provided for sterilizing all needles and similar instruments before use on any customer, person or patron. Alternate sterilizing procedures may only be used when specifically approved by the authorized city inspector. Sterilization of equipment will be accomplished by exposure to live steam for at least 30 minutes at a minimum pressure 15 pounds per square inch, temperature of 240 degrees Fahrenheit or 116 degrees Celsius. Use of instruments. The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing so that they will not be contaminated. (Code 1982, § 17-156) Sec. 22-345. Inspection of tattooing establishment. City inspectors may conduct periodic inspections of any tattooing establishment for the purpose of determining whether or not such establishment and the persons performing the art of tattooing therein are in compliance with all applicable health provisions contained within this article and other pertinent ordinances. It shall be unlawful for any person or operator of a tattooing establishment willfully to prevent or restrain the inspection officer from entering any licensed establishment where tattooing is being performed for the purpose of inspecting such premises, after proper identification is presented to the operator. (Code 1982, § 17-157) Sec. 22-346. Licensed practitioners. The provisions of this article shall not apply to any establishment under the control or direction of a duly licensed practitioner of the healing arts, nor do they apply to licensed medical ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:45 hospitals, and similarly licensed medical institutions. (Code 1982, § 17-158) Sec. 22-347. Penalty for violation of article. In addition to the revocation and suspension of any license, any person violating any provision of this article shall be subject to the penalty set forth in section 1-8 of this Code. (Code 1982, § 17-159) Secs. 22-348--22-360. Reserved. DIVISION 2. LICENSE Sec. 22-361. Required. No individual shall tattoo another, or operate or conduct a tattooing establishment of any kind within the city without first obtaining a license therefor in accordance with the provisions of this article. (Code 1982, § 17-150) Sec. 22-362. Application fee. An application for a license under this article shall be accompanied by a fee in accordance with the city's policy manual as approved by the city council. No application fee shall be required for the renewal of an existing license. (Code 1982, § 17-151; Ord. No. 08-06d, 8-14-08) Sec. 22-363. License fee; expiration. Each applicant, before being granted a license under this article, shall pay an annual fee according to the business fee schedule as established by the city council. Each license shall expire one year from date of issuance. (Code 1982, § 17-152; Ord. No. 04-15, 7-15-04) Sec. 22-364. Right to appeal from suspension or denial; procedure. Any applicant or licensee under this article aggrieved by an order of suspension or denial shall have the right to appeal, provided such applicant or licensee submits an application to the board of appeals for a hearing. The board of appeals shall have the power to temporarily suspend, revoke or deny a tattooing license when operation by the applicant or license holder presents a danger to the health, safety or general welfare of the public. After such hearing, the board of appeals may affirm, modify or vacate the order of suspension or denial appealed from. (Ord. No. 13-14, 2-6-14; Ord. No. 18-01, 3-8-18) Secs. 22-365--22-380. Reserved. ARTICLE XIII. MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS DIVISION 1. GENERALLY ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:46 Sec. 22-381. Title. This article shall be known as the "City of Lewiston Massage Establishment and Massage Therapist Regulatory Ordinance" and may be referred to by short title as the "massage ordinance". (Ord. No. 96-10, 9-12-96) Sec. 22-382. Purpose. The city recognizes that the practice of legitimate massage therapy by trained and experienced therapists is a valuable component of our health care system. The city also recognizes that persons without legitimate massage training or experience may masquerade as massage therapists as a facade for unlawful purposes such as prostitution. It is the purpose of this article to clearly distinguish between these persons and to promote the public health, safety and general welfare by simultaneously acknowledging and permitting legitimate massage therapy and prohibiting the commission of sexual intercourse, sexual contacts or sexual acts for money. (Ord. No. 96-10, 9-12-96) Sec. 22-383. Definitions. For purposes of this article, the following definitions shall apply unless the context clearly implies otherwise: Client means any person who receives a therapeutic massage. Massage or therapeutic massage are used interchangeably to mean any method of rubbing, kneading, tapping, vibration, compression, percussion, application of friction or manipulation of the external parts of the human body other than parts of the body above the neck, with the hands or other parts of the body or with the aid of any instrument or device. Massage establishment or therapeutic massage establishment 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 means any person who performs therapeutic massage for consideration or gratuity or with the expectation of receiving consideration or any gratuity. Person means an individual, partnership, corporation or other entity. Recognized school means any post secondary, academic institution for massage, bodywork, and/or somatic therapy which offers a course of training in the theory, method, profession and work of massage therapy consisting of 500 hours or more, such institution being approved by the Maine Higher Education Department or an equivalent agency in another state. The 500 hours shall include at least 100 hours of anatomy/physiology; at least 100 hours devoted to professional aspects of the practice of massage including but not limited to ethics, draping, contraindications, first aid, CPR, and business management; and at least 200 hours of theory, practice and techniques of massage therapy. (Ord. No. 96-10, 9-12-96; Ord. No. 96-14, 11-14-96; Ord. No. 99-1, 2-18-99) ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:47 Sec. 22-384. Exemptions. The following persons shall be exempt from this article while licensed and practicing in accordance with the laws of this state: physicians, physician's assistants, surgeons, osteopaths, nurses, chiropractors, physical therapists, and persons holding a license issued by the State of Maine Department of Professional and Financial Regulations, Division of Licensing and Enforcement. Students enrolled in a recognized school who are required to give massages as part of their training shall be exempt from this article. (Ord. No. 96-10, 9-12-96; Ord. No. 96-14, 11-14-96; Ord. No. 99-1, 2-18-99) Sec. 22-385. General provisions to apply. Except to the extent that this article contains a contrary provision, all provisions of chapter 22 shall apply to this article. (Ord. No. 96-10, 9-12-96) DIVISION 2. LICENSES Sec. 22-386. Required. Therapeutic massage establishment license. No person shall operate a therapeutic massage establishment without a valid therapeutic massage establishment license issued by the city. A separate license shall be required for each such establishment. Massage therapist license. No person shall work as a massage therapist without a valid massage therapist license or a combined massage establishment/therapist license issued by the city. Combined massage establishment/massage therapist license. A sole practitioner who employs no massage therapist other than himself may apply for a combined massage establishment/massage therapist license in lieu of both a therapeutic massage establishment license and a massage therapist license. (Ord. No. 96-10, 9-12-96) Sec. 22-387. Compliance of existing therapists and massage establishments. Any person presently operating as a massage therapist and/or operating a massage establishment in the city as defined herein on the effective date of this article shall comply with the terms of this article by obtaining a license hereunder within three months of the effective date of this article. (Ord. No. 96-10, 9-12-96) Sec. 22-388. License fee; expiration. Each applicant, within 30 days of approval of the application and before issuance of the license, shall pay an annual fee according to the business fee schedule as established by the city council. If the fee is not paid within said 30 days, the approval of the application shall expire. Any license issued pursuant to this chapter shall expire one year from date of issuance, unless otherwise suspended or revoked. (Ord. No. 96-10, 9-12-96; Ord. No. 04-15, 7-15-04) Sec. 22-389. Application and information. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:48 Each applicant for a license shall: Complete all information upon and file an application on a form prescribed by the city clerk; Pay a nonrefundable application fee in accordance with the city's policy manual as approved by the city council in advance to the city clerk; 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, evidence of partnership, if a partnership, or articles of association and bylaws, if the applicant is an association, as well as a list of all officers and directors; File an affidavit which will identify all owners, officers, managers or partners of the applicant and their places of residence at the time of the application and for the immediately preceding five years; For a combined massage establishment/massage therapist license or a massage therapist license, submit two front face photographs of the applicant taken within 30 days of application, of such size as the clerk may specify; File the release authorized by 16 M.R.S.A. § 620(6), Criminal History Record Information Act, with the application for each applicant and for each officer, owner, manager or partner of an applicant seeking a therapeutic massage establishment or combined massage establishment/massage therapist license; and File any information not set forth above which is required by section 22-32. (Ord. No. 96-10, 9-12-96; Ord. No. 08-06d, 8-14-08) Sec. 22-390. Qualifications of applicant, officers. Within the five years immediately preceding the date of application, no applicant for a massage establishment or combined massage establishment/massage therapist license, nor any owner, officer, manager or partner of an applicant, shall have been convicted of a crime now classified under Maine Statute as a Class A, B, or C crime, a crime involving moral turpitude, the crimes of engaging in prostitution or promotion of prostitution, nor of violating any of the gambling, drug or prohibitive liquor laws under the laws of the United States or the State of Maine or any other state. Hereinafter any one of the foregoing convictions or violations may be referred to as a "disqualifying criminal conviction". (Ord. No. 96-10, 9-12-96) Sec. 22-391. Investigation of applicant, officers. Upon receipt of an application or notice of a change of the owners, officers, managers or partners of the applicant: The building inspector shall verify that the premises at which the establishment will be located complies with all applicable ordinances of the city including, but not limited to, the building code, electrical code, plumbing code and zoning ordinance and shall report his findings in writing to the city clerk; The city clerk shall review the application and other documents and determine whether such documents comply with all of the requirements of this article; ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:49 The health officer shall inspect the location or proposed location to determine whether the applicable ordinances relating to health and safety have been satisfied and shall report his findings in writing to the city clerk; The fire chief or his agent shall inspect the location or proposed location to determine if all city ordinances concerning fire and safety have been satisfied and shall submit his report in writing to the city clerk; and The police chief or his agent shall investigate the application, including the criminal history record information authorized under subsection 22-389(6) and required under section 22-390 and shall report his findings in writing to the city clerk. All reports under this section shall be filed with the city clerk. (Ord. No. 96-10, 9-12-96) Sec. 22-392. Basic proficiency. 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: Evidence of the satisfactory completion of all formal course work and training in massage therapy required for graduation from a recognized school, which shall be in the form of a diploma or certificate of graduation or equivalent documentation; or A written statement from a physician, nurse, osteopath, chiropractor, physical therapist, or member of the AMTA stating that that person refers clients to the applicant for therapeutic massage. (Ord. No. 96-10, 9-12-96) Sec. 22-393. Obtaining license by fraud. 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 chapter. All names, including, but not limited to maiden name, ever used by the applicant must be noted on the application. Any license so secured shall be void. (Ord. No. 96-10, 9-12-96) Sec. 22-394. 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 chapter. (Ord. No. 96-10, 9-12-96) Sec. 22-395. Standards for denial. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:50 A license under this division shall be denied to the following persons: Therapeutic massage establishment license: a. To a corporation not registered to do business in this state; or b. To a corporation if any principal officer thereof or any person having an actual ownership interest or management authority therein has a disqualifying criminal conviction (as defined in section 22-390) within the immediately preceding five years; or c. To an applicant, other than a corporation, if such applicant or any person having an actual ownership interest or management authority therein has a disqualifying criminal conviction within the immediately preceding five years. Massage therapist license, or combined massage establishment/massage therapist license: a. To an applicant who has a disqualifying criminal conviction at any time during the five years immediately preceding application; or b. To an applicant who is not at least 18 years of age. All licenses: a. To an applicant who has submitted an incomplete application, knowingly made an incorrect statement of a material nature, or failed to supply additional information required by the city clerk or reasonably necessary to determine whether the license is issuable; or b. To an applicant, if such applicant or any person having an actual ownership interest or management authority therein has been denied a license for knowingly making an incorrect statement of a material nature within the immediately preceding five years; or c. To an applicant, if such applicant or any person having an actual ownership interest or management authority therein has had a license granted pursuant to this article revoked for any reason within the immediately preceding five years. (Ord. No. 96-10, 9-12-96) Sec. 22-396. Grounds for suspension or revocation. All licenses. In addition to the grounds of denial set forth in section 22-395, any license may be suspended or revoked upon a determination that the licensee: Failed to notify the clerk of any change in material fact set forth in the application for such license; or Violated any provision of this article. Therapeutic massage establishment or combined establishment/therapist license. In addition to the provisions of subsection hereof, either a massage establishment license ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:51 or combined establishment/therapist license may be suspended or revoked upon a determination that the licensee: Permitted any person to perform therapeutic massage without a valid license to do so; Permitted or allowed an employee, massage therapist or conditional massage therapist, to violate any provision of this chapter on the premises of the establishment or in the course of conduct of the business of the establishment; or Knowingly permitted any violation of 17-A M.R.S.A. 851 through 855. Such knowledge shall be presumed if there has been a conviction of any such offense within the immediately preceding five years. The applicant or licensee may rebut said presumption by showing that: due diligence was exercised to prevent the recurrence of any such offense; and (ii) despite such diligence, he or she did not know and could not reasonably have known of any subsequent offense. (Ord. No. 96-10, 9-12-96) DIVISION 3. OPERATING REQUIREMENTS Sec. 22-397. Licenses displayed. A valid therapeutic massage establishment license shall be displayed at all times in an open and conspicuous place in the massage establishment for which it was issued. A valid massage therapist license or combined massage establishment/massage therapist license must be readily available to be produced immediately if demanded of the licensee. (Ord. No. 96-10, 9-12-96) Sec. 22-398. Age restrictions. No massage or therapeutic massage shall be practiced on a minor without the written consent of a parent or guardian. (Ord. No. 96-10, 9-12-96) Sec. 22-399. Massage tables. All therapeutic massage shall be administered on a massage table, treatment table, treatment mat, or treatment chair. (Ord. No. 96-10, 9-12-96) Sec. 22-400. Maintenance and cleaning. Every person who conducts or operates a therapeutic massage establishment shall keep the same 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. (Ord. No. 96-10, 9-12-96) Sec. 22-401. Prohibited activities. No massage therapist shall administer a massage to a client whose genitals are exposed. No massage therapist shall administer or agree to administer a massage to the genitals or ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:52 anus of a client. No massage therapist shall administer a massage unless he or she is fully clothed with nontransparent clothing of the type customarily worn by massage therapists while administering a massage. No massage therapist shall perform sexual intercourse, commit a sexual act or make sexual contact as defined in 17-A M.R.S.A. § 251, for pecuniary benefit to himself or a third party. (Ord. No. 96-10, 9-12-96) Sec. 22-402. Closing hours. 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. (Ord. No. 96-10, 9-12-96) Sec. 22-403. List of employees. The therapeutic massage establishment shall keep a written list of the names and current addresses of all employees, both on duty and off duty. Such list shall be shown to the chief of police, his authorized deputy, the city clerk or his representative, upon request. (Ord. No. 96-10, 9-12-96) DIVISION 4. PENALTIES Sec. 22-404. Penalties. The violation of any provision of this article shall be punished by a fine in accordance with the city's policy manual as approved by the city council. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. In addition to such penalty, the city may enjoin or abate any violation of this article by appropriate action, including, but not limited to revocation of the license. (Ord. No. 96-10, 9-12-96; Ord. No. 08-06d, 8-14-08) Secs. 22-405--22-409. Reserved. ARTICLE XIV. OUTPATIENT ADDICTION TREATMENT CLINICS Sec. 22-410. Purpose. The city council recognizes that an outpatient addiction treatment clinic can be a valuable component of our health care system. The city council also recognizes that the appropriate siting of such clinics, including restricting their proximity to schools, churches, family day care homes, small day care facilities, day care centers, and public parks and playgrounds as well as other locations where children and other young adults may frequent is important in order to protect the public. In addition, the city has devoted substantial resources and made significant efforts to attract retail and commercial development in the Southern Gateway Development District, South ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:53 Lewiston Retail Growth District, and Western Gateway Development District. The city council finds that it is in the best interests of the city to protect areas where efforts are currently being made to stimulate new business investment, and encourage focused and planned economic growth, which includes the districts identified above. Siting of outpatient addiction treatment clinics in these areas could detract from these efforts. Proper siting will also work to minimize potential adverse law enforcement impacts and overburdening of police and rescue resources. The city council finds that with the reasonable and necessary siting restrictions listed herein, there remain sufficient suitable areas within the city to site outpatient addiction treatment clinics. Licensing of these facilities will enhance community relations with the providers of such clinics and will establish lines of communications with the clinics. Licensing of these facilities is appropriate and consistent with the city's policies and practices to review and license business activities that impact its citizens. The licensing is not meant to duplicate the licensing done at the state level pursuant to 14-118 CMR Ch. 4 Regulations for Licensing/Certifying Substance Abuse Treatment Programs in the State of Maine, but to provide separate and additional requirements as necessitated by the above findings. (Ord. No. 06-06, 5-4-06) Sec. 22-411. Applicability. This article shall apply to any outpatient addiction treatment clinic which is located within the city. (Ord. No. 06-06, 5-4-06) Sec. 22-412. Definitions. For purposes of this article, the following definitions shall apply unless the content clearly implies otherwise: Church means a building, together with its contiguous accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Day care center means a building, structure or other place in which a person, or combination of persons, maintains or otherwise carries out a regular program, for consideration, for any part of the day providing protection and child care for more than 12 children under 13 years of age, who are unattended by parents or guardians for any part of the day, and which holds all necessary licenses and permits from the State of Maine and/or the City of Lewiston. Family day care home means child care for three to 12 children under 13 years of age (not related by blood or marriage to, or legal wards of the operator, or foster children living in the private family residence (i.e. dwelling unit) serving as the day care home) who are unattended by parents or guardians for any part of the day. A family day care home shall be operated by a person who is domiciled and a resident within the private family residence, and who is the holder of all necessary licenses and permits from the State of Maine and/or the City of Lewiston. Outpatient addiction treatment clinic means a program or facility operated for the purpose of and specializing in the care, treatment and/or rehabilitation of persons suffering with addictions, that is certified to dispense medication to clients under 42 Code of Federal Regulations, Part 8. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:54 School means a building together with its contiguous accessory buildings and uses for the education and learning of children. Uses within the meaning of this definition shall include private and public preschool, elementary, middle and high school. South Lewiston Retail Growth District. The area identified as a special retail growth area by the Lewiston City Council, which includes the contiguous land area defined in a map entitled (South Lewiston Retail Growth District), dated February, 2006 and kept on file with the Lewiston City Clerk. Southern Gateway Development District. The land area identified as per appendix A, article XVI, section 2 of this Code. Small day care facility means child care for three to 12 children under 13 years of age who, are unattended by parents or guardians for any part of the day, in a nonhome setting. Small day care facilities shall not be operated within a private family residence e. dwelling unit). Western Gateway Development District. The land area identified as per appendix A, article XVI, section 3 of this Code. (Ord. No. 06-06, 5-4-06; Ord. No. 17-07, 7-20-17) Sec. 22-413. Application requirements. All applications for licenses under this article shall be filed with, and in a form satisfactory to, the city clerk. Such application shall include, but is not limited to the following: Name, address and contact information including a phone number of the applicant and all other persons having a legal interest in the clinic and property and the individual(s) hired by the applicant to manage operation of the facility, if any. The location of the premises for which a license is sought by identification of city tax map number and street address. The dimensions and acreage of the property. A copy of a site plan, drawn to a scale of 50 feet or less to the inch, which contains the following information: The boundary lines of the property for which a license is sought. The location of all existing and proposed buildings and structures. The location of all existing and proposed parking areas and walkways and any other site improvements. The location and characteristics of all existing and proposed vegetation which is proposed to be maintained for required screening. The location and characteristics of all existing and proposed fencing proposed to be maintained for required screening. (10) A site location map at a scale of not greater on 1" to 100' showing all adjoining residential uses and any schools, churches, family day care homes, small day care facilities, day care centers and public parks and play grounds. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:55 (11) The location and characteristics of all vehicular entrances and exits serving the property. (12) A detailed description of the proposed outpatient addiction treatment clinic to include the following: population to be served, client services, methods of treatment, identification of controlled substances to be kept on site, staffing requirements, security provisions, hours of operation, anticipated parking demand, peak hour traffic, identification of other required licenses, etc. (13) Identification of any other approvals required the City of Lewiston, by any state agency or department or of any federal agencies. (14) A nonrefundable application fee in accordance with the city's policy manual as approved by the city council and an original and 15 copies of the license application and all supporting documentation. (Ord. No. 06-06, 5-4-06; Ord. No. 08-06d, 8-14-08) Sec. 22-414. Administration. City council review. License applications for outpatient addiction treatment clinics shall be filed with the city clerk and the clerk will order a background check from the police department for the applicant, individuals with a legal interest in the facility and any individual(s) hired to manage operation of the facility. The license application with the background check will then be reviewed by the city clerk to determine if the application is complete. If the application is not deemed complete, the license shall be denied. If the application is deemed to be complete, the application will be forwarded to the planning board for a recommendation regarding the location requirements contained in this article. In the event that development review approval is required pursuant to appendix A, article XIII of this Code, the planning board shall not provide a recommendation to the city council until it conducts a site plan review hearing on the proposed clinic. Planning board recommendation. Once the city clerk receives the recommendation from the planning board, the clerk shall schedule public hearings for the city council to consider the request to establish the proposed outpatient addiction treatment clinic. The city council shall conduct two public hearings on the application for a license to allow adequate time for public comment and review. Conditions of license approval. The city council may impose conditions on the approval of any license application under this article to ensure compliance with the provisions of this article or any other provision of law. Such conditions may include, but are not limited to, the following: That the applicant provide documentation to the city clerk of the receipt of all approvals required by any federal or state agency or department pursuant to federal or state law prior to clinic operations. That the applicant provide documentation to the city clerk of the receipt of any approvals required by any city board pursuant to this Code prior to the issuance of any license under this article. That any screening and or other requirements imposed by the city council ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:56 pursuant to the provisions of this article or by the planning board upon development review, shall be installed, completed and approved by staff prior to the issuance of any license under this article. (Ord. No. 06-06, 5-4-06) Sec. 22-415. Location criteria. Applicants for licenses must demonstrate to the satisfaction of the city council that all of the standards contained in this section are met in order to approve a license to operate an outpatient addiction treatment clinic. Location criteria. a. No clinic may be located within 1,000 feet of any church, school, family day care home, small day care facility, day care center, or public park or playground. b. No clinic may be located within the bounds of the following revitalization and/or growth areas: South Lewiston Retail Growth Area, Southern Gateway, and the Western Gateway. Neighborhood compatibility standards. No license shall be approved if the city council finds that the granting of the license would violate one or more of the following neighborhood compatibility standards: a. Neither the proposed use nor the proposed site upon which the use will be located is of such a character that the use will have significant adverse impact upon the value or quiet possession of surrounding properties. The city council may not find that this standard is satisfied unless it finds that: 1. The size of the proposed use is comparable to the size of surrounding uses; 2. The amount and type of traffic to be generated, hours of operation, expanse of pavement, and the number of parking spaces are comparable to surrounding uses; 3. The generation of noise, dust, odor, vibration, glare, smoke, litter and other nuisances is comparable to that generated surrounding uses; 4. The impact of the use on the quality and quantity of groundwater available to abutting properties is comparable to that for surrounding uses; 5. Unusual physical characteristics of the site, including size of the lot, shape of the lot, topography, and soils, do not aggravate adverse impacts upon surrounding properties. Vehicular and pedestrian access and circulation to, from, into and within the site will be safe and no public way will be overburdened or made hazardous as a result of the new use of and/or development of the property. The city council may not find that this standard has been satisfied unless it first finds that: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:57 a. Vehicular access to the site will be on roads which have adequate capacity to accommodate the additional traffic generated by the development. Adequate capacity means that: Intersections on major access routes to the site within a one-half mile radius of any entrance road will function after development at a minimum at Level of Service C, as defined in Maine Department of Transportation regulations, 17-229 C.M.R. Ch. 305, Rules and Regulations Pertaining to Traffic Movement Permits (2000); or b. If any such intersection is functioning at a Level of Service D (as defined in MDOT regulations Chapter 305, cited above) or lower prior to the development, the project will not reduce the current level of service. The city council may approve a license for an application not meeting this requirement if the applicant demonstrates that: A public agency has committed funds to construct the improvements necessary to bring the level of access to said standard, or the applicant will assume financial responsibility for the improvements necessary to bring the level of service to said standard and will guarantee the completion of the improvements within one year of approval of the license. The topography of the site shall permit the construction of all driveways, entrances or proposed streets to meet the standards set forth in appendix A, article XIII, subsection 4(c) of this Code. Adequate facilities are present to assure the safety of pedestrians passing by or through the site. Municipal or other facilities serving the proposed use will not be overburdened or made hazardous. The city council may not find that this standard is satisfied unless it finds that: The capacity of sewerage and water supply systems is adequate to accommodate the proposed use; the capacity of the storm drainage system is adequate to accommodate the proposed use; and the ability of the fire department to provide necessary protection services to the site and development is adequate. The soils on the proposed site shall have adequate capacity and stability to support all loadings, including fill, developed by the proposed use and the use will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water to the extent that a dangerous or unhealthy condition may result on the site or upon the land of abutters. In considering whether this standard is satisfied, the city council shall take into account the elevation above sea level of the site and surrounding properties, its relation to floodplains, the slope and vegetation of the land and their effects on drainage. The scale and design of the proposed structures with respect to materials, scale and massing shall be compatible with existing structures within 500 feet of the site in areas where the existing structures are of a similar scale and architectural treatment. (Ord. No. 06-06, 5-4-06) Sec. 22-416. Screening requirements. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:58 All clinics shall be required to erect and maintain opaque fencing to provide an effective visual screen at least six feet in height to be located along side and rear property lines that abut properties in residential use. Said fencing is to screen the clinic entrance and parking lot from ordinary view from all directly adjoining properties. (Ord. No. 06-06, 5-4-06) Sec. 22-417. Meetings with the chief of police. Meetings will be conducted at the clinic, held at the discretion of the chief of police, to allow the applicant and city staff the opportunity to discuss issues with the chief of police and or his designee. The purpose of said meetings is to establish a good working relationship between the police department and the owner and operators of clinics. (Ord. No. 06-06, 5-4-06; Ord. No. 15-12, 11-19-15) Sec. 22-418. Nonconforming uses. Any outpatient addiction treatment clinic in lawful existence on the effective date of this article may remain in operation in its present location for 12 months following the effective date of this article. Thereafter, such clinics shall be required to comply with all the provisions of this article except the location and screening requirements set forth in sections 22-415 and 22-416 supra. (Ord. No. 06-06, 5-4-06) Sec. 22-419. Penalty for violation of article. Any person who violates any provision of this article or the terms of any license issued under this article may be penalized in the following manner: Temporary suspension. The city clerk is authorized, pursuant to section 22-44, to immediately and temporarily suspend any license when continued operation of the licensed premises or activity presents a danger to the health, safety or the general welfare of the public. Suspension or revocation. The city council may suspend or revoke a license in accordance with the provisions of section 22-44 of this chapter. Civil penalties. A violator may be required to pay the penalties imposed by section 1-8 of this Code or 30-A M.R.S.A. (4452 et seq. as amended). A judgment from such a lawsuit in the city's favor can result in a court order that the owner and/or operator of said clinic abate any violations, pay a penalty in accordance with the city's policy manual as approved by the city council, and pay the court costs and legal and expert witness fees incurred by the city. (Ord. No. 06-06, 5-4-06; Ord. No. 08-06d, 8-14-08) ARTICLE XV. ADULT USE AND MEDICIAL MARIJUANA Sec. 22-420. Purpose. The purpose of this chapter is to implement the Marijuana Legalization Act, 28-B M.R.S.§101 et seq. and the Maine Medical Use of Marijuana Act, 22 M.R.S. §2421 et seq., and to protect the public health, safety, and welfare of the residents of and visitors to the City of Lewiston by ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:59 prescribing the manner in which the cultivation and distribution of marijuana can be conducted in the City. This Article XV is adopted pursuant to the authority granted by 28-B M.R.S.A. § 401 et seq., as may be amended, and 22 M.R.S.A. §2429-D et seq., as may be amended. In addition, this chapter: 1. Provides for the safe sale and distribution of marijuana to those who qualify to obtain, possess, and use marijuana under the Marijuana Legalization Act and Maine Medical Marijuana Act; 2. Protects public health and safety through reasonable controls on marijuana cultivation, manufacturing, testing, and distribution operations as they relate to noise, air and water quality, f ood safety, neighborhood and customer safety, security for these operations and their personnel, and other health and safety concerns; 3. Imposes fees to cover the City’s costs of licensing the cultivation, manufacturing, distribution and sale of marijuana and enforcing the regulations outlined in this Article; and 4. Adopts a mechanism for monitoring compliance with the provisions of this chapter. (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) Sec. 22-421. Applicability. This article shall apply to any persons or entities operating or interested in operating a Marijuana Businesses within city. (Ord. No. 19-13, 12-19-19) Sec. 22-422. Definitions. For purposes of this article, the following definitions apply unless the content clearly implies otherwise: Adult use: the cultivation, manufacture, sale, or use of marijuana or a marijuana product by a person 21 years of age or older in accordance with MRS 28-B. Caregiver: a person or an assistant of that person that provides care for a qualifying patient in accordance with MRS 22 § 2423-A subsection 2. Child care facility: a “child care facility” as that term is defined in 22 M.R.S § 8301-A(1-A)(B). City Department means any or all of the chief of police, the fire chief, the director of planning and code enforcement and their designees who administer the provisions of this chapter. Cultivation or Cultivate: the planting, propagation, growing, harvesting, drying, curing, grading, trimming or other processing of marijuana for use or sale. "Cultivation" or "cultivate" does not include manufacturing, testing or marijuana extraction. Disqualifying offense means a conviction for a violation of a state or federal law that is a ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:60 crime punishable by imprisonment for one year or more or (ii) a crime punishable by imprisonment for less than one year if it is violation of the Marijuana Legalization Act, 28-B M.R.S.§101 et seq. or the Maine Medical Use of Marijuana Act It does not include an offense that consisted of conduct that would have been permitted under this chapter. Dwelling: any building or structure or portion thereof designed or used for residential purposes. Food Establishment means a factory, plant, warehouse, or store in which food and food products are manufactured, processed, packed, held for introduction into commerce, or sold and includes a caregiver or a registered dispensary that prepares food containing marijuana for medical use by a qualifying patient. It does not include a caregiver conducting an activity for a qualifying patient who is a member of the caregiver’s family as defined in MRS Title 22 Section 2422 5-A. Fully enclosed, locked facility: means a structure or space within a structure which is covered on all sides with material sufficient to prevent entry other than through a door which is equipped with locks and permits access only to the licensee or a designee. Harvested Marijuana: the plant material harvested from a mature marijuana plant, except the stalks, leaves and roots. Immature marijuana plant: a marijuana plant that is not a mature marijuana plant or a seedling. Manufacture or Manufacturing: any process involving the extraction, production, blending, infusing, compounding or other preparation of marijuana concentrate and marijuana products, including by means of chemical or mechanical force. Marijuana: the leaves, stems, flowers and seeds of a marijuana plant, whether growing or not. Marijuana includes marijuana concentrate but does not include industrial hemp as defined in Title 7, section 2231, subsection 1 or a marijuana product. Marijuana Business: any person involved in the cultivation, processing, testing, sale, or manufacturing of marijuana and marijuana products for commercial adult or medical use, including: Facilities for Marijuana Cultivation, Marijuana Manufacturing, Marijuana Testing as well as Registered Dispensaries and Marijuana Stores, or Registered Caregivers licensed under this Ordinance. Marijuana Cultivation facility: a facility licensed under this ordinance to purchase marijuana plants and seeds from other cultivation facilities; to cultivate, prepare and package marijuana; to sell adult use marijuana to Manufacturing Facilities, to Marijuana Stores and to other cultivation facilities; and to sell marijuana plants and seeds to other cultivation facilities and immature marijuana plants and seedlings to Marijuana Stores; cultivate, prepare and package medical marijuana at a location that is not the residence of the Registered Caregiver or Qualifying Patient Marijuana extraction: the process of extracting marijuana concentrate from marijuana using water, lipids, gases, solvents or other chemicals or chemical processes. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:61 Marijuana flower: is the pistillate reproductive organs of a mature marijuana plant, whether processed or unprocessed, including the flowers and buds of the plant. "Marijuana flower" does not include marijuana trim or whole mature marijuana plants. Marijuana Nursery Cultivation Facility: a facility licensed under this ordinance to cultivate adult marijuana with not more than 1,000 SF of plant canopy pursuant to MRS 28-B Section501. Marijuana Manufacturing Facility: a facility licensed under this ordinance to purchase marijuana from a cultivation facility or another products manufacturing facility; to manufacture, label and package marijuana and marijuana products; and to sell marijuana and marijuana products to marijuana stores and to other products manufacturing facilities; or, a registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in marijuana extraction under section MRS 22 Section 2423-F. Marijuana plant: all species of the plant genus cannabis, including, but not limited to, a mother plant, a mature marijuana plant, an immature marijuana plant or a seedling. Marijuana product: a product composed of marijuana or marijuana concentrate and other ingredients that is intended for use or consumption. "Marijuana product" includes, but is not limited to, an edible marijuana product, a marijuana ointment and a marijuana tincture. "Marijuana product" does not include marijuana concentrate or a product containing hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.b Marijuana Store: a facility licensed under this ordinance where qualified individuals may purchase marijuana, immature marijuana plants and seedlings from a Cultivation Facility, purchase marijuana and marijuana products from a Manufacturing Facility and sell marijuana, marijuana products, immature marijuana plants and seedlings to consumers for their own use and not for resale or distribution. Marijuana Testing Facility: a facility licensed under this ordinance to: develop, research and test adult use marijuana, adult use marijuana products and other substances; or authorized in accordance with MRS 22 Section 2423-A, subsection 10, to analyze contaminants in and the potency and cannabinoid profile of medical marijuana samples and is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party accrediting body or is certified, registered or accredited by an organization approved by the State of Maine. Medical use means the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered patient’s medical diagnosis or for which a medical provider has provided the qualifying patient a written certification. Multifamily dwelling means a building containing three or more dwelling units, such buildings being designed for residential use and occupancy by three or more families living independently of one another, with the number of families not exceeding the number of dwelling units, and which is not a single-family attached dwelling. Person: an individual or other entity, including a partnership, Limited Liability Company, ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:62 corporation or other form of business. Plant Canopy: the total surface area within the licensed premises of an Adult Use Marijuana Cultivation Facility that is authorized for use at any time by the cultivation facility licensee to cultivate mature marijuana plants. The surface area of the plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the plant canopy consists of non-contiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used by the cultivation facility licensee, the surface area of each tier or shelf must be included in calculating the area of the plant canopy. Calculation of the area of the plant canopy may not include the areas within the licensed premises of a cultivation facility that are used by the licensee to cultivate immature marijuana plants and seedlings and that are not used by the licensee at any time to cultivate mature marijuana plants. Private school: Per M.R.S. 20-A, a private school is an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. Public park, playground or recreational facility means any of the following city-owned or operated public fields, parks, playgrounds and recreational facilities: Child’s Park; Couture Park; Farwell School grounds; Franklin Pasture Athletic Complex; Geiger School grounds; Jude’s Place at Marcotte Park; Judge Armand A. Dufresne, Jr. Plaza; Kennedy Park; Knox Street Park; Leeds Park; Lewiston Athletic Park; Lewiston Memorial Armory; Lincoln Street Boat Launch and Park; Lionel Potvin Park; Longley School grounds; Marcotte Park; Mark W. Paradis Park; Martel School grounds; Mayer Park; McMahon School grounds; Mike McGraw Park; Montello School grounds; Pettingill School Park; Randall Road Softball Complex; Raymond Park; Ricker Park; Riverside Greenway; ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:63 Simard-Payne Police Memorial Park; Smiley Park; Sunnyside Park; Veterans Memorial Park. Public preschool program: Per M.R.S. 20-A, a public preschool program is a program offered by a public elementary school pursuant to Title 20-A, Chapter 203, that provides instruction to children who are 4 years of age, including but not limited to a Head Start program that is approved as a component of the public preschool program. Public school: Per M.R.S. 20-A, a public school is a school that is governed by a school board of a school administrative unit and funded primarily with public funds. Qualifying patient: a person who has been a resident of the State for at least 30 days and who possesses a valid written certification regarding medical use of marijuana in accordance with MRS 22 Section 2423-B. Registered caregiver: a person or an assistant of that person that provides care for a qualifying patient and who is registered by the State of Maine pursuant to MRS 22 Section 24 Registered Dispensary: a person that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana or related supplies and educational materials to qualifying patients and the caregivers of those patients as that term is defined in MRS22 Section 2422(6), as may be amended. Residential zoning districts: As defined in Appendix A, Article II, residential zoning districts are those zoning districts in which residential uses are predominate uses allowed. This shall include the following districts: Rural Agricultural (RA), Low Density Residential (LDR), Suburban Residential (SR), Medium Density Residential (MDR), Neighborhood Conservation (NCA), and Neighborhood Conservation (NCB). School: means a public school, a private school, or a public preschool program. School does not include institutions of higher learning such as colleges or universities. Testing or test: the research and analysis of marijuana, marijuana products or other substances for contaminants, safety or potency. (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) Sec. 22-423. License required; exceptions. No person shall engage, operate or maintain a Marijuana Business in the city unless such person has first acquired a license in accordance with this Article. A separate license is required for each Marijuana Business, whether located on the same premise, building, or property. In addition to such required license, no person shall engage in the manufacturing of marijuana as a home occupation unless such person has first acquired a home occupation permit in accordance with Appendix A of the Lewiston Code of Ordinances. No person shall engage in the manufacturing of marijuana as a home occupation using inherently hazardous product or ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:64 process. The following do not require a business license: 1. Personal use. Each person 21 years of age or older who is cultivating or manufacturing marijuana for their personal medical or their personal adult use. Those persons cultivating or manufacturing for personal adult use shall: 2. Caregivers. Caregivers who manufacture or cultivate medical marijuana only for qualifying patients who are members of their household or are members of the caregiver’s family in accordance with MRS 22 § 2423-A subsection 3(C). 3. Those persons who are authorized to cultivate or manufacture marijuana or marijuana products without a business license shall: a. Restrict such activities to the premises at which the person is domiciled; b. Cultivate and manufacture only within fully enclosed, locked structures; and c. Mitigate any and all odor from marijuana plants or other marijuana products. i. Odor shall not be detected off-site of the premises that are under custody or control of the person cultivating. ii. Odor shall not cause or create a public nuisance at common law. d. Outdoor cultivation of marijuana for personal recreational use is prohibited. (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) Sec. 22-424. Additional licensing requirements. 1. Special Food Handler. Persons who manufacture, process, store, or sell prepared goods containing marijuana for consumption off premises shall obtain a Special Food Handler B license from the City Clerk. 2. Home occupations. Persons who manufacture, process, store, or sell prepared goods containing marijuana for consumption off premises and are authorized to do so as a home occupation shall, in addition to obtaining a Special Food Handler B license from the City Clerk, obtain a Use Permit for a home occupation from the Department of Planning and Code Enforcement in accordance with Appendix A, Articles II and V of the Code of Ordinances. Home occupations shall comply with all applicable rules set forth in this Chapter. 3. State licensing. Persons who manufacture, process, store, or sell prepared goods containing marijuana for consumption shall obtain all applicable and necessary licenses and permits as may be required by the State of Maine Department of Agriculture, Conservation and Forestry (DACF) and shall comply with all applicable standards set forth by DACF. (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:65 Sec. 22-425. Reserved. Sec. 22-426. Background checks. The city clerk shall order background checks from the State of Maine on all applicants for a Marijuana Businesses license. Updated background checks shall be conducted annually at the time of license renewal. Background checks shall be conducted in each state where such individuals have resided since the age of 18. It shall be the responsibility of the applicant to obtain official background checks from states in which they have resided since the age of 18. (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) Secs. 22-427 - 428. Reserved. Sec. 22-429. Application requirements. 1. Form. All applications for Marijuana Business licenses under this article shall be filed with, and in a form satisfactory to, the city clerk. All applicants must be qualified according to the provisions of this Article and shall provide sufficient information to demonstrate that they meet all qualifications and standards established in this Ordinance. a. If the applicant who wishes to operate a Marijuana Business is a single individual, that person must sign the license application. If the applicant who wishes to operate a Marijuana Business is more than one individual, each person who has an interest in the business must sign the application. b. Each applicant must meet all qualifications set forth in this Article. Each applicant shall be considered a licensee if a license is granted. 2. Business structure. The completed application for a Marijuana Business license shall contain, at a minimum, the following information and shall be accompanied by the specified documentation: a. Individuals. The applicant’s legal name and any aliases and proof that the applicant is at least twenty-one (21) years of age. b. Partnerships. i. The complete name of the partnership; ii. The names of all partners; iii. Whether the partnership is general or limited; iv. A copy of the partnership agreement, if any; and v. Proof that all partners are at least twenty-one (21) years of age. Each general partner must sign the application. Each general partner as well as the partnership must meet all qualifications set forth in this Article. Each general partner as well as the partnership shall be considered a licensee if a license is granted. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:66 c. Corporations. i. The corporation’s complete name; ii. The date of its incorporation; iii. Evidence that the corporation is in good standing with the State of Maine; iv. The names and capacities of all officers, directors, and principal (owning 10% or more of the shares of the corporation) stockholders; v. The name of the registered corporate agent; vi. The address of the registered office for service of process; and vii. Proof that all officers, directors, and principal stockholders are at least twenty-one (21) years of age. A corporate officer must sign the application. Each of the corporation and corporate officer must meet all qualifications set forth in this Article. Each of the corporation and corporate officer shall be considered a licensee if a license is granted. d. Limited Liability Companies (LLC’s) i. The LLC’s complete name; ii. The date of its establishment; iii. Evidence that the LLC is in good standing with the State of Maine; iv. The names and capacities of all managers and members; v. A copy of its operating agreement, if any; vi. The address of its registered office for service of process; and vii. Proof that all members and managers are at least twenty-one (21) years of age. A duly authorized manager must sign the application. Each of the limited liability company and manager must meet all qualifications set forth in this Article. Each of the limited liability company and manager shall be considered a licensee if a license is granted. 3. Additional applicant information. a. Aliases and D. B. A.’s If the applicant intends to operate the Marijuana Business under a name other than that of the applicant, the Marijuana Business’ name must be stated and the required registration documents must be submitted. b. Previous criminal convictions. If the applicant, an officer, principal shareholder, member, manager or employee has been convicted of criminal activity under State and/or federal law, the specified criminal offense involved must be listed including the date, place, and jurisdiction of each conviction. c. Previous applications. If the applicant, as an individual, partner, or officer, director, or principal stockholder of a corporation engaged in a Marijuana Business, or the partner of a partnership, or the members or managers of a limited liability company has had a previous license application denied or had such a ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:67 license suspended or revoked under this ordinance or in any other governmental jurisdiction, the applicant must list the name and location of the Marijuana Business, the reason for which the license was denied, suspended, or revoked, the date of the denial, suspension, or revocation, and the position held in the Marijuana Business. d. Additional licenses and permits. If the applicant holds any other permits/licenses under this ordinance or other similar Marijuana Business license from another governmental jurisdiction, the applicant shall provide the names and locations of such other permitted/licensed businesses. e. Contact information. The applicant's telephone number, email address, mailing address and residential address. f. Identification. The applicant's driver's license or State of Maine Identification Card and, if applicable, a copy of a valid registered primary caregiver identification card issued by the State of Maine 4. Business location information. a. The type of Marijuana Business for which the applicant is seeking a license. b. The location of the proposed Marijuana Business, including a legal description of the property, street address, and telephone number. c. Sufficient documentation demonstrating possession or entitlement to possession of the proposed premises of the Marijuana Business pursuant to a lease, rental agreement, purchase and sale agreement, ownership, or other arrangement for possession of the premises. d. A sketch showing the configuration of the subject premises, including building footprint, interior layout identifying floor space to be occupied by the business, and parking plan. The sketch must be drawn to scale with marked dimensions. e. To prevent and control marijuana odors, an odor control plan describing the odor(s) originating or anticipated to originate at the premises and the control technologies to be used to prevent such odor(s) from leaving the premises shall be completed and submitted as part of the license application. f. Documentation that the proposed business does not violate any of the required setbacks listed in Sec. 22-430(3). 5. Miscellaneous. a. An application fee in accordance with the city's policy manual as established by the city council shall be due at the time an application is submitted. i. In the event that an application is denied or withdrawn by the ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:68 applicant within 90 days of submittal, the associated application fee shall be refunded at 50 percent of the total fee. Fees for background checks are nonrefundable. Requests for refunds must be made in writing to the City Clerk. ii. Failure of the applicant to not obtain a license from the City within 180-days of submittal shall result in the denial of the license application. The applicant may apply for a 60- day extension by submitting a written request to the City Clerk within 180-days of the original submission. iii. In the event that an active or pending license is denied or revoked for failure to comply with this or any other city ordinance, no portion of the license fee shall be eligible for refund. b. Those persons seeking to operate an adult use marijuana business must include in their application for a local license proof that, pursuant to 28-B M.R.S. § 402, the applicant has been issued a conditional license by the State of Maine to operate the Adult Use Marijuana Business. All applications for a medical Marijuana Business license shall be kept confidential by the City. (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) Sec. 22-430. Performance standards for Marijuana Business. All marijuana businesses shall comply with the requirements of the City of Lewiston Code of Ordinances, Appendix A Zoning and Land Use Code, Article XII, Section 21 as well as the following provisions: 1. There shall be no cultivation or storage of marijuana or, marijuana products outside of a structure. 2. Operating requirements for marijuana businesses. All activities of marijuana businesses, including, without limitation, cultivating, growing, manufacturing, processing, displaying, selling and storage, shall be conducted indoors. Marijuana businesses are not permitted to conduct outdoor sales or services of any kind. Any common areas, including, but not limited to storage areas and building facilities, shared with another marijuana business must be clearly identified as such in the license application. 3. Odor management. For all marijuana businesses, the odor of marijuana, noxious gases, or other fumes must not be detectable offsite, i.e., must not be detected at premises that are not under the custody or control of the establishment. 4. Sufficient measures and means of preventing smoke, debris, dust, fluids and other substances from exiting a marijuana business must be provided and operating at all times. 5. Sufficient and appropriate security measures to deter the theft of marijuana and prevent unauthorized entrance into areas containing marijuana must be provided at all times. Security measures shall include, at minimum, the following: a. security surveillance cameras installed and operating 24 hours a day, 7 days a ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:69 week to monitor all entrances, along with interior and exterior of the premises to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises; b. door and window intrusion alarm systems with audible and Police Department notification components that are professionally monitored and maintained in good working order; c. a locking safe or its functional equivalent permanently affixed to the premises that is suitable for storage of all adult use marijuana products, medical marijuana products and cash stored overnight on the premises; d. exterior lighting that illuminates the exterior walls of the premises and complies with applicable provisions of the Code of Ordinances; and e. deadbolt locks on all exterior doors and locks or bars on any other access points windows). 6. Manufacture of marijuana using inherently hazardous substances. The extraction of marijuana using inherently hazardous substances is prohibited unless: a. the person has sought and obtained authorization to do so with the State of Maine, and b. such activity is located in a zoning district where a Marijuana Manufacturing Facility is an allowed use. 7. Other laws remain applicable. A marijuana establishment shall meet all operating and other requirements of State and local law and regulation. To the extent the State of Maine has adopted or adopts in the future any stricter law or regulation governing adult use marijuana and/or marijuana establishments, the stricter law or regulation shall control. 8. Businesses must satisfy all applicable State of Maine and city code requirements such as, but not limited to, electrical, plumbing, building, ventilation, energy conservation, life safety, and mechanical codes in addition to the environmental performance standards with respect to odors and other environmental considerations as per Appendix A, Article XII, Section 19. (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) Secs. 22-431 - 432. Reserved. Sec. 22-433. Inspection of marijuana businesses A marijuana business is subject to inspection as follows: 1. Submission of a license application for a marijuana business shall constitute permission for entry and inspection. 2. A marijuana business shall allow the City Department to carry out an inspection in ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:70 accordance with this chapter at any reasonable time. 3. During an inspection, the City Department may identify violations of this chapter or other provisions of the Code or State Law. The marijuana business may receive written notice by certified mail of the nature of the violations. If so, the marijuana business must notify, in writing, the representative of the City Department identified in such notice within ten (10) business days of the date of the notice of violations identifying the corrective actions taken and the date of the correction. 4. Failure to cooperate with required inspections and to respond to notices of violations as specified shall be grounds for the city clerk or the City Department to temporarily suspend the license of the marijuana business, subject to potential license revocation by the city administrator. (Ord. No. 19-13, 12-19-19) Sec. 22-434. Denial of application. The city clerk may deny an application for a license based on the applicant’s failure to comply with the application requirements set out in these rules, including the applicant’s failure to provide the required information; and/or a determination that the information provided was materially inaccurate or incomplete. (Ord. No. 19-13, 12-19-19) Sec. 22-435. Disqualifying conviction. The City shall not approve a license for a marijuana business if under any of the following circumstances: a. Disqualifying conviction. The applicant has been convicted of a disqualifying offense in Maine or another jurisdiction within the last ten (10) years. b. Disqualifying misdemeanor. The applicant has been convicted of a misdemeanor or a violation of a local ordinance involving a controlled substance, dishonesty, theft, or fraud within the past five years. c. False information. The applicant has knowingly submitted an application under this article that contains false information. d. Insurance. The applicant has failed to demonstrate the ability to maintain adequate premises liability and casualty insurance. e. State criteria. The applicant has failed to meet criteria established by the State of Maine for the operation of a marijuana business. f. Tax delinquency. The applicant is tax delinquent at the local level. The city clerk or the City Department shall temporarily suspend the license for a marijuana business for any violations of the provisions contained within this chapter. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:71 (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) Sec. 22-436. Revocation of license. Grounds for revocation of a license of a marijuana business by the city administrator include the following actions of a licensee: 1. Conviction of the licensee of selling, furnishing, or giving marijuana to a person who is not allowed to possess marijuana in accordance with these rules and the applicable state statutes. 2. Conviction of a disqualifying drug offense by the licensee. 3. Conviction of dispensing, delivering, or otherwise transferring marijuana to a person other than a registered patient who has designated the registered primary caregiver to cultivate marijuana. 4. Failure to cooperate with required inspections. 5. Failure to timely rectify any Notice of Violations. 6. Violations of any laws, rules, or ordinances that govern the operation of a marijuana business. 7. Committing, permitting, aiding or abetting any illegal practices in the operation of a marijuana business; 8. Conduct or practices that are detrimental to the safety and welfare of patient or/customers; 9. Providing information that is materially inaccurate or incomplete; and 10. Revocation or suspension of any state license or permit related to the Marijuana Business with which the licensee is associated (Ord. No. 19-13, 12-19-19) Sec. 22-437. Reserved. Sec. 22-438. License administration for a marijuana business. The city clerk and the City Department may impose conditions on the approval of any license application under this article to ensure compliance with the provisions of this article or any other provision of law. Such conditions may include, but are not limited to, the following: 1. That the applicant provide documentation to the city clerk of the receipt of all approvals required from any federal or state agency or department pursuant to federal or state law prior to operations. 2. That the applicant provide documentation to the city clerk of the receipt of any approvals required by any city board pursuant to this Code prior to the issuance of any license under this article. (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:72 Sec. 22-439. Appeals. Decisions on marijuana business licenses may be appealed to the Board of Appeals in accordance with the requirements of Article IX in Appendix A of the Lewiston Code of Ordinances. (Ord. No. 22-04, 3-31-22) Secs. 22-440 - 441. Reserved. Sec. 22-442. Penalty for violation of article. Any person who violates any provision of this article or the terms of any license issued under this article may be penalized in the following manner: 1. Temporary suspension. The city clerk and the City Department are authorized, pursuant to section 22-44, to immediately and temporarily suspend any license when continued operation of the licensed premises or activity presents a danger to the health, safety or the general welfare of the public. 2. The city administrator may suspend or revoke a license for a marijuana business in accordance with the provisions of section 22-436 of this article. 3. Civil penalties. A violator may be required to pay the penalties imposed by section 1-8 of this Code or 30-A M.R.S.A. (4452 et seq. as amended). A court judgment in the city's favor may result in a court order that the owner and/or operator of said Marijuana Business abate any violations, pay a penalty in accordance with the city's policy manual as approved by the city council, and pay the court costs and legal and expert witness fees incurred by the city. Notwithstanding the above, the chief of police may initiate criminal proceedings relative to individuals engaged in the unlawful distribution, use and cultivation of marijuana. (Ord. No. 19-13, 12-19-19) Sec. 22-443. Confidentiality. All applications and supporting information submitted by primary caregivers under this ordinance, and the identity of registered primary caregivers and registered patients, shall be confidential pursuant to the Act, 22 M.R.S.A. §2425A, and the Maine Freedom of Access law, 1 M.R.S.A. §402(3)(F). (Ord. No. 19-13, 12-19-19; Ord. No. 22-04, 3-31-22) Secs. 22-444 – 22-449. Reserved ARTICLE XVI. HOMELESS SHELTERS* Sec. 22-450. Purpose and authority. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:73 This subsection is enacted pursuant to authority granted under 30-A M.R.S. § 3001. The purpose of this subsection is to set forth procedures and standards for the issuances of local licenses for homeless shelters in order to protect public health, safety and welfare. (Ord. No. 22-19, 10-20-2022) Sec. 22-451. 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: Applicant means a person that has submitted an application for licensure as a homeless shelter pursuant to this Article XVI. Controlling Person means a Person who is an officer, including executive director and manager of the homeless shelter, or (ii) a holder of more than ten (10) percent of the ownership interest in a for-profit organization that manages or operates the homeless shelter. Guest means a person who is staying at a homeless shelter. Guests are not tenants. Homeless means the term as defined in 24 CFR §576.2 “Persons Experiencing Homelessness” as well as in MRSA Title 22 §4301 “Municipal General Assistance”. If a discrepancy exists between the federal and state definitions, the state definition takes precedence. Homeless child or youth means a person 21 years of age or younger who is: 1) unaccompanied by a parent, guardian, or caregiver; or 2) part of a homeless family. For youth shelters within the city, the state definition of homeless youth shall be applied due to state licensing requirements. Homeless family means one or two caregivers and includes at least one or more children or youth. Homeless shelter means a facility, the primary purpose of which is to provide temporary overnight accommodations to homeless persons who are guests, free of monetary charge, in either a dormitory-style arrangement (i.e. bedrooms with no cooking facilities), dwelling unit- style, beds arranged in large common rooms, or any combination of such arrangements. Accommodations are provided on a temporary basis, meaning that the facility is intended to serve as a refuge and a bridge between homelessness and residency in a fixed location. The facility may also provide accessory support services such as food, hygiene, laundry, and staff offices; as well as meeting rooms for counseling, job training, and referrals to state, local or other agencies and organizations. The term does not include federal, state, or municipal subsidy of temporary accommodations using existing homes, apartments, hotels, motels, or facilities when deemed a local emergency by City of Lewiston pursuant to Chapter 30 of the Code of Ordinances. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:74 Licensed premises means the premises specified in an application for a license pursuant to this article or within a license issued pursuant to this article. Licensee means any holder of a valid and current license or permit issued by the city pursuant to this article. Licensing authority means the city council in the case of new applications and the city clerk in the case of renewals of the license, subject to appeal to the city council as described below. Person means a natural person, and entities such as partnerships, associations, companies, corporations, limited liability companies and organizations. "Person" does not include any governmental organization. Premises means all lands, buildings, structures, places and also the equipment and appurtenances connected or used therewith in any homeless shelter, and also any personal property which is either affixed to, or is otherwise used in connection with, any such homeless shelter conducted on such premises Terms not defined in this article shall have the same meanings as they have in the Code of Ordinances, Zoning and Land Use Code and in other articles of Chapter 22 of the Code of Ordinances. (Ord. No. 22-19, 10-20-22; Ord. No. 23-22, 9-14-23; Ord. No. 24-05, 10-3-24; Ord. No. 24-14, 11-19-24) Sec. 22-452. License requirement. No homeless shelter shall operate unless it has obtained a license issued pursuant to this article. A license is not required for temporary accommodations using existing homes, apartments, hotels, motels or other facilities that are in receipt of federal, state, or municipal subsidies or grants under circumstances when the city has declared an emergency pursuant to Chapter 30 of the Code of Ordinances. (Ord. No. 22-19, 10-20-2022; Ord. No. 24-05, 10-3-24; Ord. No. 24-14, 11- 19-24) Sec. 22-453. Application submission requirements. Applications shall be made using a form prepared by the city. Each applicant for a homeless shelter license shall submit to the city clerk the applicable license fee, complete paper copy (12 complete copies for first time application), and a digital copy to the city clerk consisting of: the application on the form provided by the city clerk, (ii) the following support materials: 1) Attested copies of any articles of incorporation, bylaws, operating agreement, partnership agreement or articles of association that govern the entity that will own and/or operate the homeless shelter, except in the case of a renewal application the applicant need not submit this information unless there is an amendment from the original documents filed with the city. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:75 2) A list that identifies every Controlling Person by name and position. 3) Evidence of an adopted policy by the applicant whereby: a. The homeless shelter undertakes background checks of all individuals who will be working on a compensatory or volunteer basis in the homeless shelter; signed verification by the applicant that this has been done during the past year and will be completed on all employees and volunteers during the coming license year. b. The homeless shelter registers guests upon entry and service is declined to guests who carry weapons or exhibit violent behavior, (ii) are in possession of alcohol, illegal substances, or drug paraphernalia, (iii) do not observe the shelter’s safety rules, or (iv) have a known outstanding warrant for their arrest. Homeless shelters that primarily serve survivors of domestic violence, human trafficking, and sexual exploitation are exempt from item (iv). 4) Evidence of all land use approvals or conditional land use approvals required to operate the homeless shelter on the premises, including, but not limited to, development review approval, conditional use approval, building permit, change of use permit, and/or certificate of occupancy. This requirement is only applicable to initial applications. 5) Evidence of all other local approvals or conditional approvals required to operate the homeless shelter, including any required food license. 6) A description of the premises for which the license is sought, including a floor plan of the premises. This requirement is only applicable to initial applications. 7) A description of the population or group to be served by the shelter. 8) An operations plan describing the following in order to satisfy the Approval and Operations requirement of Section 22-458 of this article: a) The experience and qualifications of shelter management and staff, sufficient to demonstrate that the shelter can meet its obligations under this article, including providing appropriate services to shelter guests; b) Management responsibilities; c) A process for effectively resolving neighborhood concerns; d) Staffing; e) Controls for resident behavior and noise levels; f) Security, safety and protective measures: g) On-site surveillance; h) Emergency and response protocols, including but not limited to medical emergencies, including overdoses; intruder response; criminal trespass guidance; recovery of weapons; recovery of illicit drugs; and incidents involving violence, serious injuries, or death. i) Applicants requesting a license for a new shelter, must demonstrate financial capacity to develop and operate said facility. j) A narrative detailing how the shelter will otherwise meet the performance standards and other requirements of this article to the extent not described above; ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:76 9) Permission to inspect the premises by the police department, fire department, and the planning and code enforcement department. 10) The physical address and location of homeless shelters that primarily serve survivors of domestic violence, human trafficking, and sexual exploitation shall be confidential. (Ord. No. 22-19, 10-20-2022; Ord. No. 23-22, 9-14-23; Ord. No. 24-05, 10-3-24; Ord. No. 24-14, 11-19- 24) Sec. 22-454. Review procedures. 1) The city clerk shall be responsible for the initial review of the application to ensure compliance with the requirements of this article and to obtain recommendations from other city officials as required. 2) If the city clerk determines that a submitted application is not complete, the applicant shall be notified within ten (10) business days after receipt of the application of the additional information required to process the application. If such additional information is not submitted within thirty (30) days of the city clerk’s request, or such later time that the city clerk provides, the application shall be deemed denied. If the city clerk deems the application complete, the city clerk shall notify the applicant and the Review Procedures set forth in this section will take place. 3) The city clerk shall provide a copy of the license application to the police department, fire department, and planning and code enforcement department along with a form upon which each department shall note its findings and conclusions, as well as any recommended conditions of approval. No license shall be granted by the licensing authority until these departments have all set forth their positive recommendations regarding the applicant's ability to comply with this article and any other applicable city ordinance, state, or federal law, unless the city council decides otherwise. The licensing authority shall automatically include any conditions of approval recommended by the officials on the issued license, unless the city council decides otherwise. 4) After a public hearing on an application for a new license, the city council shall grant, grant with conditions, or deny the license. 5) All applications for renewal of licenses shall be reviewed, by the city clerk, who shall grant with conditions, or deny the renewal. 6) In reviewing license applications, the licensing authority shall consider the approval standards under this article as well as other applicable local, state, or federal laws and, for license renewals, the licensee's record of compliance with the same. 7) The licensing authority shall have the authority to impose any conditions on a license that may be reasonably necessary to ensure compliance with the requirements of this article or to otherwise address concerns about operations. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:77 8) If any department consulted by the city clerk finds that a license should not be issued, the application shall be forwarded to the city council for further review. The city council shall, upon review of all staff recommendations, applicable laws, and the factual circumstances, determine whether the license should be issued and/or any conditions to be attached. 9) Licenses shall be granted only for the type(s) of homeless shelter(s) identified in the application. A licensee who seeks to expand the licensed premises to include more premises or additional uses or convert the licensed premises to a type of homeless shelter that is not specifically approved in a license must obtain a new license for that use. 10) Any municipal official with authority to make recommendations or enforce municipal ordinances regulating homeless shelters shall have authority to enter the premises without notice to make such inspection as is reasonably necessary to ensure compliance, subject to any limitations to such inspection under federal and state law. (Ord. No. 22-19, 10-20-2022; Ord. No. 24-05, 10-3-24; Ord. No. 24-14, 11-19-24) Sec. 22-455. Appeals. 1) Appeal of the city clerk’s denial of an application for lack of completeness shall be subject to appeal to the appeals board. Appeals must be filed within thirty (30) days of the date of the denial. The board of appeals shall hold a hearing on the appeal and render a decision within thirty (30) days of the date of the appeal, unless all parties consent to a delay. 2) Any aggrieved party having legal standing may appeal a decision by the city clerk regarding the renewal of a license, including placing conditions of such approval, to the city council by filing an appeal within ten (10) days of such decision. 3) Appeals of final determinations issued by the board of appeals or the city council must be made to the Androscoggin Superior Court within thirty (30) days of the date of the decision being appealed. (Ord. No. 22-19, 10-20-22; Ord. No. 24-14, 11-19-24) Sec. 22-456. License term and renewal; meetings with city staff. Each license issued under this subsection shall be valid for a term of one year. Applications for renewal licenses shall be submitted at least ninety (90) days prior to expiration of the existing term. Any licensee who fails to submit a renewal application by the applicable deadline shall not have authority to operate after expiration until a renewal license is granted. A late fee shall apply as set forth in the city’s policy manual. Quarterly meetings will be conducted at the shelter, held at the discretion of city staff, to allow the shelter operators and city staff representatives from the police department, fire department, planning and code enforcement department and city administration, the opportunity to discuss ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:78 issues and concerns. The purpose of said meetings is to establish a good working relationship between the city and the owner and operators of the shelter. Shelters in existence prior to October 2022 shall be exempt from this requirement. (Ord. No. 22-19, 10-20-22; Ord. No. 23-22, 9-14-23; Ord. No. 24-14, 11-19-24) Sec. 22-457. Denial, suspension or revocation of a license and other remedies. A license application for a homeless shelter may be denied by the licensing authority based upon review of the application and its conformance with the standards and requirements of this article and other requirements of law, including other ordinances of the city. Any homeless shelter that violates any provision of this article, (ii) the terms of any license issued under this article, (iii) any other applicable City of Lewiston ordinance or state law and has failed to correct the violation within the period of time prescribed by the relevant enforcement agency; or (iv) any provisions of Chapter 22, Section 35 of the Code of Ordinances, may be penalized in any or all of the following ways, in the sole discretion of the city: 1) Temporary suspension. The city clerk is authorized, pursuant to section 22-44 of the Code of Ordinances, to immediately and temporarily suspend any license of a homeless shelter when the city clerk concludes that continued operation of the licensed premises or activity presents a danger to the health, safety, or general welfare of the public. 2) The city council may deny, suspend, or revoke a license for a homeless shelter, if the applicant, or any Controlling Person: a) Fails to meet the requirements of this article, or b) Has provided false or misleading information in connection with the license application. 3) Civil penalties. Penalties may be ordered by the city pursuant to sections 1-8 or 22-27 of the Code of Ordinances, or 30-A M.R.S.A. 4452. 4) Abatement of violations. The city clerk may order the licensee to abate any violation of this article. The officials responsible for enforcement of Chapter 38, Article II, Fire Prevention Code and Chapter 18, Article III, Property Maintenance Code may order the licensee to abate any violation of this article related to sanitation, property maintenance, and life safety. 5) Other Remedies. In addition to the remedies provided in the foregoing subsections, the city is entitled to any or all of the other remedies as provided under 30-A M.R.S.A. 4452. (Ord. No. 22-19, 10-20-22; Ord. No. 24-05, 10-3-24; Ord. No. 24-14, 11-19-24) Sec. 22-458. Approval and operation requirements. In order to obtain a license pursuant to this article, the licensee shall demonstrate to the licensing authority that the following requirements will be met. The licensee shall comply with all of these requirements during the term of the license: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:79 1) Display of license. The current license shall be displayed at all times in a conspicuous location within the premises. 2) Staffing. One or more on-site staff shall be required for a homeless shelter during any time in which the shelter is occupied by shelter guests. 3) Maine State Housing Authority monitoring. Homeless shelters participating in the Maine State Housing Authority monitoring program shall provide an annual monitoring report received over the course of the license term to the licensing authority with a renewal application. 4) Coordinated Entry System. The shelter shall participate in the statewide Coordinated Entry System, and the availability to all guests of on-site case management, service coordination, and re-housing assistance, either by shelter staff or a third-party. 5) Proximity to school and daycares. Homeless shelters which do not serve homeless families or homeless children shall not be located within 250’ feet of any school or daycare that was operating as of the date of the shelter’s initial license application. The distance between facilities shall be measured between the nearest building entrance of one facility to the nearest building entrance of the other facility. 6) Sanitation, property maintenance, and life safety. The homeless shelter must be clean and well-maintained, meeting the applicable requirements of law for sanitation, property maintenance, and life safety, including those found in Chapter 38, Article II, Fire Prevention Code and Chapter 18, Article III, Property Maintenance Code for the exterior and interior of the licensed premises. 7) Demographics. With each application for license renewal, the licensee shall provide a report including the number of guests, their age range, familial and employment status, their last known municipality and state of residence, and the success rate of self- sufficiency and placement into permanent housing, as well as total number of individuals who were denied service. Homeless shelters that primarily serve survivors of domestic violence, human trafficking, and sexual exploitation are exempt from reporting the last known municipality and state of residence of their guest. 8) Homeless children or youth educational requirements. Homeless youth shelters must comply with all state licensing requirements. 9) Staff certifications. Provide documentation of certifications for staff training, requiring that a certain level of training, such as first aid, AED, Narcan administration and overdose prevention, biohazard, harm reduction, and de-escalation is maintained that is consistent with the level of service being provided. If the facility is monitored by the Maine Housing Authority, then a current monitoring report will satisfy this standard. 10) Good Neighbor Agreement. Evidence of an adopted Good Neighbor Agreement that establishes a policy for how guests will be respectful of neighbors, including area residents and businesses; whereby guests at the shelter agree to abide by the policy and are held accountable for their failure to do so within a 1,320’ radius of the premises. Under such a policy, guests are held to account for complaints received by neighbors resulting from the guest’s failure to abide by the policy, and if disturbances are not minimized, then the guest may be declined further service. The policy must ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:80 also include safeguards to protect shelter guests from human traffickers, abusive ex- partners, drug dealers, and other people seeking to exploit shelter guests. 11) The licensee shall notify the city clerk of the identity of any Controlling Persons of the licensee who had not been identified on the most recent application within ten (10) days of the change. (Ord. No. 22-19, 10-20-22; Ord. No. 24-05, 10-3-24; Ord. No. 24-14, 11-19-24) Sec. 22-459. Exemptions. Homeless shelters in operation as of October 20, 2022, are exempt from Section 22-458, Approval and operation requirements as follows: Notwithstanding the following exemptions, all existing shelters must comply with the Approval and Operations criteria, set forth in Section 9, Demographics. No later than January 1, 2028, homeless shelters existing as of October 20, 2022, must bring their facilities into compliance with the remaining Approval and operations requirements of Section 22-458, except for those set forth in sub-sections 2, Staffing; 5, Proximity to school and daycares; and 8, Homeless children or youth educational requirements. (Ord. No. 22-19, 10-20-22; Ord. No. 23-22, 9-14-23; Ord. No. 24-05, 10-3-24; Ord. No. 24-14, 11-19-24) Sec. 22-460. Transfer of ownership or change of location. Licenses issued under this article are not transferable. Licenses are limited to the location for which they are issued and shall not be transferable to a different location. A licensee who seeks to operate in a new location shall acquire a new license for that location. (Ord. No. 22-19, 10-20-22) Sec. 22-461. Severability. The provisions of this article are severable, and if any provision shall be declared to be invalid or void, the remaining provisions shall not be affected and shall remain in full force and effect. (Ord. No. 22-19, 10-20-22; Ord. No. 24-14, 11-19-24) Sec. 22-462. Other laws. In the event of a conflict between provisions of this article and the provisions of any other applicable state or local law or regulation, the more restrictive provision shall control. (Ord. No. 22-19, 10-20-22; Ord. No. 24-14, 11-19-24) *Editor's note: Ord. No. 18-07, effective Sept. 13, 2018, repealed Art. XVI, § 22-450, in its entirety. Formerly, said article pertained to Recreational Marijuana. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:81 ARTICLE XVII. LODGING HOUSES DIVISION 1. GENERALLY Sec. 22-470. Purpose. The City Council recognizes that many residents of the City of Lewiston live in lodging houses, which are an important component of the City’s available housing. The purpose of this article is to protect the public health, safety, and welfare of the residents of the City of Lewiston by requiring licensure of lodging house operators and the regular inspection of lodging houses. This Article XVII is adopted pursuant to the authority granted by 30-A M.R.S. 3001, et. seq., and not pursuant to its authority under 30-A M.R.S. § 3811(1), as may be amended. For proper enforcement of the city’s fire, building, and property maintenance codes, all of which are designed to ensure the public safety and welfare of residents, this article requires disclosure of the ownership of lodging houses, of those individuals responsible for operating them, of those individuals responsible for maintaining them and responding to violations identified through city inspections, and of those individuals responsible for responding to emergencies. The City Council recognizes that the definition of “Lodging House” is broad and includes establishments such as hotel, motels and inns. City personnel may conduct inspections for State- issued lodging establishment licenses, under authority delegated pursuant to 22 M.R.S. § 2499. (Ord. No. 23-21, 09-14-23) Sec. 22-471. Definitions. Business Operator means a specific individual person with a legal ownership interest in a Legal Owner who makes financial, maintenance, and policy decisions regarding the Lodging House. City Inspector means the city assessors, police chief, fire chief, health officer, building inspector, code enforcement officer, sanitarian, or other duly authorized city official. Emergency Contact means the individual who responds to emergency after hour calls from tenants and public safety personnel. Legal Owner means the individual or legal entity, including but not limited to a corporation, limited liability company or limited partnership, holding the deed or the lease to the property. Property Management Company and Property Manager means the individual or business entity that maintains and repairs the physical property and often manages tenant relationships and routine matters involving the property, which may be the Legal Owner, Business Operator, or a party with no ownership or possessory stake in the property that serves as property manager on behalf of and at the direction of the Business Operator or Legal Owner. The Property ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:82 Manager serves as the primary contact for the City, its inspectors, and tenants. (Ord. No. 23-21, 09-14-23) Sec. 22-472. Applicability. This article shall apply to any lodging house that is located within the city. Except to the extent that this article contains a contrary provision, all provisions of Article I and Article II of chapter 22 shall apply to this article. This article does not limit any authority of the Department of Health and Human Services under federal or state law. (Ord. No. 23-21, 09-14-23) Sec. 22-473. Severability. If any clause, sentence, paragraph, section, article, or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (Ord. No. 23-21, 09-14-23) DIVISION 2. LICENSES Sec. 22-474. License required. No person, corporation, firm, co-partnership, association, or other entity may conduct, control, manage or operate any lodging house unless the same shall be licensed by the City. Notwithstanding the preceding sentence, a person, corporation, firm, co-partnership, association, or other entity that conducts, controls, manages or operates a lodging house on the day that this Article takes effect is exempt from the requirement to have a license from the City from that date until and including January 30, 2024. A person is in violation of this article if the person allows a room in an unlicensed lodging house to be occupied or let; offers to another such a room for occupancy or charge; or, accepts or retains payment for any such room. (Ord. No. 23-21, 09-14-23) Sec. 22-475. Transfer of ownership or change of location. The requirements of sections 22-39 and 22-40 apply to licenses to operate a lodging house. A license is voided upon the sale or transfer of a lodging house to a new Legal Owner or new Business Operator. (Ord. No. 23-21, 09-14-23) Sec. 22-476. Application and information. This section shall apply to an application for an initial license to operate a Lodging House as well an application for the renewal of such a license to operate a Lodging House. An application shall be submitted to the City no sooner than 45 days from the renewal date or opening date. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:83 All applications for licenses under this article shall be filed with, and in a form satisfactory to, the city clerk. Such application shall include, but is not limited to the following: Any information which is required by section 22-32. The identity of the Legal Owner of the lodging house. The identity of the Business Operator of the lodging house. The identity of the Property Manager of the lodging house. The identity of the Emergency Contact of the lodging house. Name, business address, residence address, cellular primary telephone number, primary telephone number, and email address of the Legal Owner, the Business Operator, the Property Manager, and the Emergency Contact of the lodging house. Street address and real estate tax identification number of the lodging house. Proof of right, title and interest to any real estate subject to the application. The year the lodging house was constructed and documentation, if any, of the lodging house’s lead free or lead safe status. Whether the lodging house has a monitored or supervised fire alarm or sprinkler system. A description of the premises for which the license is sought, including a floor plan for each floor of the premises which shows the location of rooms, bathrooms, kitchen facilities, and any other dwelling units. Evidence of all land use approvals or conditional land use approvals required to operate the lodging house on the premises, including, but not limited to, development review approval, conditional use approval, building permit, change of use permit, certificate of occupancy, and/or any required food license. Any information that the police chief may require for an investigation of applicants, pursuant to section 22-33, which may include but it not limited to a background check of any person named in the application. The date and serial number of the last water analysis, if applicable. All names, including, but not limited to maiden name, ever used by the applicant must be noted on the application. Any change of the information that is required by the section must be reported to the city clerk within fifteen days of its occurrence, except that any change in the identity or contact information of the Property Manager or Emergency Contact of the lodging house must be reported immediately. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:84 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. Any license so secured shall be void. (Ord. No. 23-21, 09-14-23) Sec. 22-477. Inspections authorized; Right to enter. Holding a lodging house license or submitting an application for a lodging house license shall constitute permission for entry and inspection of any real estate subject to the license or application. Whenever authorized by the statutes of the state, the ordinances of the city or the regulations of any city department, or upon the request of the city clerk, an inspection may be made of a lodging house by any City Inspector prior to approval of any application for a license or permit. In addition, the premises of every licensee shall be subject to inspection at any time during the current license year; and the results of such inspections may be grounds for the suspension or revocation of any license issued. Whenever authorized by the statutes of the state, the ordinances of the city or the regulations of any city department, or upon the request of the city clerk, any City Inspector shall be permitted to enter any licensed lodging house at any time for the purpose of making inspections and of copying any and all records. Inspections of an occupant’s room shall only be conducted consistent with the process detailed in 14 M.R.S. § 6025. It shall be the duty of every person responsible for the management or control of a lodging house to afford free access to every part of such establishment and to render all aid and assistance necessary to enable any City Inspector to make a full, thorough and complete examination thereof to determine compliance with this article and Section 22-49 of this code of ordinances. Failure to cooperate with an inspection or to respond to notices of violations as specified shall be grounds for the city clerk to temporarily suspend the license of the lodging house, subject to further action by the city council. (Ord. No. 23-21, 09-14-23) Sec. 22-478. Compliance with codes required. A lodging house shall comply with the following: The version of the International Property Maintenance Code, currently in effect, as adopted by Sections 18-51 and 18-52; The version of National Fire Protection Association (NFPA) 1, currently in effect, as adopted by Sections 38-26; ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:85 The version of NFPA 101, currently in effect, as adopted by Sections 38-26; and Other codes, regulations or standards that may be applicable. (Ord. No. 23-21, 09-14-23) Sec. 22-479. Administration. Issuance of a License. A license to operate a lodging house shall be issued by the city clerk, pursuant to Article 1. A license may be issued, consistent with the standards and process of subsection 22-35(c). A single license to operate a lodging house shall not apply to more than a single lot. The issuance of the license does not provide exemption from other state or local laws, ordinances or regulations, notwithstanding any other provision of law. If the city clerk determines that circumstances giving rise to the denial under subsection below can be ameliorated by the imposition of conditions or limitations to the grant of a license, the city clerk may, notwithstanding the grounds set forth in subsection below, grant a license to the applicant upon such conditions as the city clerk in an exercise of its sound discretion deems to be just and appropriate. Revocation or Suspension of a License. Revocation or suspension of a license may occur pursuant to Sec. 22-44, amended as follows: The city clerk is authorized, pursuant to section 22-44(a) of the Code of Ordinances, to immediately and temporarily suspend any license of a lodging house when the city clerk concludes in the city clerk’s discretion that continued operation of the licensed premises or activity presents a danger to the health, safety or the general welfare of the public. No less than one week after the city clerk temporarily suspends a lodging house license and not later than its next regularly scheduled meeting, the city council shall hold a hearing to consider the suspension or revocation of the license. Such hearing may be held less than 3 days after service of the notice of hearing or less than one week after the city clerk temporarily suspends a lodging house license on the Business Operator’s written request. At the hearing held pursuant to this subsection, the licensee must be given an opportunity to: Hear the evidence in support of the charge against the licensee and to cross-examine, alone or through counsel, the witnesses; Provide evidence in response to the charge against the licensee; and Be heard in the licensee's own defense. Standard. Except as set forth in subsection 22-35(c), a license under this article shall be denied if the clerk makes a finding that: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:86 The lodging house is not complying with the codes, as required by section 22-478. The Legal Owner, Business Operator or Property Manager is a legal entity that is not registered to do business in Maine. The Legal Owner, Business Operator or Property Manager has violated any other applicable City of Lewiston ordinance or state law and, if the violation is a civil violation, has failed to correct the violation within the period of time prescribed by the relevant enforcement agency. The applicant has not shown satisfactory evidence of the adequacy of any private wastewater disposal system and the quality of the drinking water. Or, any of the parts under subsection 22-35(b) are met. Appeal. Appeal from a decision of the City Council to the Superior Court in the county may be obtained in the manner provided in the Maine Rules of Civil Procedure. Courts of competent jurisdiction, for due cause shown, may issue temporary orders restraining the enforcement of revocations or suspensions, and after full hearing may vacate those temporary orders or make them permanent. Enforcement. The City may enforce this article by the authority in 30-A M.R.S. § 4452. This section does not affect any existing enforcement authority of any City Inspector. Civil Penalty. Any person who violates this article shall be subject to a civil penalties or other amounts imposed by sections 1-8 or 22-27 of this Code or 30-A M.R.S. § 4452, as amended. The city council finds that the remedies provided under 30-A M.R.S. § 4452 apply to any violation of this article and the terms of the license, because the ordinance is a local law administered by the city and the ordinance requires compliance with the terms of the license and the city’s local land use ordinances. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. Any lodging house currently subject to enforcement action or an unsatisfied administrative notice is ineligible for any City administered state, federal, or city-sponsored loans or grants or other city-sponsored or provided programs that are available through separate applications and which are not universally provided to all lodging houses. (Ord. No. 23-21, 09-14-23) DIVISION 3. OPERATING REQUIREMENTS Sec. 22-480. Guest register and record of departures. In accordance with the provisions of 30-A M.R.S. § 3821, the Business Operator of any lodging house shall keep and maintain on premises, or cause to be kept and maintained on premises, a register containing the true names of each guest who has rented or is renting a room. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:87 The person renting the room or rooms, or someone under that person's direction shall sign the register. The Business Operator of the lodging house, or the Business Operator's agent shall then write the number of each room assigned to and occupied by each guest, together with the date that room is rented, opposite the name or names so registered. The Business Operator or its agent shall keep and maintain a record showing the date when the occupant of each room surrenders the room. This record may be made a part of the register. Both the register and the record must be kept for 2 years and be available at all reasonable times to the inspection of any lawful agent of the city or any full-time law enforcement officer as defined in Title 25, section 2805. The guest register may be "kept," within the meaning of this section, when reproduced on any photographic, microfilm or other process that reproduces the original record. Notwithstanding 17-A M.R.S. § 4-A, any person who intentionally or knowingly violates this section is guilty of a Class E crime and shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment for not more than 90 days for each offense, or both. (Ord. No. 23-21, 09-14-23) Sec. 22-481. Posting of license. Licenses issued shall be displayed in a place readily visible to customers or other persons using the licensed establishment at all times. (Ord. No. 23-21, 09-14-23) ARTICLE XVIII. SYRINGE SERVICES PROGRAMS Sec. 22-491. Purpose. This Article XVIII is enacted pursuant to authority granted under 30-A M.R.S. § 3001. The purpose of this Article is to protect the public health, safety, and welfare of the residents of and visitors to the City of Lewiston by requiring licensure of Syringe Services Programs. The city council finds that individuals use syringes to administer prescribed drugs, other therapies as directed by a licensed medical provider, and nonprescribed substances; that syringes are inherently dangerous to public health, safety, and welfare because they are designed to pierce the skin; that used syringes are a common vector for disease; that the provision of clean syringes may be a first-step to recovery for individuals who experience addiction to nonprescribed substances; that Certified Syringe Services Programs can be a valuable component of our health care system; that the appropriate siting of Syringe Services Programs, including with consideration of their proximity to schools and daycare facilities, is important in order to protect the public health, safety, and welfare; that with the reasonable and necessary siting restrictions listed herein there remain sufficient suitable areas within the city to site Syringe Services Programs; that licensing of Syringe Services Programs is appropriate and consistent with the city’s policies and practices to review and license business activities that impact its citizens; and that the remedies provided under 30-A M.R.S. § 4452 apply to any violation of this article and ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:88 the terms of any license granted hereunder, because the ordinance is a local law administered by the city and the ordinance requires compliance with the terms of the license and the city’s local land use ordinances. For these reasons, the City Council intends to impose separate and additional requirements to protect public health, safety, and welfare to any licensing or certification done at the state level, including pursuant to 10-144 C.M.R. Ch. 252 Syringe Services Programs Rule. Mobile units may not be licensed under this ordinance. (Ord. No. 25-15, 12-18-25) Sec. 22-492. 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: Business Operator means a specific individual person with a legal ownership interest in a Legal Owner who makes financial, maintenance, and policy decisions regarding the Syringe Services Program. The Business Operator need not have a legal ownership interest if the applicant provides proof that Legal Owner is an entity that does not have ownership interests (for example, a nonprofit corporation.) Certified Syringe Services Program means a Syringe Services Program that holds a current certification from the Maine Center for Disease Control and Prevention (Maine CDC). City Inspector means the city assessor, police chief, fire chief, health officer, building inspector, code enforcement officer, sanitarian, or other duly authorized city official. Emergency Contact means the individual who responds to emergency after-hour calls from public safety personnel to the Certified Syringe Services Program. Legal Owner means the individual or legal entity, including but not limited to a corporation, limited liability company or limited partnership, holding the deed or the lease to the premises of the Syringe Services Program. Licensing authority means the city council in the case of new applications and the city clerk in the case of a renewal of an existing license. New enrollee means the same as that term is defined in 10-144 C.M.R. Ch. 252 Syringe Services Programs Rule and includes a person eighteen (18) years of age or older who presents to a Syringe Services Program for the first time. Syringe mean a compressible tube used with a hollow needle for the injection of material beneath the skin, which definition incorporates the term as used in 10-144 C.M.R. Ch. 252 and the term “hypodermic apparatus” as used in 22 MRS §1341. Syringe Services includes, but is not limited to, the furnishing of new syringes, the exchange of used syringes, referrals, and educational materials about prevention, treatment, and proper disposal of syringes. Syringe Services Program means a program that provides Syringe Services. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:89 Syringe Services Program Participant means a person eighteen (18) years of age or older who has enrolled in a Certified Syringe Services Program. (Ord. No. 25-15, 12-18-25) Sec. 22-493. License required. No person, corporation, firm, co-partnership, association, or other entity may conduct, control, manage or operate any Certified Syringe Services Program unless the same shall be licensed by the City. (Ord. No. 25-15, 12-18-25) Sec. 22-494. Application and information. This section shall apply to an application for an initial license to operate a Syringe Services Program as well an application for the renewal of such a license to operate a Syringe Services Program. All applications for licenses under this article shall be filed with, and in a form satisfactory to, the city clerk. Such application shall include, but is not limited to the following: 1. All information required by Section 22-32. 2. The name, address, and contact information including the phone number of the applicant, the Business Operator, the Legal Owner, and all other persons having a legal ownership interest in the Syringe Services Program and the individual(s) hired by the applicant to manage operation of the Syringe Services Program, if any. 3. The name, address, and contact information of the Emergency Contact of the Syringe Services Program. 4. An operations plan with a detailed description of the proposed Syringe Services Program that shows how the Syringe Services Program will satisfy the operations requirements outlined in the Operations requirements of Section 22-499 of this article and to include the following: population to be served; services to be provided; staffing requirements; security provisions; and hours of operation; anticipated parking demand; and anticipated peak hour traffic. 5. A good neighbor policy that establishes expectations for how participants will be respectful of neighbors, including area residents and businesses and whereby participants at the Syringe Services Program agree to abide by the policy and are held accountable for their failure to do so. Such a policy should include the following: a prohibition against public drug use by participants, procedures for making calls for public safety services, procedures for responding to complaints from surrounding areas, and compliance with public nuisance laws. Under such a policy, participants are held to account for complaints received by neighbors resulting from the participant’s failure to ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:90 abide by the policy, and if disturbances are not minimized, then the participant may be declined further service. 6. The location of the premises for which a license is sought by identification of city tax map number and street address. 7. A description of the premises for which the license is sought, including a floor plan. This requirement is only applicable to initial applications. 8. Evidence of all land use approvals or conditional land use approvals required to operate the Syringe Services Program on the premises, including, but not limited to, development review approval, conditional use approval, building permit, change of use permit, and/or certificate of occupancy. 9. Any information that the police chief may require for an investigation of applicants, pursuant to section 22-33, which may include but is not limited to a background check of any person named in the application. 10. All names, including but not limited to maiden name, ever used by the applicant must be noted on the application. 11. A copy of the current certification to operate a Syringe Services Program granted by the Maine CDC and a copy of the application materials submitted to the Maine CDC for certification to operate a Syringe Services Program, including but not limited to: i. A copy of the Syringe Services Program’s consumer education and referral policy. ii. A copy of the Syringe Services Program’s Needle or Syringe Disposal policy. iii. A copy of the Syringe Services Program policy for the handling and exchange of syringes that is consistent with Lewiston Code and state and federal law. iv. A copy of the Syringe Services Program’s staff training policy. v. A copy of the Syringe Services Program’s data collection protocols. vi. A copy of the Syringe Services Program’s policy and procedures manual. 12. A copy of the most recent annual notice (if any) provided to the Maine CDC of all data gathered for the prior year pursuant to 10-144 C.M.R. Ch. 252 Syringe Services Programs Rule. 13. Each applicant for a Syringe Services Program license shall submit to the city clerk the applicable license fee, complete paper copy and a digital copy, except that a first-time applicant must submit 12 complete paper copies. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:91 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. Any application with false information shall be denied pursuant to Sec. 22-35 and any license so secured shall be void. (Ord. No. 25-15, 12-18-25) Sec. 22-495. Location Criteria. A Syringe Services Program may only be located within the following land use zones: Highway Business, Community Business, Neighborhood Business, Industrial, or Urban Enterprise. No Syringe Services Program may be located within 500 feet of any school or daycare facility that existed as of the date of the program’s initial license application. Distances shall be measured in a straight line from the nearest property line of the proposed Syringe Services Program location to the nearest property line of the school or daycare facility. City licensed Syringe Services Programs may operate on the main campus of the primary location of a hospital; hospital must be licensed as a medical facility under the Maine Department of Health and Human Services. (Ord. No. 25-15, 12-18-25) Sec. 22-496. Inspections authorized; Right to enter. This section augments section 22-34. Holding a Syringe Services Program license or submitting an application for a Syringe Services Program shall constitute permission for any City Inspector to enter and inspect any real estate subject to the license or application. It shall be the duty of every person responsible for the management or control of a Syringe Services Program to afford free access to every part of such establishment and to render all aid and assistance necessary to enable any City Inspector to make a full, thorough and complete inspection. Failure to cooperate with an inspection shall be grounds for license suspension. (Ord. No. 25-15, 12-18-25) Sec. 22-497. Administration Limitation on number of licenses and determination of priority. 1) No licensing authority may issue a license to any applicant if there is one current license in the City. One licensee may operate two locations, provided that applications are submitted and approved for each location. 2) The clerk shall review submitted applications in the order that they are submitted or resubmitted, as the case may be. 3) Licenses shall be issued on a first-come-first-served basis, with the priority established as follows: ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:92 a. For a renewal application submitted by a current licensee, the current licensee has priority if it submits an application to the city clerk no later than 80 days from the expiration date. b. For an initial application, if there are fewer current licensees than the maximum number allowed, priority shall be established by the date and time of completed applications as determined by the city clerk. c. For an application received after the city clerk has published notice that one license is available and that applications shall be accepted on a date certain, priority shall be established by the date and time of completed applications as determined by the city clerk. Applications may only be submitted after the date set by the city clerk. 4) An initial or renewal application shall maintain its priority until the final determination on the application and shall lose its priority if the applicant fails to timely comply with any deadline imposed by this ordinance for an application. 5) After the city clerk determines that a current licensee has not timely complied with a deadline imposed by this ordinance for an application for license renewal, the city clerk shall distribute, file and publish a notice that one or more licenses is available and that applications shall be accepted by the city clerk beginning one week after the notice is published. The terms “distribute,” “file” and “publish” shall each have the same meaning as in Section 2.12 of the city charter. Process for the issuance of a license. 1) The city clerk shall be responsible for the initial review of the application to ensure compliance with the requirements of this chapter and to obtain recommendations from other city officials as required. 2) If the city clerk determines that a submitted application is not complete, the applicant shall be notified within ten (10) business days after receipt of the application of the additional information required to process the application. If such additional information is not submitted within fourteen (14) days of the city clerk’s request, or such later time that the city clerk provides, the application shall be deemed denied. If the city clerk deems the application complete, the city clerk shall notify the applicant and the Review Procedures set forth in this section will take place. 3) The city clerk shall provide a copy of the license application to the police department, fire department, and planning and code enforcement department along with a form upon which each department shall note its findings and conclusions, as well as any recommended conditions of approval. No license shall be granted by the licensing authority until the completion of any inspections requested by the clerk and until these departments have all set forth their recommendations regarding the applicant's ability to comply with ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:93 this article and any other applicable city ordinance, state, or federal law. The licensing authority shall automatically include any conditions of approval recommended by the officials on the issued license, unless it decides otherwise. 4) After a public hearing on an application for a new license, the city council shall grant, grant with conditions, or deny the license. 5) All applications for the renewal of an existing license shall be reviewed, by the city clerk, who shall grant, grant with conditions, or deny the application for the renewal of an existing license. 6) In reviewing license applications, the licensing authority shall consider the approval standards under this article as well as other applicable local, state, or federal laws and, for license renewals, the licensee's record of compliance with the same. 7) The licensing authority shall have the authority to impose any conditions on a license that may be reasonably necessary to ensure compliance with the requirements of this article or to otherwise address concerns about operations. 8) The licensing authority shall, upon review of all staff recommendations, applicable laws, and the factual circumstances, determine whether to grant, grant with conditions, or deny the license application. Standard. Applicants and licensees must demonstrate to the satisfaction of the licensing authority that a license application meets all standards and requirements of this article, that it can meet and is meeting the operating requirements of Sec. 22- 499, and that it is meeting and has met over the past year all applicable local, state, or federal laws. Revocation or Suspension of a License. Revocation or suspension of a license may occur pursuant to Section 22-44. Appeal. 1) An aggrieved applicant may appeal the city clerk’s denial of an application for lack of completeness to the board of appeals by filing an appeal within thirty (30) days of such denial. The board of appeals shall hold a hearing on the appeal and render a decision within thirty (30) days of the date of the appeal, unless all parties consent to a delay. 2) Any aggrieved party having legal standing may appeal a decision by the city clerk regarding the renewal of a license, including placing conditions of such approval, to the city council by filing an appeal within ten (10) days of such decision. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:94 3) Appeals of a final determination issued by the board of appeals or the city council may be made to the Androscoggin Superior Court within thirty (30) days of the date of the decision being appealed. Enforcement. The City Code Enforcement Officer may enforce this article by the authority in 30-A M.R.S. § 4452. Failure to timely remedy a notice of violations shall be grounds for license suspension. This section does not affect any existing enforcement authority of any City Inspector. Civil penalties. Any person who violates this article shall be subject to civil penalties or other amounts imposed by Sections 1-8 or 22-27 of this Code or 30-A M.R.S. § 4452. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. (Ord. No. 25-15, 12-18-25) Sec. 22-498. Nonconforming uses. Notwithstanding the requirements Section 22-493, any Certified Syringe Services Program in lawful existence on the effective date of this article may remain in operation in its present location through the 15th day after enactment of this ordinance; and, from the 16th day after the effective date, so long as such Certified Syringe Services Program has timely filed an application and is otherwise complying with this ordinance, provided that such programs shall not be required to comply with all the provisions of Section 22-495 until the fourth month after the effective date of this ordinance. (Ord. No. 25-15, 12-18-25) Sec. 22-499. Operating requirements. During the term of the license, the licensee shall comply with each of these requirements: 1) At all times, the licensee shall maintain and timely renew its certification with the Maine CDC to operate a Syringe Services Program. 2) The licensee shall not permit and shall try to prevent people from the injection illicit drugs on or near the premises of the program. 3) The licensee shall not knowingly distribute syringes to participants under 18 years of age. 4) The licensee shall only operate from the premises for which it was granted a license. 5) The premises of the applicant or licensee shall be clean and well-maintained, meeting applicable requirements for sanitation, property maintenance, and life safety, including those found in Chapter 38, Article II, Fire Prevention Code and Chapter 18, Article III, Property Maintenance Code for the exterior and interior of the licensed premises. 6) The licensee shall undertake background checks of all individuals who will be working on a compensatory or volunteer basis at the Syringe Services Program. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:95 7) The licensee shall comply with all applicable state and federal laws, rules, or regulations, including the following: a. 38 M.R.S. § 1319-O(3) and any applicable rules for the handling and disposal of biomedical waste. b. The Syringe Services Program Rule, 10-144 C.M.R. Ch. 252, including but not limited to: i. Notifying all participants of all rules and laws applicable to Syringe Services Programs; ii. Providing appropriate and/or required training to staff; and iii. Posting the Certification granted by the Maine CDC in a public area of the licensee. 8) The licensee shall comply with its own plans, rules, procedures, and protocols including but not limited to the following: a. All policies, procedures and protocols provided in its most recent license application b. The Needle or Syringe Disposal Plan submitted by the licensee in its application to the Maine CDC, as such plan is defined in 10-144 C.M.R. Ch. 252 Syringe Services Programs Rule and includes a written plan that describes a coordinated program for the terminal disposal and incineration of used syringes in compliance with the Occupational Safety and Health Administration’s guidelines regarding Occupational Exposure to Blood borne Pathogens and the Safe Discarding and Containment of Contaminated Sharps under 29 CFR §1910.1030; and, c. The consumer education and referral plan submitted by the licensee in its application to the Maine CDC. (Ord. No. 25-15, 12-18-25) Sec. 22-500. Miscellaneous. Applicability. This article shall apply to any Syringe Services Program that is located within the city. Except to the extent that this article contains a contrary provision, all provisions of Article I and Article II of Chapter 22 shall apply to this article. This article does not limit any authority under federal or state law. Severability. If any clause, sentence, paragraph, section, article, or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, or part thereof directly involved in the controversy in which such judgment shall have been rendered. ---PAGE BREAK--- BUSINESSES Lewiston Code Chapter 22 CH 22:96 (Ord. No. 25-15, 12-18-25)