Maine Revised Statutes Title 22 Sec. 2495 – Issuance of licenses
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Terms Used In Maine Revised Statutes Title 22 Sec. 2495
- Campground: includes , but is not limited to, sites intended for recreational purposes rather than permanent residency. See Maine Revised Statutes Title 22 Sec. 2491
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2491
- Eating establishment: includes places in the entertainment, hospitality, recreation, restaurant and tourism industries; catering establishments; correctional facilities; hospital cafeterias; mobile eating places; public and private schools; retail frozen dairy product establishments; and workplace eating establishments and places where food is prepared for vending machines dispensing food other than in original sealed packages. See Maine Revised Statutes Title 22 Sec. 2491
- Lodging place: includes accommodations in the entertainment, hospitality, recreation and tourism industries, including, but not limited to, hotels, motels, bed and breakfasts, inns and properties under common management at the same location where 4 or more rooms, cottages or condominium units are available. See Maine Revised Statutes Title 22 Sec. 2491
- Public pool: includes a pool on the premises of a child care facility that is licensed or required to be licensed under section 8301?A. See Maine Revised Statutes Title 22 Sec. 2491
- Public spa: means any constructed spa other than a residential spa or medical facility spa. See Maine Revised Statutes Title 22 Sec. 2491
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
- Youth camp: includes day camps, residential camps and trip and travel camps. See Maine Revised Statutes Title 22 Sec. 2491
The department shall, within 30 days following receipt of a complete application, issue an annual license to operate any eating establishment, lodging place, recreational camp, youth camp, campground, public pool or public spa that is found to comply with this chapter and the rules adopted by the department. [PL 2021, c. 125, §13 (AMD).]
When any applicant is found, based upon an inspection by the department or by municipal inspection made according to section 2499, not in compliance with the requirements of this chapter or departmental rules adopted and approved pursuant to section 2496 or 2499, subsection 1, the department may refuse issuance of the license and shall issue a conditional license, except when conditions are found that present a serious danger to the health and safety of the public. The department may issue only one conditional license per applicant, which is valid for up to one year. Failure by the conditional licensee to meet the conditions specified by the department permits the department to void the conditional license. [PL 2021, c. 125, §13 (AMD).]
The conditional license is void when the department has delivered in hand or by certified mail a written notice to the conditional licensee or, if the licensee cannot be reached for service in hand or by certified mail, has left notice thereof at the facility. [PL 2021, c. 125, §13 (AMD).]
A conditional licensee may apply for an annual license if the conditional license is voided or expires. A conditional licensee must meet all conditions before applying for an annual license. [PL 2021, c. 125, §13 (NEW).]
The department may redistribute expiration dates for new and renewed licenses to provide for comparable distribution of licenses on a quarterly basis throughout the year and shall prorate the fees for licenses with a term less or more than one year. The prescribed fee must accompany the application for a new license or the renewal of a license. [PL 2021, c. 125, §13 (AMD).]
Licenses must be renewed annually and upon payment of the prescribed fee, including late fees, additional inspection fees and fines if assessed, and subject to compliance with rules of the department and with this chapter. The department shall provide licensees with notice of the need for renewal and necessary forms no less than 30 days prior to the expiration of the license. [PL 2021, c. 125, §13 (AMD).]
The issuance of the license provided for in this chapter does not provide exemption from other state or local laws, ordinances or rules, notwithstanding any other provision of law. [PL 2021, c. 125, §13 (AMD).]
Licenses erroneously issued by the department are void and must be returned to the department on demand in a notice delivered by hand or by certified mail to the licensee. For cause, the department may revoke or suspend any license pursuant to section 2500. [PL 2021, c. 125, §13 (AMD).]
SECTION HISTORY
PL 1975, c. 496, §3 (NEW). PL 1977, c. 459 (AMD). PL 1981, c. 203, §1 (RPR). PL 1983, c. 553, §21 (AMD). PL 2003, c. 673, §X2 (AMD). PL 2009, c. 211, Pt. A, §8 (AMD). PL 2011, c. 193, Pt. B, §3 (AMD). PL 2017, c. 322, §6 (AMD). PL 2021, c. 125, §13 (AMD).