Sec. X-1. 22 MRSA §2494, as amended by PL 1987, c. 838, §1, is further amended to read:
Each application for, or for renewal of, a license to operate an eating establishment, eating and lodging place, lodging place, recreational camp or camping area within the meaning of this chapter shall must be accompanied by a fee, appropriate to the size of the establishment, place, camp or area of the licensee, determined by the department and not to exceed the fees listed below. All fees collected by the department shall must be deposited in the General Fund. No such fee may be refunded. No license may be assignable or transferable. The fees may not exceed:
1. One hundred dollars. Forty One hundred dollars for:
A. Public schools governed by a school board of an administrative unit;
B. Private secondary schools approved for tuition when school enrollments are at least 60% publicly funded students as determined by the previous school year's October to April average enrollment; and
C. Schools operated by an agency of State Government for the education of children in unorganized territories;
2. Sixty dollars. Ten Sixty dollars for each inspection for any eating establishment which that is located in a municipality which that requires local inspections of eating establishments; and
3. One hundred fifty dollars. One hundred twenty-five fifty dollars for all other establishments, places and camps not included in subsection 1 or 2.
All such fees are for the license, 2 licensure inspections and one follow-up inspection. When additional inspections are required to determine an applicant's eligibility for licensure, the department is authorized through its rules to charge an additional $20 $35 fee to cover the costs of each additional inspection or visit. Failure to pay such charges within 30 days of the billing date shall constitute constitutes grounds for revocation of the license, unless an extension for a period not to exceed 60 days is granted in writing by the commissioner.
Sec. X-2. 22 MRSA §2495, 2nd ¶, as repealed and replaced by PL 1981, c. 203, §1, is amended to read:
When any initial 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 regulations adopted and approved pursuant to section 2496 or 2499, subsection 1, the department may refuse issuance of the initial license, but shall issue a conditional license, except when conditions are found which that present a serious danger to the health and safety of the public. A conditional license shall may not exceed 90 days. Failure by the conditional licensee to meet the conditions specified by the department shall permit permits the department to void the conditional license.
Sec. X-3. 22 MRSA §2498, sub-§1, ¶¶A and C, as enacted by PL 1991, c. 591, Pt. J, §5, are amended to read:
A. The department may impose penalties for violations of this chapter, or the rules enacted pursuant to this chapter, on any eating establishment, eating and lodging place, lodging place, recreational camp or camping area. The penalties may not be greater than $50 $100 for each violation. Each day that the violation remains uncorrected may be counted as a separate offense. Penalties may be imposed for each violation of the rules.
C. Any person, corporation, firm or copartnership that operates any eating establishment, eating and lodging place, lodging place, recreational camp or camping area without first obtaining a license as required by this chapter must be punished, upon conviction, by a fine of not less than $10 $25 nor more than $100 $200, and upon 2nd or subsequent conviction, must be punished by a fine of not less than $100 $200. Each day any such person, corporation, firm or copartnership operates without obtaining a license constitutes a separate offense.
Sec. X-4. 22 MRSA §2499, sub-§6, as amended by PL 1981, c. 703, Pt. A, §19, is further amended to read:
6. License fee. When a license is issued on the basis of a municipal inspection to an eating establishment located in a municipality to which authority to conduct inspection has been delegated by the department as specified in this section, the requirement for payment of a license fee by the establishment to the department as set forth in section 2494 shall must be waived. However, the licensee shall be is required to pay the department a sum not to exceed $10 $60 to support the costs of mailing and handling.
Sec. X-5. 22 MRSA §2499, sub-§7, as enacted by PL 1975, c. 496, §3, is amended to read:
7. Licenses. Licenses issued under this section 2499 must be displayed, renewed and in every other way treated the same as licenses issued under this chapter on the basis of inspection by the department.
Sec. X-6. 22 MRSA §2499, sub-§9 is enacted to read:
9. Delegation renewal. Beginning January 1, 2005, and every 3 years thereafter, the department shall review the restaurant inspection program of the municipalities to which authority to conduct inspections has been delegated. The process for the delegation of this authority and other such provisions describing the assignment of and removal of this delegation of authority must be established by rule and must include, but not be limited to, staff competency, enforcement and compliance history, inspection practices and reporting practices. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
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