VICTUALERS ORDINANCE
VICTUALER’S ORDINANCE
Adopted - October 6, 1998
SECTION 1 PURPOSE
A. The purpose of this Ordinance is to regulate the sale of prepared food in the Town of Gorham. The regulations are those which the Town Council in a public meeting have clearly found to be necessary in order to protect the general welfare, public safety and health of the Town of Gorham and its citizens.
SECTION 2 LICENSE
A. Any place where food or drink is prepared or served to the public for consumption on or off the premises, shall be licensed annually as a Victualer, in order to operate within the Town of Gorham.
SECTION 3 EXCEPTIONS
A. A public or private school, any non-profit organization selling food or drink for not more than one day per calendar year to raise money for a charitable cause; grocery stores, except those selling food items prepared on the premises; and food and drink sold only through vending machines shall be exempt from the provisions of this ordinance
SECTION 4 APPLICATIONS
A. Renewals: The Town Council shall annually review all renewal applications for the purpose of determining the status of the applicant’s previous conformance to this ordinance and at such time make a decision as to (1) approval of the renewal request, or (2) for reason(s) noted, disapproval of the request. Renewals shall be valid until May 31st of the following year.
B. New Applications: New applicants may apply at any time during the year. A new license, when granted, shall be valid until May 31st immediately following said granting of license.
SECTION 5 ADVERTISEMENT
The Town Council shall hold a public hearing prior to the hearing of all Victualer License applications, both new and renewal. Prior to the public hearing applications shall be advertised by posting notice in two (2) or more public places and advertising in a local newspaper, at least seven (7) days prior to the meeting.
SECTION 6 SECURING, SUBMITTING OF APPLICATION FOR LICENSE
Applications for a license required by this Ordinance shall be procured from the Town Clerk, completed and signed by the applicant and filed with the Town Clerk, and when submitted to the municipal officers shall bear the recommendation for approval or disapproval with reasons noted of the Code Enforcement Officer, the Police Chief and the Fire Chief, and such other departments as may be required by the Municipal Officers or other Town ordinances.
A victualer’s license shall be granted if the property in question complies with all federal, State and local laws and the applicant demonstrates that the victualer’s premises will be conducted in a healthful and sanitary manner so as not to jeopardize the public health, safety and welfare.
SECTION 7 CLASS OF LICENSE/FEES
Class I - Application fee $100.00
Establishments with on-site consumption of liquor
Class II - Application fee of $50.00
Establishments without on-site consumption of liquor
Class III - Application fee of $25.00
Mobile vending units
Class IV - Application fee of $10.00
Nonprofit organizations
SECTION 8 SUSPENSION, REVOCATION OF LICENSE
A victualer’s license may, after notice and public hearing, be suspended or revoked by the municipal officers for non-compliance with the ordinances, statutes, and regulations of the Town of Gorham and the State of Maine.
SECTION 9 REINSTATEMENT OF LICENSE
A licensed victualer may, at any time after the suspension of the license, make an application in writing for the reinstatement of the license to the Town Clerk and such application shall be submitted to the municipal officers as per Section 4 above.
SECTION 10 PENALTY
Any violation of this ordinance shall be punishable by a fine of not less than three hundred ($300) dollars for the first offense and not less than five hundred ($500) dollars for the second and subsequent violation which shall be recovered for the use of the Town of Gorham. Each day that such unlawful act or violation continues shall be considered a separate offense. In addition, the Town may seek recovery of costs and any other legal and equitable remedies as may be available to the Town.
SECTION 11 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this ordinance. 6 yeas.
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