Maine Code § 22-2495

Issuance of licenses
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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).]

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