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HomeMy WebLinkAbout1984-07-23 84-274 ORDINANCE84- 2]4 ,ti'aucoa 'y :rn.a.cl loi cax July 23, 1984 CITY OF BANGOR (TITLE,) 1BfilbiaMtCP, Amending, chapter IV,. Article 2 of the Ordinances o£ the City 0£ Bangor -- Licenses and Permits ............. ............. ..__.__. ......n ..... ............ ...._... Be tt ordaiMd 6y dw City CouneW of be COY of Bangor, w foR . - THAT, provisions of Chapter IV, Article 2 of the Ordinances of the City of Bangor be repealed and replaced with the following: CHAPTER IV `ARTICLE 2 - LICENSES AND PERMITS Sec. 1 Licenses and Permits Required. It shall be unlawful for any person, either directly or indirectly, to conduct any business o activity, or to use in connection therewith any vehicle, premises, machine ordevice, in whole or in part, for which a license, or permit, is required under this Ordinance or any other regulation or ordinance of the CityofBangor, or under any State statute, within the boundaries of the City of Bangor, without a license or permit therefor being first procured and kept ineffect at all times a required by this Ordinance, any other ordinance of the City, or by State statute. Sec. 2 Applications. Every person required to procure a license or permit under the provisions of this Ordinance, any other ordinance of the City, or any State statute, shall submit an application for such license or .permit to the City Clerk. The application shall: 2.1 Form of Application. Be a written statement upon forms provided by the City Clerk. 2.2 Contents of Application. Each application shall state the name of the applicant, the permit(s) or license(s) desired, the location of the premises to be licensed or the activity to be authorized, and any other information which the City Clerk may deem necessary far the proper administration of this Ordinance. In City Council July 23,1984 Refared to Finance committee consider next regular meeting C—�Clerk x err it IN CITY COUNCIL August 13, 19M Referred to Finance Committee - Depur City Clerk In City council August 27,1984 Passed as amended Amandei bydeleting1n the 1st line 15t paragraph the words effective July 1st 1964 Agin adding so the 3rd page under Victuelevs add 2000 after the word up to Vote 9 Yes eating yes Grown, Cox,Davis{FYeNcelr JozHan,HC Cartqy Tilley,WhBelen, Willey ul er 84-274 ORDINANCE ( TITLE,) Amending Chapter W Artiale.2, of the Ordinances of the City of Eaegor84 `M 19 MZ AAR Licensee and Permits RECEIVE) LIT TY CLERK R drt an %iI IXvvM mm a4-214 2 Sec. 3 Licensing Authority. All administrative powers and authority vested in the City Council to grant or deny the license(s) and permitls) required hereunder shall be delegated to the City Clerk. Upon receipt of the application, the City Clerk shall inquire of such other departments as he may deem appropriate for comments as to whether a license may be granted consistently with the provisions of the laws and ordinances enforced by such departments. Unless delayed for reasons beyond his control, including but not limited to, the failure of the applicant to provide all required information, the City Clerk shall act on the application within ten (10) days after receipt thereof. In the event of denial of the application, the City Clerk shall give the applicant written notice of the reason or res for his decision and shall make a finding of fact, in writing, sufficient to appraise the applicant and any interested member of the public as to the basis for his decision. A written record or copy thereof shall he kept by the Clerk and made available to any interested member of the public who may wish to review it as required under 1 M.R.S.A. 5 40711). Sec. 4 Fees. It is the intent and purpose of this section to establish fees which shall bear aanable c relationship with the coats incurred by the City in the administration and enforcement of this Ordinance, other applicable City ordinances and State statutes. To accomplish such purposes: (a) All fees and charges for licenses or permits shall be paid in advance at the time of application therefor to the City Clerk. (b) All fees submitted shall be retained by. the City Clerk regardless of whether said license or permit is issued. (c) Subjectto the provisions of subsection Id) below, the fees to be charged for such licenses and permits shall be as follows: License Or - Statutory or Private Annual Permit Act Reference Fee Theaters P.6S.L. 1935, c.14 $ 150.00 Rollerskating Rinks 8 M.R.S.A. 5 601 150.00 Dealers in Explosives P.6S.L. 1935, c.14 40.00 Flammable Liquids P.6S.L. 1935, c.14 20.00 Tank Farms P.6S.L. 1935, c.14 50.00 circus P.6S.L.. 1935, c.14 200.00 8 M.R.S.A. 55 501,502 Carnival 8 M.R.S.A. 55 501,502 P.6S.L. 1935, c.14 1-5 rides 50.00 6 rides and Over 200.00 84-274 Innkeepers 30 M.R.S.A. SS 2703-A at seq.; P.&S.L. 1935, c.14 1-10 rooms 50.00 11 rooms and over 200.00 Amusement Devices 8 M.R.S.A. SS 441 at seg. 15.00 per machine Victualers 30 M.R.S.A. SS 2703-A at seq.; P.&S.L. 1935, C.14 Up to -a4d sq. ft. 100.00 Over sq. ft. 200.00 Tavernkeeper 30 M.R.S.A. gg 2751 at seq. 100'.00 Dance Hall P.ZS.L. 1935, c.14 30 M.R.S.A. 9 2151(5)(1) 150.00 Transient Sellers of Consumer Merchandise 30 M.R.S.A. S 2151(5)(F) 150.00 Special Amusement Permits 28 M.R.S.A. S 702 150.00 - Bowling Alleys - P.&S.L. 1935, c.14 150.00 8 M.R.S.A. S 2 (d) If the applicant applies at any one time for more than one license or permit designated in paragraph (c) of this Section for asingle premises, the fees to be charged for said licenses or permits shall be computed by taking the highest single fee established for any of such licenses or permits and adding Ten ($10.00) Dollars for each additional license or permit. Sec. 5 Licensing Standards and Criteria. In determining whether to grant or deny a license on permit required hereunder, the City Clerk shall determine whether the applicant complies with all standards and criteria forthe issuance of .said license or permit as may be established by ordinance or statute. In addition, unless otherwise prohibited by law, there must be an affirmative showing by the applicant that he complies with the following: (a) that the activity to be licensed or authorized is an authorized use in the zone in which it is to be located or conducted; (b) that the applicant has obtained all necessary approvals and permits under the. City's Zoning Ordinance for the proposed activity; (c) that the applicant has paid all real estate and personal property taxes, sewer user fees and other debts owed to the City arising out B4-2]4 4 of or incurred at the premises by reason of the activity to be licensed or permitted under this Ordinance. Sec. 6 Expiration Date. Unless otherwise provided by law, all of the foregoing licenses shall expire 365 days from the data of issuance. Sec. 7 Appeals. The issuance or denial of any license or permit required hereunder may be appealed to the Bangor City Council by the applicant, or by any other interested party, within ten (10) days after the. City Clerk renders his decision on the application. Notice of such appeal shall be filed in writing With the City Clerk and shall outline the grounds therefor. Upon receipt of such notice, the City Clerk shall immediately notify the Chairman of the City Council who shall arrange for the appeal to beconsidered by the Council within fourteen (14( days thereafter at a public hearing held at the next regular meeting of the Council, or a special meeting called for such purposes. 7.1 Scope of Review. On appeal the City Council shall review the decision of the City Clerk to determinewhether the decision was based upon substantial evidence. The Council may take additional evidence with respect to such decision, and shall determine the appeal upon all of the evidence. Sec. 8 Suspension or Revocation. A license or permit issued 'under this Ordinance may be suspended or revoked by the City Council after written notice of the proposed suspension or revocation and the grounds therefor .and after a -hearing before the Council. The hearing shall be conducted in the same manner as hearings on appeals under Sec'. '7 above. Sec. 9 Further Appeals. Any decision rendered under this Ordinance, after all administrative remedies have been exhausted, may be appealed to the Superior Court pursuant toRuleBob, Maine Rules of Civil Procedure. Sec. 10 Enforcement. All provisions of this Ordinance and applicable State statutes shall be enforced by the City Clerk. In the event the Clerk determines that enforconent litigation is necessary, the Clerk shall refer the matter to the City Solicitor for assistance. The Clerk and the Solicitorare hereby authorized to commence all enforcement proceedings they deem necessary, and to prosecute the same in the name of the City of Bangor without further act of the City Council. Sec. 11 Violations. In addition to any action which may be taken by the City Clerk or the City Council with respect to the suspension or revocation, or denial of a license, and unless otherwise provided by o�9dinance or statute, a violation of this Ordinance shall be a civil violation punishable by a fine of not less than $50.00 nor more than $500.00 for each offense. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. All fines shall inure to the benefit of the City of Bangor.