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2 of the Ordinances of the City of Bangor be repealed and replaced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.