1. License required.  A person, corporation, firm or copartnership may not conduct, control, manage or operate the following establishments for compensation, directly or indirectly, without a license issued by the department:
A. An eating establishment; [2003, c. 452, Pt. K, §20 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

B. [2017, c. 322, §4 (RP).]

C. A lodging place; [2003, c. 452, Pt. K, §20 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

D. A recreational camp or sporting camp; [2011, c. 193, Pt. A, §14 (AMD).]

E. A campground; [2011, c. 193, Pt. A, §14 (AMD).]

F. A youth camp; [2011, c. 193, Pt. A, §14 (AMD).]

G. A public pool; or [2011, c. 193, Pt. A, §14 (NEW).]

H. A public spa. [2011, c. 193, Pt. A, §14 (NEW).]

Licenses issued must be displayed in a place readily visible to customers or other persons using a licensed establishment.
[ 2009, c. 211, Pt. A, §§4-6 (AMD); 2017, c. 322, §4 (AMD) .]

Terms Used In Maine Revised Statutes Title 22 Sec. 2492

  • Campground: includes , but is not limited to, sites intended for recreational purposes rather than permanent residency. See Maine Revised Statutes Title 22 Sec. 2491
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2491
  • Eating establishment: means any place where food or drink is prepared and served or served to the public for consumption on the premises or prepared and served or served ready to eat to the public for consumption off the premises. See Maine Revised Statutes Title 22 Sec. 2491
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lodging place: includes , but is not limited to, hotels, motels, bed and breakfasts and inns where the owner or managing entity maintains the lodging facilities and the structures are located in the same general physical location. 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 pool: means any constructed or prefabricated pool other than a residential pool or medical facility pool that is intended to be used for swimming, recreational bathing or wading and is operated by an owner, lessee, tenant or concessionaire or by a person licensed by the department whether or not a fee is charged for use. 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
  • sporting camp: means a building or group of buildings devoted primarily to the offering of primitive lodging for a fee to persons who want primitive recreation, snowmobiling, hunting, fishing and similar camps, not including summer sports programs overseen by employees or volunteers of municipalities and educational institutions when the activities generally take place at municipal or institutional properties and buildings. See Maine Revised Statutes Title 22 Sec. 2491
  • Youth camp: includes day camps, residential camps and trip and travel camps. See Maine Revised Statutes Title 22 Sec. 2491
2. Violation.  A person, corporation, firm or copartnership may not:
A. Violate subsection 1; or [2003, c. 452, Pt. K, §20 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

B. Violate subsection 1 after having previously violated subsection 1. [2003, c. 452, Pt. K, §20 (NEW); 2003, c. 452, Pt. X, §2 (AFF).]

[ 2003, c. 452, Pt. K, §20 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .]

3. Campground; presumption.  If a campground consists of 5 or more tents or recreational vehicles on a commercial lot, it is presumed that the owner or renter of the lot is receiving compensation for the use of a campground. The owner or renter may rebut the presumption if the owner or renter presents a preponderance of evidence to the contrary.
[ 2011, c. 193, Pt. A, §15 (AMD) .]

SECTION HISTORY

1975, c. 496, §3 (NEW). 1979, c. 30, §2 (AMD). 1983, c. 553, §19 (AMD). 2003, c. 452, §X2 (AFF). 2003, c. 452, §K20 (RPR). 2009, c. 211, Pt. A, §§4-6 (AMD). 2011, c. 193, Pt. A, §§14, 15 (AMD). 2017, c. 322, §4 (AMD).