1. License required. A person, corporation, firm or copartnership may not conduct, control, manage or operate the following establishments for compensation or indirect compensation without a license issued by the department:
A. An eating establishment; [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. [PL 2017, c. 322, §4 (RP).]
C. A lodging place; [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
D. A recreational camp or sporting camp; [PL 2011, c. 193, Pt. A, §14 (AMD).]
E. A campground; [PL 2011, c. 193, Pt. A, §14 (AMD).]
F. A youth camp; [PL 2011, c. 193, Pt. A, §14 (AMD).]
G. A public pool; or [PL 2011, c. 193, Pt. A, §14 (NEW).]
H. A public spa. [PL 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.

[PL 2021, c. 125, §9 (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: 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
  • 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.
  • Indirect compensation: means nonmonetary consideration provided to a consumer or patron. 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
  • sporting camp: means a building or group of buildings devoted primarily to the offering of eating and lodging facilities to guests only, with 4 or more rooms or cottages for rent, for a fee to persons seeking recreation, including snowmobiling, hunting, fishing and similar activities, not including 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 [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Violate subsection 1 after having previously violated subsection 1. [PL 2003, c. 452, Pt. K, §20 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

[PL 2003, c. 452, Pt. K, §20 (NEW); PL 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, regardless of fees charged, 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.

[PL 2021, c. 125, §10 (AMD).]

SECTION HISTORY

PL 1975, c. 496, §3 (NEW). PL 1979, c. 30, §2 (AMD). PL 1983, c. 553, §19 (AMD). PL 2003, c. 452, §K20 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2009, c. 211, Pt. A, §§4-6 (AMD). PL 2011, c. 193, Pt. A, §§14, 15 (AMD). PL 2017, c. 322, §4 (AMD). PL 2021, c. 125, §§10, 9 (AMD).
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