Maine § 2495. - Issuance of licenses

§ 2495.. Issuance of licenses

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).]

In the case of death of the licensee, a license issued under this chapter may be transferred, for the benefit of the estate of the deceased licensee, to the personal representative, receiver or trustee of the deceased licensee's estate to operate the premises to which the license applies for one year from the date the personal representative, receiver or trustee is appointed, after which the license is void. Pending appointment of a personal representative, receiver or trustee of the estate, the following individuals may be approved by the department to operate the premises temporarily: the surviving spouse; a person who has filed a petition for appointment as executor or administrator for the estate of the deceased licensee; the sole heir of the deceased licensee or a person designated by all of the heirs of the deceased licensee. A person may not operate under the license unless approved by the department. The department may require an individual seeking approval to operate the premises temporarily to provide documentation showing that the individual is eligible pursuant to this paragraph.   [PL 2025, c. 339, §2 (NEW).]