TOWN OF KENNEBUNKPORT
VICTUALER’S LICENSING ORDINANCE
Section l Word Usage and Definitions
A. Unless otherwise defined herein or in the text, all words used in this Ordinance shall have their common meanings.
B. As used in this Ordinance, the following terms shall have the meanings indicated:
PERSON – Any individual, person, firm, corporation, association, partnership or organization.
VICTUALER – Any person who serves food or drink prepared for consumption on the premises by the public.
TOWN – The term Town shall mean the Town of Kennebunkport.
Section 2 Licensing Board and Meetings
A. Licensing Board – The Licensing Board shall be the Town of Kennebunkport Board of Selectmen.
B. Meetings – The Licensing Board shall meet as provided in this subsection:
(1) It shall meet annually during the month of May on a date and at a time and place in the Town that it determines.
(2) At least seven (7) days before the meeting, it must post notices stating the purpose of the meeting in at least two (2) public places in the Town.
(3) The Licensing Board may meet at any other time at a meeting specially called and with public notice as provided in paragraph B. (1) above.
Section 3 License Issuance, Suspension and Revocation
A. Issuance, Suspension and Revocation of Licenses - At any meeting held under subsection B above, the Licensing Board may do the following:
(1) License - The Licensing Board may license as many persons of good moral character to be innkeepers, victualers and tavern keepers in the Town as it considers necessary.
a) The License must specify the building in which the business will be conducted.
b) The Licensing Board may issue the license under any restrictions and regulations that it deems necessary.
c) The premises must be inspected by the Code Enforcement Officer and Fire Inspector for compliance with local ordinances and state statutes, prior to the issuance of the license. Such inspections shall be noticed to the Licensing Board.
(2) Suspension – A victualer’s license may be suspended by the Licensing Board after notice and hearing. The Licensing Board shall serve written notice of the hearing on suspension on the licensee or leave it at the licensed premises at least three (3) days before the time set for hearing. At the hearing, the licensee must be given an opportunity to hear the evidence in support of the charge against the licensee, to be heard in the licensee’s own defense and to cross-examine, alone or through counsel, the witnesses. If the Licensing Board is satisfied that the licensee has violated any codes, ordinances or restrictions imposed by the
Licensing Board, the Licensing Board may suspend a license for any period of time that it considers proper.
(3) Revocation - The Licensing Board, after serving written notice of the hearing on revocation on the licensee or leaving it at the licensed premises at least three (3) days before the time set for hearing. At the hearing, the licensee must be given an opportunity to hear the evidence in support of the charge against the licensee, to be heard in the licensee’s own defense and to cross-examine, alone or through counsel, the witness The Licensing Board may revoke a license upon conducting a hearing at any regularly scheduled meeting of the Licensing Board as conducted in accordance with Section 2 B. (3) referenced above.
Section 4 Term of License
The term of a victualer’s license shall run from May to May of the following year.
Section 5 Fees
The Licensing Board shall set fees by order for the following categories of victualer’s licenses:
A. Victualer without on-site consumption of liquor.
B. Victualer with on-site consumption of liquor
C. Nonprofit Organization
D. Failure to obtain a license, either renewal or a new license may subject the licensee to additional late filing fees and publication of notice expense as may be determined by the Licensing Board.
Section 6 Appeals
An appeal from any final decision of the Licensing Board shall be taken by any aggrieved party to the Superior Court within thirty (30) days from the date of the decision in accordance with the provisions of Rule 80B of the Maine Rules of Civil Procedure.
Adopted March 24, 1998. Amended March 21, 2000.
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