HHS and Public Safety Committee — Portland, ME
Date: 2025-04-10
Time: 17:30

Remote HHS and Public Safety MEMBERS
Meeting Agenda Councilor Anna Bullett, District 4, Chair
 Councilor April Fournier, At-Large
April 10, 2025 at 5:30 PM
 Councilor Sarah Michniewicz, District 1
Remote Meeting Councilor Wesley Pelletier, District 2



There will be opportunity for Public Comment on Agenda Item #3 - Chapter 35 and Agenda Item #4 - Childcare
Proposal. To submit written public comment on an agenda item, email HHSPS@portlandmaine.gov.
Submissions must be received by 12:00 pm the day before the Health & Human Services and Public Safety
meeting to guarantee their inclusion in the agenda packet. All submissions must include the commenter's name
and legal address. To help ensure your comment is submitted for the correct item, please include the name of
the agenda item (see below).

The Health & Human Services and Public Safety Committee will conduct this meeting remotely via Zoom
pursuant to the Remote Meeting Policy adopted by the Portland City Council. Allow your computer to install
the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via
Zoom, a recording will be available in the Agenda Center following the meeting.

You are invited to a Zoom webinar!
When: Apr 10, 2025 05:30 PM Eastern Time (US and Canada)
Topic: Remote HHS and Public Safety Meeting

Join from PC, Mac, iPad, or Android:
https://portlandmaine-gov.zoom.us/j/85806146330?pwd=onIde6ml5OGhIsQb6m0846CVxRP5tx.1
Passcode:272403

Phone one-tap:
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Join via audio:
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Webinar ID: 858 0614 6330
Passcode: 272403
International numbers available: https://portlandmaine-gov.zoom.us/u/kbJymv8zjj




1. Announcements


2. Review and Approval of Minutes from March 11, 2025


 a. Draft Minutes
3. Chapter 35 (Councilor April Fournier)
 Amendment to Chapter 35 to allow onsite non-alcoholic beverage preparation.
 a. Public Comment
 b. Committee Discussion and Vote
4. Childcare Proposal (Councilor Anna Bullett, Char)


 a. Staff Memo (Kaela Gonzalez, Housing & Economic Development)
 b. Public Comment
 Warming and Cooling Shelter Planning (Caity Hager, Emergency Management
5.
 Coordinator)


 a. Staff Memo
6. Public Safety Update (Chad Johnstone, Fire Cheif)


7. Next Meeting: May 12, 2025

Remote HHS and Public Safety MEMBERS
Meeting Agenda Councilor Anna Bullett, District 4, Chair
 Councilor April Fournier, At-Large
April 10, 2025 at 5:30 PM
 Councilor Sarah Michniewicz, District 1
Remote Meeting Councilor Wesley Pelletier, District 2



There will be opportunity for Public Comment on Agenda Item #3 - Chapter 35 and Agenda Item #4 - Childcare
Proposal. To submit written public comment on an agenda item, email HHSPS@portlandmaine.gov.
Submissions must be received by 12:00 pm the day before the Health & Human Services and Public Safety
meeting to guarantee their inclusion in the agenda packet. All submissions must include the commenter's name
and legal address. To help ensure your comment is submitted for the correct item, please include the name of
the agenda item (see below).

The Health & Human Services and Public Safety Committee will conduct this meeting remotely via Zoom
pursuant to the Remote Meeting Policy adopted by the Portland City Council. Allow your computer to install
the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via
Zoom, a recording will be available in the Agenda Center following the meeting.

You are invited to a Zoom webinar!
When: Apr 10, 2025 05:30 PM Eastern Time (US and Canada)
Topic: Remote HHS and Public Safety Meeting

Join from PC, Mac, iPad, or Android:
https://portlandmaine-gov.zoom.us/j/85806146330?pwd=onIde6ml5OGhIsQb6m0846CVxRP5tx.1
Passcode:272403

Phone one-tap:
+16469313860,,85806146330#,,,,*272403# US
+19292056099,,85806146330#,,,,*272403# US (New York)

Join via audio:
+1 646 931 3860 US
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 305 224 1968 US
+1 309 205 3325 US
+1 312 626 6799 US (Chicago)
+1 669 900 6833 US (San Jose)
+1 689 278 1000 US
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
+1 386 347 5053 US
+1 507 473 4847 US
+1 564 217 2000 US

 Page 1
+1 669 444 9171 US
Webinar ID: 858 0614 6330
Passcode: 272403
International numbers available: https://portlandmaine-gov.zoom.us/u/kbJymv8zjj




1. Announcements


2. Review and Approval of Minutes from March 11, 2025


 a. Draft Minutes
3. Chapter 35 (Councilor April Fournier)
 Amendment to Chapter 35 to allow onsite non-alcoholic beverage preparation.
 a. Public Comment
 b. Committee Discussion and Vote
4. Childcare Proposal (Councilor Anna Bullett, Char)


 a. Staff Memo (Kaela Gonzalez, Housing & Economic Development)
 b. Public Comment
 Warming and Cooling Shelter Planning (Caity Hager, Emergency Management
5.
 Coordinator)


 a. Staff Memo
6. Public Safety Update (Chad Johnstone, Fire Cheif)


7. Next Meeting: May 12, 2025




 Page 2
 Health & Human Services and Public Safety Committee

 March 11, 2025, 5:30 PM Remote Meeting

Committee Attendance:
Anna Bullett, Chair (District 4), April Fournier (At-large), Sarah Michniewicz (District 1),
Wesley Pelletier (District 2).


Councilor Attendance:
Regina Phillips (District 3)


City Staff:
Adam Harr, Executive Assistant; Mark Dubois, Police Chief; Dena Libner, Assistant City
Manager; Greg Jordan, Assistant City Manager; Maggie Mcloughlin, Director of Health and
Human Services; Bridget Rauscher, Public Health Director.

1. Announcements
 • None.
2. Review and Approval of Minutes from February 11, 2025
 • Moved to approve by Councilor Fournier and seconded by Councilor Pelletier. The minutes were
 approved unanimously 4-0.
3. Pedestrian Safety (Mark Dubois, Police Chief)
 • Chief Dubois presented on pedestrian and traffic accidents:
 https://portlandme.portal.civicclerk.com/event/7211/files/attachment/25425
 o From Jan 2022 to YTD 2025, Portland has had:
 ▪ 146 accidents involving pedestrians.
 ▪ 39% resulted in minor injuries,
 ▪ 34.2% in possible injures,
 ▪ 12.3% in serious injuries, 8.9% in no injuries, and
 ▪ 5.5% resulted in fatalities.
 o Most pedestrian fatalities occur at night and during winter months.
 o Pedestrian accidents mostly occur during clear weather whereas most calls for service
 occur in inclement weather.
 o Most accidents occur during high volume commute times in the work week.
 • Councilor Michniewicz asked can the conditions of the sidewalk at the time of an accident be
 tracked?
 o Not tracked systematically but there may be detail in the report such as “raining” or
 “snow.”
 o The conditions that make people feel they need to walk in the street could be insightful.
 o Are pedestrians tested for sobriety?




 Page 3
 ▪ Yes, for fatalities or serious injuries based on medical records, on an individual
 basis.
• Councilor Fournier asked about the Overtime (OT) for traffic detail:
 o 5 days a week, with people working them four out of the five days in 4 hour blocks.
• Councilor Pelletier asked if there is training available to understand why crashes occur?
 o Yes and no: the traffic unit has two people certified in accident reconstruction who made
 a recommendation to install lighting along the driveway at the HSC after analyzing the
 645 Riverside Street accident.
• Councilor Phillips asked how stops for insurance are initiated.
 o They are stopped for something else initially, then cited for not having insurance.
• Councilor Michniewicz asked what staffing is needed to roll traffic enforcement into regular
 shifts instead of OT?
 o The traffic unit has two people following up on motor vehicle accidents.
 o When we have more staffing, it will be a judgement call between patrol shifts and adding
 to the traffic unit; there will be a slow accumulation of personnel in both.
 o 10 people are on every team and would assess which team needs personal the most.
• Councilor Pelletier asked how AAA was chosen as a partner as they a lobbyist for the motor
 vehicle industry that lobbied for car-centric infrastructure and policy such as creating the concept
 of jaywalking.
 o They have educational materials and are partners for other informational community
 events; we do not have materials internally and AAA had them readily available.
 o Can assess a more Portland focus education campaign with local partners.
• Councilor bullet asked how PD feel about traffic safety/speed cameras
 o Illegal in Maine but plate readers are effective for identifying suspect vehicles and
 drivers with a warrant.
 o Traffic enforcement would be difficult even if we were allowed.
• Vision Zero
 o Memo: https://portlandme.portal.civicclerk.com/event/7211/files/attachment/25406
 o Draft resolution out of GPCOG regional plan adopted by Portland.
 ▪ https://portlandme.portal.civicclerk.com/event/7211/files/attachment/25426
 o Next steps
 ▪ Adopt GPCOG Vision Zero Plan,
 ▪ Adopt goal to eliminate traffic fatalities by 2045,
 ▪ Quick action plan in short term,
 • What design elements may have contributed?
 ▪ Long term work: reworking complete streets policy,
 ▪ Creating a comprehensive transportation plan.
 o Maine DOT has jurisdiction on most streets
 o Need to work with communities at risk.
• Councilor Bullett encouraged people to attend Sustainability & Transportation Committee (S&T)
• Councilor Pelletier asked about the 2045 goal and would prefer ten years. Can this be changed?
 o 20245 aligns with GPCOG’s long term plans and we could choose a smaller timeframe.
 o No less than ten years recommended due to the time needed for infrastructure
 construction.
 o Councilor Fournier likes that there is a quick action plan and would like a target of 2035
 or 2030.




 Page 4
 • Councilor Fournier asked the process be explained to the public.
 o Going to S&T for a vote on the resolution.
 o 20 years has already gone out to the public but can ten years can be talked about
 tomorrow.
 o Once approved it goes to council without a second read.
 ▪ When it appears on the Council agenda is TBD.
 o Once Council approves it will go back to S&T for the quick action plan.
 • There is a public safety update every meeting; next meeting is the Fire Department update to
 discuss recent fires.

4. Policy Consideration Re: The State of Childcare (Councilor Anna Bullett, Chair)
 • Starting Strong Policy Recommendations:
 https://portlandme.portal.civicclerk.com/event/7211/files/attachment/25394
 • Using one time-funds aren’t sustainable; Councilor Fournier would like to find a way to give
 ongoing support such as the scholarship.
 o The state subsidy can only be given to people currently employed and currently enrolled
 in school but not for job seekers and people applying to school.
 o There have been small cohorts of providers providing scholarships for people in this gap
 using CDBG funding and ARPA money.
 • Before and After the Bell; Enrollment has been capped at lower numbers
 o What would it take for the Parks department to serve more kids and to serve pre-k?
 o Portland public pre-k is a lottery.
 o Pre-k is not offered before and after the bell, leading people to have to decline pre-k.
 ▪ What would it take to add pre-k to this program?
 o The more quality early education, the better outcomes later in life.
 • Choose one thing to move forward exploring this evening.
 o Councilor Fournier would like to look at the scholarship/subsidy ($82,00 for the year
 when funded by ARPA)
 o Assistant City Manager Libner confirmed staff would bring information on what a
 program would look like and its cost to this committee to make a recommendation via an
 amendment to the finance committee or action via resolution
 ▪ Is a resolution more permanent versus an amendment?
 • Future Councils cannot be obligated any operating costs and each
 council would need to affirm funding annually regardless of route.
 o Councilor Bullett supports either an amendment or resolution.
 o Councilor Fournier supports an amendment.
 o Councilor Pelletier and Michniewicz agreed.
5. Staff Update re: Opioid Settlement Funds Request for Grant Applications (Maggie
McLoughlin, Health & Human Services Director)
 • Signed on to the nationwide settlement from Opioid manufacturers in 2017. Funds will go for 18
 years and must be used for opioid abatement strategies.
 • The Council Decided to allocate funds to three programs: syringe services program, methadone
 treatment, and day space.
 • Day space and methadone treatment program on peninsula RFAs
 o Received applications
 ▪ 4 for methadone




 Page 5
 ▪ 1 for day space
 o Of the $1.3 million available in funding, the total ask to fund all programs that applied
 was $4.5 million, showing a large gap between requests and availability.
 o One applicant is already moving forward leasing up on the peninsula.
 ▪ There will be a methadone clinic on peninsula, regardless of city investment.
 o Funds a re time limited with an initial 1.3 million then smaller and smaller funds. As
 methadone treatment needs will be met, the committee prioritized day space.
 o Day space: Commonspace request $1.3 million to use 14 Baxter boulevard, owned by
 HUD via PHA.
 ▪ Seeing if we can pursue a lease.
 • This may take some time.
 ▪ Working to refine the application.
 ▪ Not sure how long it will take to secure the lease.
 o Councilor Fournier asked if there a final end date if the lease does not seem to be able to
 move forward to help the methadone services if they are not already in operations.
 ▪ What is the contingency for the day space project being unable to move
 forward?
 ▪ Staff recommendations are based on feasibility; if things seem to be progressing
 we will stick with Commonspace.
 • We do not expect it taking more than three months to know if the Day
 space project is viable.
 o Councilor Michniewicz asked if there is community outreach planned.
 ▪ The Commonspace application includes outreach to the neighboring areas,
 setting up a neighborhood advisory committee.
 ▪ Outreach will happen further in the process when there is less uncertainty.
 ▪ Committee/Council Approval is not required but the City Manager is looking for
 such approval; part of that process will have opportunity to engage the public in
 advance and during Committee/Council meetings.
 o Are the opportunities for matching funds to help retrofit the space?
 ▪ Premature, but we will explore that as part of the refining process such as city
 staff doing some interior work.
6. Staff Update re: Syringe Services Program (Bridget Rauscher, Public Health Director)
 • Memo: https://portlandme.portal.civicclerk.com/event/7211/files/attachment/25399
 • Operational improvement plan:
 o Decrease number of improperly disposed syringes.
 ▪ Client education to return to the exchange or community sharps containers.
 ▪ Syringe redemption program.
 ▪ Harm reduction ambassador program.
 ▪ Improved ratio of safely disposed / return syringes.
 ▪ Staff increased cleanup; every member of the team is doing increased
 community cleanup without supplanting time serving clients.
 ▪ Added 5 new community sharps boxes that are metal and able to withstand
 weather and tampering.
 ▪ Distributed 1,100 personal sharps containers to clients.
 ▪ Held focus groups with clients to know what they are doing with their syringes
 and barriers to community or personal sharps containers.
 • Shame and stigma.




 Page 6
 o Improve data systems.
 ▪ Improved Arc GS mapping.
 ▪ Improved collaboration with Parks.
 ▪ Collected municipalities/zip coeds from clients.
 • 97% within Portland.
 • 90% reported 04101 as their zip code.
 • Most of the remaining 3% live in a town near Portland.
 ▪ Tracking rate of return to target outreach for people who have low rates of
 return.
 o Respond to neighborhood concerns.
 ▪ Went to one neighborhood association meeting
 ▪ Narcan training
 ▪ Promote syringe reporting resources: see click fix.
 • Syringe redemption project
 o Launched in January.
 o Opioid settlement funds awarded for one year period.
 o Result: substantial increase in returned syringes.
 ▪ 58% increase in syringes collected at the exchange overall in the six weeks
 following the program start (76,554 pre-program vs. 120,793 post-program).
 ▪ 76% reduction in observed improperly disposed syringes by exchange staff.
 ▪ 19% (42 encounters) returned more than 200 syringes, exceeding the maximum
 weekly redemption amount.
 • What is the disposal cost?
 o Contracting with biohazard collection is factored into our budget but has increased with
 the growth of the community need and program.
 • Ambassadors have a small stipend for a 6 month period to then allow others to participate.
 o Not having an address is a barrier to the stipend, red tape that affects clients experiencing
 homelessness.
 o Uses Overdose Data to Action (OD2A) funding.
 • People must be exchange clients in order to access the redemption program.
 • People can request a sharps container form the Public Health Director; we will work with Parks
 to install.
 • Most syringes are returned to the exchange, but some are disposed of elsewhere such as public
 restroom sharps containers/community sharps boxes. surrendering to access shelter, they moved;
 there are many reasons but most regular users of the exchange return to us thanks to our ease of
 access being open all day, Monday through Friday.
Other business
 • Chapter 35
 o Councilor Fournier said a potential change to chapter 35 to discuss a business that was
 preparing beverages on site. The business had until January 31st to remedy and asked for
 assistance on amendments to the chapter. Chapter 35 was worked on HHS&PS and
 HEDC and decided this committee to take up later in our work plan. Councilor Fournier
 asked the committee to move this item to the next meeting.
 ▪ Councilor Bullett supports moving it to next month’s agenda.
 ▪ Councilor Pelletier and Councilor Michniewicz support expediting to the next
 meeting.




 Page 7
 o Next steps:
 ▪ Staff to give background on what a change to Chapter 35 would look like.
 (Fiscal impact, operational considerations)
 ▪ Will be next meeting, if Corporation Counsel has capacity to draft an order for
 consideration in time for next meeting.
7. Next Meeting: April 8, 2025
 • NOTE: the next meeting is postponed to April 10, 2025.

Councilor Bullet entertained a motion to adjourn. Councilor Michniewicz moved to adjourn, Councilor
Pelletier seconded; the motion passed unanimously 4-0 and the meeting adjourned at 7:14 PM.




 Page 8
Page 9
City of Portland | Permitting and Inspections
Jessica Hanscombe, Director

To: Health and Human Services and Public Safety Committee
From: Jessica B. Hanscombe, Director
Date: April 7, 2025
RE: Staff Feedback on Proposed amendment to Chapters 35, 15




MEETING DATE

April 10, 2025

AGENDA ITEM

Proposed Amendments to Chapter 35, Chapter 15.

PURPOSE

Amend Chapters 35 and 15, Code of Ordinances to allow Marijuana Retail Stores to operate as a
Restaurant Use with nonalcoholic beverage preparation. .

COMMITTEE WORK PLAN​
​
This item is included on the HHS & PS Committee’s 2025 Work Plan.

BACKGROUND

Chapter 35 of the Code of Ordinance currently prohibits the preparation of food or drinks at
Marijuana Retail Stores. The stores are currently allowed to sell pre-packaged food and drinks
with a City and State of Maine Prepackaged Food Service License. The definition of Packaged
can be found in the Maine State Food Code, which has been adopted by reference:

(73) Packaged.​
(a) "Packaged" means bottled, canned, cartoned, securely bagged, or securely​
wrapped, whether packaged in a Food Establishment or a Food Processing Plant

When the ordinance was created in 2019-2020, allowing for only Marijuana products and
paraphernalia was deemed best practice. As part of the process of creating the ordinance, staff
researched regulations by other states and Canada that were already licensing Marijuana retail
businesses. Some, not all, states now allow it as part of the license for a “social club”. At this
time, the State of Maine does not allow for Social Clubs.

Proposed changes to the Code to allow for a new license classification type, also has the
potential to impact all 38 Marijuana Retail Stores, as well as future licensees. These additional



 389 Congress Street, Portland, Maine 04101 | 207-874-8703 | permitting@portlandmaine.gov

 Page 10
requirements would require City of Portland staff to train and educate on the requirements of the
Maine State Food Code and how to prevent cross-contamination.

When Chapter 35 was adopted by the City of Portland, there was a cap of 20 Retail Stores. The
voters removed that cap in November of 2020, which doubled staff’s workload of Retail stores
alone. The one dedicated Marijuana employee is currently past their capacity for the almost 100
licensed Marijuana businesses in the City of Portland. This new license classification would
increase their workload if a large percentage of current licensees and new applicants chose to
apply. PID would need to hire an additional Inspector to assess compliance with license
requirements which ensure the safety of retail customers.

FISCAL IMPACT

$102,802.61-Additional Marijuana Inspector (CEBA 18-M-SP) This includes salary, benefits,
equipment, uniform, training




 389 Congress Street, Portland, Maine 04101 | 207-874-8300 | info@portlandmaine.gov

 Page 11
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-1 Adopted 4-27-2020




 CHAPTER 35.



 CHAPTER 35. MARIJUANA BUSINESSES.

Art. I. Temporary Adult Use Marijuana Testing Licenses, §35-1
Art. II. Administrative Provisions, §35-2 – 35-7
Art. III. Regulation of Marijuana Businesses
 Div. 1. Applicability §35-8 – 35-11
 Div. 2. General License Requirements, §35-12 – 35-23
 Div. 3. Specific License Requirements, §35-24 – 35-31
 Div. 4. Performance Standards, §35-32 – 35-46


 ARTICLE I. TEMPORARY ADULT USE MARIJUANA TESTING LICENSES

35-1. Temporary Adult Use Marijuana Testing License.

 (a) An adult use marijuana testing facility may apply for
a temporary license to conduct business so long as all of the
following criteria are met:

 1. The applicant has received a conditional license from
 the State of Maine;

 2. The testing facility has received site plan approval
 and/or a building permit for either an adult use or
 medical marijuana testing facility;

 3. The applicant has designated an emergency contact who
 is available to respond to all emergency contacts by
 the City within one hour and to non-emergency contact
 by the City within 24 hours;

 4. The facility will have security features sufficient to
 prevent the diversion of marijuana and marijuana
 products, and to protect the health and safety of
 owner, patrons, City officials, and the public;

 5. The facility will have waste disposal measures
 sufficient to prevent diversion of marijuana or
 marijuana product, and to prevent contamination of
 land, water, and sewer;




 Page 12
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-1 Adopted 4-27-2020



 6. The facility will mitigate odor in such a manner so as
 to eliminate the smell of marijuana at the property
 boundary or at any adjoining use of the property,
 whichever is closer;

 7. The applicant has provided a floor plan for the
 facility;

 8. The applicant has provided an operations plan for the
 facility; and

 9. The applicant has disclosed all chemicals, solvents,
 and similar substances to be used in the facility.

 (b) Except as otherwise provided in this section, the
provisions of Chapter 15 shall apply to all licenses applied for
and issued under this Section.

 (c) Any temporary license granted under this section will
expire six months after the effective date of an ordinance that
provides for full licensing of adult use marijuana testing
facilities. After the expiration of any temporary license, a
testing facility must cease operations unless and until it
obtains a full license under the relevant ordinance. The
granting of a temporary license under this section shall not
automatically entitle an adult use marijuana testing facility to
a full license, and an adult use marijuana testing facility must
meet all requirements of the relevant ordinance.

 (d) Applicants for a temporary license shall pay a $500
application fee. If the applicant subsequently applies for a
full license within the same twelve-month period, the
application fee for the full license shall be waived, but the
applicant shall be required to pay the licensing fee. Any full
license will be dated back to the initial date of the temporary
license.

 (e) This section will expire six months after the
effective date of an ordinance that provides for licensing of
adult use marijuana testing facilities.

(Ord. No. 162-19/20, 4-27-2020)




 Page 13
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-2 10-16-2023



 ARTICLE II. ADMINISTRATIVE PROVISIONS

35-2. Definitions.

 Except as otherwise specified, the definitions in Chapter
14 shall apply to this Chapter.

 Disqualifying conviction shall mean any of the following: (1)
any felony conviction where the conviction or completion of any
sentence, whichever is more recent, has been completed within the
last ten years; or (2) any conviction for a drug related crime
other than a felony, but not including convictions for marijuana
related crimes, where the conviction or completion of any sentence,
whichever is more recent, has been completed within the last five
years.

 Disqualifying violation shall mean, within the previous five
years, the non-payment or late payment greater than 30 days of any
tax or fee on more than one occasion; any citation for licensing,
land use, life safety, building, fire, health, or similar violation
that was not corrected within the timeframe required by the City;
any suspension, revocation, or denial of any license or permit;
any false statement on a City form or application; and any other
significant failure to comply with City ordinances. Disqualifying
violations shall not include parking tickets. Disqualifying
violations shall not include late payments greater than 30 days of
any taxes or fees that occurred during the period of the COVID-19
pandemic between March 30, 2020 and September 30, 2020 provided
that all outstanding balances have been paid in full by October
16, 2020.

 Manual processing shall include the extraction, processing,
or manufacturing of marijuana using only mechanical methods that
do not involve the use of chemicals or solvents other than water
or ice; and the infusion of marijuana in typical cooking fats and
food additives.

 Marijuana means the leaves, stems, flowers and seeds of a
marijuana plant, whether growing or not. “Marijuana” includes
marijuana concentrate but does not include hemp as defined in 7
M.R.S. §2231(1), or a marijuana product.

 Marijuana business shall mean any individual or entity
cultivating, harvesting, manufacturing, processing, testing,
selling or transferring, delivering, or otherwise engaging in any
activity with respect to marijuana for profit within the City.




 Page 14
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-2 10-16-2023


This shall include registered dispensaries, but shall not include
(1) individuals cultivating and processing marijuana for their
personal consumption; or (2) caregivers who are not required to be
registered pursuant to 22 M.R.S. Chapter 558-C.

 Mobile sales shall include sales directly from motor
vehicles or vessels, tours, catering, or temporary off-site
sales (including but not limited to “pop-up” events, farmer’s
markets, fairs, festivals, concerts, trade shows, or similar).
Mobile sales shall not mean authorized deliveries from licensed
businesses.
(Ord. No. 166-19/20, 5-18-2020; Ord. No. 108-20/21, effective 7-1-2020; Ord.
No. 44-23/24, 10-16-2023)
35-3. Enforcement.

 (a) This Chapter shall be enforced by the City Manager and
his/her designee(s).

 (b) Each day that a violation of this Chapter exists shall
be a civil violation subject to the following:

 1. Civil penalties. Each violation of this Chapter shall
 be subject to civil penalties in the minimum amount of
 $100 and the maximum amount of $2,500 per day that the
 violation has existed. However, the maximum amount of
 civil penalties may be increased where:

 a. There has been a previous violation or judgment
 against the same party within the past two years
 for a violation of this Article, except that the
 maximum civil penalties may not exceed $25,000 per
 day; or

 b. The economic benefit resulting from the violation
 exceeds the applicable penalties, except that the
 maximum civil penalty may not exceed an amount
 equal to twice the economic benefit resulting from
 the violation.

 2. Posting against occupancy. In addition to any other
 remedies provided by this Code, the City may take all
 necessary steps to immediately shut down any marijuana
 business and post the business and the space that it
 occupies against occupancy for any of the following
 violations:

 a. Operating a marijuana business without a valid City
 and state license;



 Page 15
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-3 Adopted 5-18-2020


 b. Failure to allow entrance and inspection to any
 City official on official business after a
 reasonable request;

 c. Allowing the use or consumption of marijuana or
 marijuana products on the premises of the marijuana
 business; and

 d. Any other violation that the City determines has
 the potential to threaten the health and/or safety
 of the public, including significant fire and life
 safety violations.

 (c) The City Manager or his/her designee is authorized to
cause to be instituted by the corporation counsel, in the name of
the City, any and all actions, legal or equitable, that may be
appropriate or necessary for the enforcement of the provisions of
this Chapter.

 (d) If the City is the prevailing party in any legal action
to enforce this chapter, the municipality must be awarded
reasonable attorney fees, expert witness fees and costs, unless
the court finds that special circumstances make the award of these
fees and costs unjust.

(Ord. No. 166-19/20, 5-18-2020)
35-4. Appeals.

 Appeals of decisions made pursuant to this Chapter shall be
as follows:

 (a) An appeal from a decision to issue, issue with
conditions, deny, or revoke a license pursuant to Article III may
be appealed to Superior Court pursuant to M.R. Civ. P. 80B by a
party with standing.

 (b) An appeal from any notice of violation, suspension,
revocation, or similar enforcement action under this Chapter may
be appealed to the City Manager or his/her designee by a party
with standing within ten business days of the written decision
taking such action. An appeal from any decision of the City
Manager may be appealed to Superior Court pursuant to M.R. Civ. P.
80B.
(Ord. No. 166-19/20, 5-18-2020)
35-5. Reserved.
35-6. Reserved.
35-7. Reserved.



 Page 16
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-2 Adopted 5-18-2020


(Ord. No. 166-19/20, 5-18-2020)


 ARTICLE III. REGULATION OF MARIJUANA BUSINESSES

 DIVISION 1. APPLICABILITY

35-8. Applicability.

 This Article will apply to the operation of any marijuana
business, as defined, within the City.
(Ord. No. 166-19/20, 5-18-2020
35-9. Reserved.
35-10. Reserved.
35-11. Reserved.
(Ord. No. 166-19/20, 5-18-2020)


 DIVISION 2. GENERAL LICENSE REQUIREMENTS

35-12. Licensing Requirements.

 (a) Chapter 15 to apply. Except as otherwise provided in
this Article, the provisions of Chapter 15 shall apply to all
licenses applied for and issued under this Article.

 (b) Operating without a license prohibited. No individual
or entity may operate a marijuana business within the City without
first obtaining a license from the City.

 (c) Burden of proof. The applicant for any license under
this Article bears the burden of proving that all qualifications
for licensure have been satisfied.

 (d) Current information. Any applicant or licensee must
keep all information disclosed in their application current and
must notify the City of any change in information within ten
business days of any such change.

 (e) No vested rights. No person shall have any entitlement
or vested right to a license under this Article, and operating a
marijuana business is a privilege and not a right in the City.

 (f) Licenses not transferable. Licenses issued pursuant to
this Article are not transferable. However, retail and dispensary
licenses shall be transferable in accordance with Sec. 35-43 until
the effective date of federal legislation allowing federally
regulated financial institutions to serve marijuana businesses, or



 Page 17
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-2 Adopted 5-18-2020


the removal of the cap on marijuana retail stores and dispensaries
in Sec. 35-43(i).

 (g) Multiple licenses. An individual or entity may hold
multiple licenses under this Article, except that an individual or
entity may not hold more than one retail and/or dispensary license,
or have an interest in an entity that holds more than one retail
and/or dispensary license, until after January 1, 2025.
(Ord. No. 166-19/20, 5-18-2020)
35-13. License Types.

The City has established the following license types for marijuana
businesses:

 (a) Cultivation – Tier 1. A tier 1 marijuana cultivation
license shall allow the license holder to cultivate up to 500 sq.
ft. of marijuana plant canopy, and to sell harvested, unprocessed
marijuana, marijuana plants, or seedlings at wholesale.

 (b) Cultivation – Tier 2. A tier 2 marijuana cultivation
license shall allow the license holder to cultivate up to 2,000
sq. ft. of marijuana plant canopy, and to sell harvested,
unprocessed  marijuana,  marijuana  plants, or  seedlings  at
wholesale.

 (c) Cultivation – Tier 3. A tier 3 marijuana cultivation
license shall allow the license holder to cultivate more than 2,000
sq. ft. of marijuana plant canopy, and to sell harvested,
unprocessed marijuana, marijuana plants,  or seedlings at
wholesale.

 (d) Dispensary. A dispensary license shall allow a
registered dispensary to sell marijuana in accordance with Title
22, Chapter 558-C of the Maine Revised Statute.

 (e) Manufacturing – Manual. A manual manufacturing license
shall allow the license holder to manufacture marijuana using
manual processing only.

 (f) Manufacturing – High Hazard. A high hazard manufacturing
license shall allow the license holder to manufacture marijuana
using chemicals and solvents in addition to manual processing
methods.

 (g) Retail – Medical. A medical marijuana retail license
shall allow a registered caregiver to sell marijuana in accordance
with Title 22, Chapter 558-C of the Maine Revised Statutes.



 Page 18
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-13 Adopted 5-18-2020


 (h) Retail – Adult Use. An adult use marijuana retail
license shall allow the license holder to sell adult use marijuana
in accordance with Title 28-B of the Maine Revised Statutes.

 (i) Small Scale Caregiver. A small scale caregiver license
shall allow a registered caregiver to engage in the business of a
small scale caregiver, as defined in Chapter 14, including
cultivation, manual processing, and limited sales to patients, as
defined.

 (j) Testing. A marijuana testing license shall allow the
license holder to engage in the business of testing medical and/or
adult use marijuana for third parties.
(Ord. No. 166-19/20, 5-18-2020
35-14. Licensing Procedure.

 (a) Applications submission. All applications for licenses
under this Article shall be submitted to the Business Licensing
Office on forms provided by the City, and shall include all
required information, attachments, and fees. No application will
be considered unless and until it is complete, as determined by
the Business Licensing Office.

 (b) Review and recommendation by City departments. The
following City departments shall review all applications and
recommend whether to issue, issue with conditions, or deny the
permits applied for.

 1. The Permitting and Inspections Department shall review
 all applications for compliance with this Article,
 Chapters 6, 14, 10, and 15 of this Code, as applicable,
 and all other matters within its purview.

 2. The Police Department shall review the security plans
 submitted by each  applicant, as well as any
 disqualifying convictions of the applicant and
 associated individuals, and all other matters within its
 purview.

 3. The Fire Department shall review all applications as to
 compliance with Chapter 10 of this Code, other fire and
 life safety concerns, and all other matters within its
 purview.

 4. Other City staff or departments shall review and provide
 recommendations on applications  as necessary to
 adequately evaluate the applications.



 Page 19
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-14 Rev. 8-8-2022


 (c) Hiring of third party professionals. Where the City
determines that it is necessary for an applicant to hire a third
party professional to complete any portion of the application, the
City may require an applicant to hire a professional with
qualifications sufficient to satisfy the City.

 (d) City consultation with third party experts. Where the
City determines that it is necessary for the City to consult with
a third party expert on an application or portion of an
application, it may do so and charge the costs of that third party
expert consultation to the applicant. Before doing so, however,
the City shall give notice to the applicant of its determination
of need, including the basis for that determination; the third-
party that the City proposes to engage; and the estimated fee for
the third-party consultation. The applicant shall have the
opportunity to provide feedback to the City on its determination
before the City engages the third party.

 (e) Licensing decisions. Applications for any license shall
be granted, granted with conditions, or denied by the City Manager
or his/her designee. Conditions may be imposed on any license
issued pursuant to this Article, as necessary to protect the
health, safety, and welfare of the public.

 (f) Allocation of retail licenses. Retail licenses shall be
considered as follows:

 1. The City Manager shall establish an opening date and a
 closing date for applications in the initial year in
 which  licenses become  available.  This shall  be
 considered the First Round of applications for retail
 licenses.

 2. Upon submission of an application for a given round of
 licensing, the City will perform a completeness review
 and establish that the applicant has a complete
 application and meets the minimum qualifications.

 a. If the application is complete and the applicant
 meets the minimum qualifications, the City will
 assign the application a numerical score based on
 the criteria outlined in subsection (f)(3) below.

 b. If the application is incomplete, the applicant
 will be notified of the incompleteness and given
 one week to correct any incompleteness. If the
 application is still incomplete after that time,




 Page 20
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-14 Rev. 8-8-2022


 the City will reject the application. The
 applicant may reapply, but any second or subsequent
 application will be treated as a new application.

 3. Notwithstanding the cap in Sec. 35-43(i), and the
 dispersal requirements in Sec. 35-43(h), all qualified
 applicants who submit a complete application in the
 First Round of licensing shall be awarded tentative
 approval for a marijuana retail license. After the First
 Round, no additional licenses shall be awarded until the
 number of licensees falls below the cap, and all new
 licensees must meet the dispersal requirements and all
 other requirements of this Code.

 4. Applicants with the highest point totals shall be chosen
 first for tentative approval for a license. Where two or
 more applicants cannot be awarded tentative approval due
 to either the 100’ dispersal requirement, or other
 limitations in this ordinance, tentative approval will
 be awarded, as between those two or more applicants,
 based on a lottery.

 5. If the application is tentatively approved, the
 applicant will have one year from tentative approval to
 open the retail business, including obtaining all final
 state and local approvals, building permits and
 approvals, certificates of occupancy, and any other
 local approvals or permits necessary to operate. If the
 applicant fails to meet the one-year deadline, it
 forfeits its tentative approval. The applicant may
 reapply, but any second or subsequent application will
 be treated as a new application. This paragraph shall
 not be construed to require a licensee to make retail
 sales.

 6. A licensee who has its license revoked, or who fails to
 timely renew its license, shall forfeit its right to
 renew its retail license. The licensee may reapply, but
 any second or subsequent application will be treated as
 a new application.

 7. Licensees who have a medical marijuana retail license
 may convert to an adult use retail license, so long as
 they meet the requirements for such license and pay the
 licensing fees. Licensees who have an adult use retail
 license may convert to a medical marijuana retail
 license, so long as they meet the requirements for such




 Page 21
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-14 Rev. 8-8-2022


 license and pay the licensing fees. A licensee who
 chooses to convert its license will be treated as a
 renewal license, and not a new applicant for purposes of
 the dispersal requirement. Applicants with a pending
 application for a medical marijuana retail license may
 convert to an adult use retail application. Applicants
 with a pending application for an adult use retail
 license may convert to an application for a medical
 marijuana retail application. An applicant who chooses
 to convert its application will not be treated as a new
 applicant for purposes of the dispersal requirement
 outlined in Sec. 35-43.

 8. Following the First Round of applications, the City
 Manager shall accept future applications on a first-
 come-first-served basis and may maintain a wait list for
 up to one year. However, if there are two or more
 applications that are submitted on the same business day
 and that cannot all be granted due to some limitation in
 this Chapter, any available license shall be awarded by
 lottery.

(Ord. No. 166-19/20, 5-18-2020; Ord. No. 105-20/21, 11-9-2020; By Referendum,
11-3-2020; Ord. No. 261-21/22, 8-8-2022)
35-15. License Application.

 Applications for all licenses under this Article shall be on
forms provided by the City. In addition to any other information
deemed necessary by the City, applicants shall provide the
following information:

 (a) General application.

 1. The name, mailing address, physical address, and phone
 number of the business, as well as any other available
 contact information, including email address, fax
 number, website, etc.

 2. The name, mailing address, phone number, and email
 address of the following:

 a. The individual or corporate owner of the marijuana
 business;

 b. A community relations liaison, as described in Sec.
 35-33;




 Page 22
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-15 Adopted 5-18-2020


 c. A person with a physical address in the City who is
 authorized to accept service of process on behalf
 of the marijuana business; and

 d. An emergency contact, as described in Sec. 35-33.

 2. A general description of the business, including
 hours of operation, type of business, etc.

 3. The license being applied for.

 (b) Corporate entity supplement. Where the marijuana
business is a corporate entity, the applicant must disclose the
name, mailing address, phone number, and email address of each and
every individual or corporate owner, officers, directors,
managers, general partners, shareholders, and/or other parties
responsible for the marijuana business.

 (c) Background check information and consent. Where a
background check of any kind is required by this Code, the
applicant must provide all relevant information sufficient to
conduct the background check, as well as any necessary consents.

 (d) Landlord permission. Notarized, written permission from
the owner of the property where the marijuana business proposes to
operate for the applicant to operate the marijuana business for
which the applicant is applying, or a copy of a fully executed
lease agreement specifically allowing the use of the leased space
to be used as they type of marijuana business applied for.

 (e) State authorizations. Applicants must provide evidence
of all required state authorizations, including evidence of a
caregiver registration in good standing, a conditional license
pursuant to Title 28-B, food license, and any other required state
authorizations.

 (f) Security plan. A security plan, which shall be kept
confidential, and which shall be sufficient to prevent the
diversion of marijuana and marijuana products, and to protect the
health and safety of owner, patrons, City officials, and the
public.

 1. The security plan shall, at a minimum, address all of
 the security requirements included in Sec. 35-36.

 2. The City may require any reasonable modifications to the
 security plan that it deems necessary to prevent
 diversion and protect the public safety.



 Page 23
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-15 Adopted 5-18-2020


 3. A copy of the approved security plan shall be maintained
 at the licensee’s site at all times and shall be made
 available to any City representative upon request. Any
 modifications to the security plan before or after
 licensing must be reviewed by the Police Department.

 (g) Waste disposal plan. A waste disposal plan, which shall
be sufficient to prevent diversion of marijuana or marijuana
product, and shall be sufficient to prevent contamination of land,
water, and sewer; and

 1. The waste disposal plan shall, at a minimum, address all
 of the waste disposal requirements included in Sec. 35-
 39, and all waste disposal requirements otherwise
 included in this Code, including, but not limited to,
 Chapters 24 and 32.

 2. The City may require any reasonable modifications to the
 waste disposal plan that it deems necessary.

 3. A copy of the approved waste disposal plan shall be
maintained at the licensee’s site at all times and shall be made
available to any City representative upon request. Any
modifications to the waste disposal plan before or after licensing
must be reviewed and approved by the City.

 (h) Odor mitigation plan. An odor mitigation plan, which
shall be sufficient to eliminate the smell of marijuana at the
property boundary or at any adjoining use of the property,
whichever is closer.

 1. The odor mitigation plan shall at a minimum, address all
 of the odor mitigation requirements included in Sec. 35-
 40.

 2. The City may require any reasonable modifications to the
 odor mitigation plan that it deems necessary, including
 requiring that the plan be designed by a qualified,
 licensed professional engineer.

 3. A copy of the approved odor mitigation plan shall be
 maintained at the licensee’s site at all times and shall
 be made available to any City representative upon
 request. Any modifications to the odor mitigation plan
 before or after licensing must be reviewed and approved
 by the City.




 Page 24
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-15 Adopted 5-18-2020


 (i) License specific requirements. A licensee must provide
the additional information specific to the license being applied
for, as described in Sec. 35-24 through 35-28.

 (j) Any other information that the City Manager decides is
necessary to evaluate an application under this Article.
(Ord. No. 166-19/20, 5-18-2020)
35-16. Performance Guarantee Required.

 (a) For all marijuana businesses, other than small scale
caregivers and marijuana testing facilities, a performance
guarantee shall be required in the amount of the cost of winding
down the marijuana business, including proper disposal of all
marijuana, marijuana plants, and marijuana product; disposal of
chemicals and solvents; disposal of specialized equipment; and
resolution of any outstanding compliance issues.
 (b) The performance guarantee shall be supplied before the
issuance of the final license.
 (c) This requirement may be satisfied by surety bond, letter
of credit, escrow account, or by evidence, acceptable to the City,
of the financial and technical ability and commitment of the
applicant or its agents to wind down the business in full
compliance with all federal, state, and local requirements.
 (d) At the sole discretion of the City Manager or his/her
designee, the marijuana business may be released from its
obligation to maintain the performance guarantee after three years
of successful and responsible operation of the marijuana business
in a manner acceptable to the City.
(Ord. No. 166-19/20, 5-18-2020
35-17. Fees and Costs.

 (a) The initial application fee, annual licensing fee, and
expiration date for licenses issued under this Article shall be as
listed in Chapter 15 of this Code. Application fees shall be due
only for the initial application, or any time that the applicant
makes substantial changes to the licensed business and requires
re-approval.

 (b) Applicants shall also be responsible for paying the
City’s reasonable expenses associated with the review of an
application, including:

 1. Any required criminal background checks;




 Page 25
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-17 Adopted 5-18-2020


 2. Any costs of notification; and

 3. The cost of any independent, third-party review, where
 the City determines it is necessary to effectively
 evaluate an application.

 (c) Application fees and any expenses charged pursuant to
this section shall be non-refundable.

 (d) Upon request of the applicant, the annual licensing fee
may be refunded if the applicant 1) withdraws its application prior
to the granting of the license; 2) is denied a marijuana business
license; or 3) notifies the City that it is abandoning its license
prior to opening the marijuana business. Refunds must be requested
within 60 days of withdrawal, denial, or abandonment.

(Ord. No. 166-19/20, 5-18-2020
35-18. Minimum Qualifications for Individual Applicants.

 All natural persons who apply for a license under this Article
shall meet all of the following requirements:

 (a) Be at least 21 years of age;

 (b) Not have any disqualifying convictions or currently be
subject to prosecution for any disqualifying conviction;

 (c) Not have any disqualifying violations;

 (d) Not have been an owner, officer, director, manager,
general partner, shareholder, or other responsible party in any
corporate entity with disqualifying violations within the past two
years;

 (e) Not have any revocation or suspension of a marijuana-
related license, permit, certificate, or registration;

 (f) Not be employed by any state agency or City department
with regulatory authority over the marijuana business, including
the City Executive Department, Police Department, Permitting and
Inspections Department, Planning Department, Fire Department, and
Corporation Counsel’s Office; and

 (g) Not be a law enforcement officer.
(Ord. No. 166-19/20, 5-18-2020
35-19. Minimum Qualifications for Corporate Applicants.




 Page 26
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-19 Adopted 5-18-2020


 All corporate or other entities who apply for a license under
this Article shall meet all of the following requirements:

 (a) Be formed or organized under the laws of the State of
Maine;

 (b) Be in good standing with the Maine Secretary of State;

 (c) Not have any disqualifying violations within the past
two years; and

 (d) Have all officers, directors, managers, and general
partners be natural persons who meet the minimum requirements for
an individual applicant in 35-18 above.
(Ord. No. 166-19/20, 5-18-2020
35-20. Suspension and Revocation.

 (a) Grounds for suspension. In addition to the grounds for
suspension enumerated in Chapter 15, the following shall be grounds
for suspension of a license pursuant to this Article:

 1. Any event or condition that would have disqualified an
 applicant from obtaining an original license, until that
 disqualification is resolved to the satisfaction of the
 City;

 2. The licensee has failed to timely supplement its license
 information, as required;

 3. The licensee has failed to file any required reports or
 furnish any information, as required; and

 4. The licensee has knowingly permitted, encouraged, failed
 to prevent, or failed to remedy a violation of this
 Article.

 (b) Length of suspension. Any first suspension pursuant to
this Article may not exceed six months after the resolution of the
condition that formed the grounds for suspension. Any second and
subsequent suspensions may not exceed one year after the resolution
of the condition that formed the grounds for suspension.

 (c) Grounds for revocation. In addition to the grounds for
revocation enumerated in Chapter 15, the following shall be grounds
for revocation of a license pursuant to this Article:

 1. Failing to timely remedy any condition in (a) above;




 Page 27
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-20 Adopted 5-18-2020


 2. Repeated significant violations of this Article; and

 3. Any event that would have disqualified the license from
 initially obtaining a license.

 (d) Length of revocation. Any license revocation shall
prohibit the licensee from being an owner, officer, director,
manager, general partner, shareholder, and/or otherwise
responsible for any marijuana business for one year after the
resolution of the condition that formed the grounds for revocation.

 (e) Procedures for suspension or revocation. Suspension or
 revocation proceedings shall be conducted by the
 Permitting and Inspections Department pursuant to the
 following procedures:

 1. Prior to suspension or revocation, a licensee shall be
 given notice of the reasons that the City is considering
 the action and an opportunity to be heard.

 2. Where the reason for suspension or revocation could
 reasonably threaten health, safety, and/or welfare, a
 license may be suspended without notice and hearing, so
 long as notice and an opportunity to be heard is provided
 as soon as practicable.

 3. Suspensions or revocations will be issued in writing.
(Ord. No. 166-19/20, 5-18-2020
35-21. Reserved.
35-22. Reserved.
35-23. Reserved.
(Ord. No. 166-19/20, 5-18-2020)


 DIVISION 3. SPECIFIC LICENSE REQUIREMENTS

35-24. Cultivation Licenses.

 In addition to the requirements provided elsewhere in this
Article, an applicant for any tier of cultivation license must
also provide the following:

 (a) The amount of plant canopy to be grown;

 (b) Floor plans, including the location of mature, immature,
and seedling plants, storage areas, office areas, etc.;




 Page 28
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-24 10-16-2023


 (c) Operations plan, including growing and fertilizing
methodology, inventory control, transportation, overview of
policies and procedures, and similar information;

 (d) Quality control plan detailing the testing protocols and
schedules to ensure the safety of the marijuana being cultivated;

 (e) Disclosure of chemicals, fertilizer, pesticides, and
similar substances - whether organic or synthetic - to be used in
the cultivation process, the quantities of such substances, and
the Safety Data Sheets for any covered products to be used in the
operation;

 (f) Written certification by a qualified engineer that the
cultivation facility,  equipment, and operation  meet all
requirements of Chapter 38 of NFPA 1, as adopted by Chapter 10 of
this Code;

 (g) Written certification by a Maine certified Master
Electrician that the cultivation facility and operation meets all
electrical standards adopted by the State of Maine and/or the City;
and

 (h) If the applicant intends to offer mobile delivery (if
permissible under their State license), applicant must complete a
mobile security form available through Permitting and Inspections,
and must provide proof of the following:

 1. Copy of Current registration and motor vehicle insurance
 for any vehicle which could be used for any mobile operations
 of the marijuana business;

 2. Copy of valid driver’s license for all listed employees
 who could potentially be conducting mobile operations.

(Ord. No. 166-19/20, 5-18-2020; Ord. No. 44-23/24, 10-16-2023)
35-25. Manufacturing Licenses.

 In addition to the requirements provided elsewhere in this
Article, an applicant for a manufacturing license must also provide
the following:

 (a) Description of manufacturing processes to be used,
including extraction methods;

 (b) Floor plans, including the location of processing
equipment, storage areas for marijuana, chemicals and solvents,
and other items; office areas, etc.;



 Page 29
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-25 10-16-2023


 (c) Operations plan, including intake and inventory control,
transportation, overview of policies and procedures, and similar
information;

 (d) Quality control plan detailing the testing protocols and
schedules to ensure the safety of the products being manufactured;

 (e) Disclosure of chemicals,  solvents,  and similar
substances to be used in the cultivation process, the quantities
of such substances, and the Safety Data Sheets for any covered
products to be used in the operation;

 (f) Written certification by a certified professional
engineer, licensed by the State of Maine, that the manufacturing
facility, equipment, and operation meet all requirements of
Chapter 38 of NFPA 1, as adopted by Chapter 10 of this Code;

 (g) Written certification by a Maine certified Master
Electrician that the manufacturing facility and operation meets
all electrical standards adopted by the State of Maine and/or the
City;

 (h) Where a licensee will manufacture food or food products,
the licensee must also provide proof of licensing pursuant to the
Maine Food Code and Chapter 11 of this Code; and

 (i) If the applicant intends to offer mobile delivery (if
permissible under their State license), applicant must complete a
mobile security form available through Permitting and Inspections,
and must provide proof of the following:

 1. Copy of Current registration and motor vehicle insurance
 for any vehicle which could be used for any mobile operations
 of the marijuana business;

 2. Copy of valid driver’s license for all listed employees
 who could potentially be conducting mobile operations.
(Ord. No. 166-19/20, 5-18-2020; Ord. No. 44-23/24, 10-16-2023)

35-26. Retail and Dispensary Licenses.

 In addition to the requirements provided elsewhere in this
Article, an applicant for a retail license must also provide the
following:




 Page 30
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-26 10-16-2023


 (a) Total square footage of the facility under the control
of the applicant and dedicated to the retail facility or dispensary
and ancillary activities;

 (b) Floor plans, including the location of retail space,
storage areas for marijuana products, areas dedicated to the sale
of non-marijuana products, office areas, etc.;

 (c) Operations plan, including overview of policies and
procedures, including policies and procedures to prevent sales to
minors, and similar information;

 (d) Documentation that the marijuana retail facility or
dispensary meets the dispersal requirements of Sec. 35-43; and

 (e) If the applicant intends to offer mobile delivery (if
permissible under their State license), applicant must complete a
mobile security form available through Permitting and Inspections,
and must provide proof of the following:

 1. Copy of Current registration and motor vehicle insurance
 for any vehicle which could be used for any mobile operations
 of the marijuana business;

 2. Copy of valid driver’s license for all listed employees
 who could potentially be conducting mobile operations.

(Ord. No. 166-19/20, 5-18-2020; Ord. No. 44-23/24, 10-16-2023)
35-27. Small Scale Caregiver License.

 In addition to the requirements provided elsewhere in this
Article, an applicant for a small scale caregiver license must
also provide the following:

 (a) Total square footage dedicated to the small scale
caregiver use;

 (b) Total plant canopy;

 (c) Floor plans, including the location of mature, immature,
and seedling plants, storage areas, office areas, etc.;

 (d) Quality control plan detailing the testing protocols and
schedules to ensure the safety of the products being manufactured;

 (e) Operations plan, including overview of policies and
procedures, including policies and procedures to prevent sales to
minors and to ensure that the small scale caregiver operation does




 Page 31
City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-27 10-16-2023


not exceed the five patients in one calendar month, and similar
information; and

 (f) If the applicant intends to offer mobile delivery (if
permissible under their State license), applicant must complete a
mobile security form available through Permitting and Inspections,
and must provide proof of the following:

 1. Copy of Current registration and motor vehicle insurance
 for any vehicle which could be used for any mobile operations
 of the marijuana business;

 2. Copy of valid driver’s license for all listed employees
 who could potentially be conducting mobile operations.
(Ord. No. 166-19/20, 5-18-2020; Ord. No. 44-23/24, 10-16-2023)
35-28. Marijuana Testing License

 In addition to the requirements provided elsewhere in this
Article, an applicant for a retail license must also provide the
following:

 (a) Floor plans,  including the  location of testing
equipment; storage areas for marijuana samples, chemicals and
solvents, and other items; office areas, etc.;

 (b) Operations plan, including intake and inventory control,
transportation, overview of policies and procedures, and similar
information; and

 (c) Disclosure of chemicals, solvents,  and similar
substances to be used in the testing process, the quantities of
such substances, and the Safety Data Sheets for any covered
products to be used in the operation.
(Ord. No. 166-19/20, 5-18-2020
35-29. Reserved.
35-30. Reserved.
35-31. Reserved.
(Ord. No. 166-19/20, 5-18-2020)




 DIVISION 4. PERFORMANCE STANDARDS.

35-32. Applicability.




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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-32 Adopted 5-18-2020


 Except where otherwise indicated, the performance standards
in this Division shall apply to all marijuana businesses.

(Ord. No. 166-19/20, 5-18-2020)
35-33. Cooperation with municipal officials.

 (a) The City Manager’s designees shall be permitted to enter
any marijuana business during regular business hours for the
purpose of making inspections, and examining and copying records.
 (b) Each and every person responsible for the management or
control of the marijuana business must afford free access to every
part of such establishment and to render all aid and assistance
necessary to enable the City to make a full, thorough and complete
examination thereof to determine compliance with this Article.
 (c) Each marijuana business shall designate a community
relations liaison, who shall be responsible for receiving and
responding to inquiries from, and reasonably addressing concerns
raised by, members of the public and other individuals.
 (d) Each marijuana business shall designate an emergency
contact who shall respond to all non-emergency contacts by the
City within 72 hours of contact, and to any emergency contact by
the City within two hours of contact.
(Ord. No. 166-19/20, 5-18-2020
35-34. Record retention Requirements.

 In addition to those records required to be kept and
maintained by the State of Maine, all marijuana business licensee
shall also keep the following records:

 (a) Invoices of all purchases for the previous two years
demonstrating the source of those purchases;
 (b) Receipts of all sales for the previous two years;
 (c) Testing results, if any, for the previous two years;
 (d) A copy of all current state and local licenses; and
 (e) Information about each concern addressed to the
community relations liaison, including the date and time of the
contact; the substance of the concern raised; the contact
information of the originator of that contact; the date and time
of the licensee’s response; and the substance of the response.
(Ord. No. 166-19/20, 5-18-2020)




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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-35 Adopted 5-18-2020


35-35. Compliance with Approvals.

 All licensees under this Article shall comply with their
approved plans, including security plans, waste disposal plans,
operating plans, odor mitigation plans, and any other plans that
are submitted to and approved by the City.
(Ord. No. 166-19/20, 5-18-2020)


35-36. Security Requirements.

All marijuana businesses must implement the following minimum
security requirements, which shall also be incorporated into a
security plan.

 (a) Building security. All fixed locations for a marijuana
business shall have the following:

 1. Exterior lighting sufficient to deter nuisance activity
 and facilitate surveillance but not disturb neighbors.

 2. A new or existing intrusion alarm system that is
 professionally monitored by a third party monitoring
 company and maintained in good working condition. The
 intrusion alarm system must include a panic button(s)
 that has the capability of transmitting its signal via
 City of Portland AES system directly to the City Dispatch
 Center.

 3. Interior electronic monitoring and video cameras.
 Electronic monitoring and video camera recording records
 must be maintained for at least 14 days and must be made
 available to an authorized representative of the City
 upon request.

 4. Exterior electronic monitoring and video cameras.
 Electronic monitoring and video camera recording records
 must be maintained for at least 14 days and must be made
 available to an authorized representative of the City
 upon request.

 5. Consistent and systematic prevention of loitering.

 6. Facilities approved by the Police Department or its
 third party designee for securing cash and all marijuana
 product packaged for sale as further detailed in
 regulations to be promulgated by the City Manager.



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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-36 10-16-2023


 Regulations shall require facilities sufficient to
 provide for the safety of employees and the public, and
 to prevent employee and third party theft and diversion.

 7. Any other security features that the Police Department
 deems necessary to ensure public safety and prevent
 theft and illegal transfer of marijuana.

 (b) Mobile security. All mobile operations of a marijuana
business, including pick-ups and deliveries of samples for
testing, wholesale products, authorized deliveries, and similar
functions shall have the following security:

 1. The vehicle may not have identifying marks associating
 the vehicle with a marijuana business; and

 2. The vehicle must have video cameras showing the interior
 of the vehicle, as well as the exterior of the
 vehicle, and recordings must be maintained for at
 least 14 days and must be made available to an
 authorized representative of the City upon request.
(Ord. No. 166-19/20, 5-18-2020; Ord. No. 261-21/22, 8-8-2022; Ord. No. 44-
23/24, 10-16-2023)
35-37. Responsibility for Employees, Guests, and Customers.

 (a) A marijuana business shall be responsible for all
individuals on their premises.

 (b) A marijuana business shall not sell any marijuana
product to, or allow an individual to enter or to remain on their
premises, who is

 1. Disorderly;

 2. Intoxicated;

 3. A threat to safety; or

 4. Has consumed or attempted to consume marijuana on the
 premises.
(Ord. No. 166-19/20, 5-18-2020
35-38. Information disclosure requirements.

 (a) A copy of the business license issued pursuant to this
Article must be prominently displayed at each location of the
marijuana business.



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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-38 Adopted 5-18-2020


 (b) The business license number issued to each marijuana
business must be clearly disclosed in all written advertising,
marketing, and promotional materials.
 (c) Each marijuana business must disclose the telephone
number of its community relations liaison, after the statement,
“For questions or concerns contact [number]” in all written
advertising, marketing, and promotional materials; and must be
prominently displayed at each location of the marijuana business.
 (d) A sign, prominently displayed near the entrance to the
marijuana business stating the minimum age to enter the business
and, if a retail store, the minimum age to purchase products from
the retail store.
(Ord. No. 166-19/20, 5-18-2020
35-39. Waste Disposal Requirements.

 (a) No marijuana, marijuana products, marijuana plants, or
other marijuana waste may be stored outside, other than in secured,
locked containers.
 (b) No marijuana, marijuana products, marijuana plants, or
other marijuana waste may be disposed of unless and until it has
been modified such that it is not useable.
 (c) All waste and wastewater from any marijuana facility
must be treated such that it will not create excessive odors,
contamination, or pollution.
 (d) No waste from a marijuana business may be disposed of in
residential trash.
(Ord. No. 166-19/20, 5-18-2020
35-40. Odor Mitigation Requirements.

 The smell of marijuana shall not be detectable at the property
boundary and/or at any adjoining use of the same property. A
marijuana business licensee is responsible for taking any and all
measures necessary to ensure that this standard is met.
(Ord. No. 166-19/20, 5-18-2020
35-41. Labeling.

 Any marijuana business that sells marijuana or marijuana
products at retail, must label all products as follows:

 (a) All marijuana must be in labeled containers meeting the
requirements of this section.




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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-41 Adopted 5-18-2020


 (b) All required statements must be in a font and size that
is readily legible to the average person.
 (c) Where applicable, the label must contain the following:
 1. A statement that the marijuana or marijuana product
 contains THC;
 2. If the marijuana or marijuana product has been tested
 for quality, purity, or potency, and any such
 representations are made about the marijuana or
 marijuana product, the following must be disclosed in
 close proximity to that representation:
 a. The name, location, and license number of the
 testing facility
 3. If the marijuana or marijuana product has not been tested
 for quality, purity, and/or potency by an independent
 third party, a statement that the product has not been
 tested for quality, purity, and/or potency.
(Ord. No. 166-19/20, 5-18-2020)
35-42. Limitations on the Production and Sale of Marijuana Food
Products.

 The following limitations apply to the manufacture and sale
at wholesale or retail of food or beverage products containing
marijuana:

 (a) Marijuana products may not be manufactured or sold in a
shape or design that is intended to appeal to minors;
 (b) Marijuana or marijuana derivatives may not be added to
commercially available products that do not otherwise contain
marijuana; and
 (c) Marijuana food and beverage products may not be
manufactured, processed, or packaged in the same kitchen or room,
or using the same equipment, as non-marijuana food and beverage
products.
(Ord. No. 166-19/20, 5-18-2020
35-43. Additional Retail Store and Dispensary Requirements.

 Marijuana businesses licensed pursuant to this Article must
also meet the following performance standards:

 (a) Hours of operation. Marijuana retail stores and
dispensaries may only be open to the public between the hours of



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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-43 10-16-2023


7:00 a.m. and 10:00 p.m. daily, and no sale or other distribution
of marijuana may occur on the premises outside of those hours.
 (b) Age restrictions.
 1. A medical marijuana retail store may not allow any
 individual under the age of 18 to enter their premises,
 including as an employee.
 2. An adult use marijuana retail store may not allow any
 individual under the age of 21 to enter their premises,
 including as an employee.
 3. Any delivery made under this Article must be to an adult
 21 years of age or older or to a qualifying medical patient
 under Maine law.
 (c) On-premises consumption of any marijuana products is not
permitted.
 (d) Other uses prohibited. Marijuana retail stores and
dispensaries may only not have the following uses other than
marijuana retail or other retail on the premises:
 1. Licensed marijuana retail sales and licensed
 marijuana dispensary sales;, including
 entertainment or restaurant uses, except that the
 2. Ssales of pre-packaged, ready-to-eat foods that are
 not prepared on site, subject to a FSE (food service
 establishment) – “No food preparation on premises”
 license;
 3. Sales and of ready-to-drink  non-alcoholic
 beverages, shall be allowed provided the applicant
 has an subject to a FSE - “No food preparation on
 premises” license; appropriate  food service
 license.
 4. Sales of non-alcoholic beverages prepared on site
 subject to a FSE - “With preparation limited to
 non-alcoholic beverages only” license.
 (e) Education requirements.
 1. Marijuana retail stores and dispensaries must have
 a sign, prominently displayed by the point of sale,
 informing customers of:
 a. The dangers of over consumption;



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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-43 10-16-2023


 b. The impact that marijuana has on brain
 development;
 c. That consumption of marijuana is illegal at
 the federal level and that consuming marijuana
 could impact employment, immigration status,
 the right to own firearms, the right to a
 commercial driver’s license, and other rights;
 d. That consumption of marijuana and marijuana
 products in public is illegal; and
 e. Additional information as required by rules
 promulgated by the Department of Health and
 Human Services.
 2. The City shall draft acceptable language for the signs
 required by this subsection. Any marijuana retail store
 or dispensary wishing to use alternative language must
 receive prior approval from the City’s Department of
 Health and Human Services.
 (f) Fixed location sales and delivery.

 1. Mobile sales are specifically prohibited.

 2. Mail order, telephone, internet or similar remote sales
 are specifically prohibited.

 3. Notwithstanding the provisions of this section, a small
 scale caregiver, medical marijuana retail store,
 and/or dispensary may make deliveries of marijuana
 products to a qualifying patient whose medical
 certificate has been verified in person.

 (g) Drive through windows. A marijuana retail store or
dispensary may not use a drive through window, or any other outdoor
space to sell marijuana or marijuana products.
 (h) Dispersal requirement. A marijuana retail facility or
dispensary may not be located within one hundred (100) feet of any
other marijuana retail facility or marijuana dispensary, as
measured along or across public ways, in a straight line, from any
entrance that is accessible to the public.




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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-43 10-16-2023


 This distance restriction shall not apply to one adult use
and one medical marijuana retail facility or dispensary that 1)
share the same or immediately adjoining space; 2) have common
ownership; 3) have consistent naming and branding; and 4) are
permitted by the state to share such space.

 The distance restriction shall also not apply to an existing
dispensary or medical marijuana retail store operating with a City
business license, a change of use permit, certificate of occupancy,
and/or a site plan approval prior to September 1, 2019, so long as
that dispensary or medical marijuana retail store does not apply
to convert to an adult use retail store.

 (i) [Repealed by referendum, 11-3-2020.]

 (j) Annual training. Each manager of any marijuana retail
store or dispensary, and all front line staff of each marijuana
retail store or dispensary and any staff conducting mobile retail
deliveries must attend a City-approved training within ninety days
of beginning in that position and then annually thereafter.
Employing a manager or front line staff that does not have the
required training may be grounds for suspension. If the training
program is provided by the Department of Health and Human Services,
the Department shall charge a fee for the cost of this class.

 1. Retail stores must submit a list of employees annually
 with their license renewal, along with verification that
 they have successfully completed a City-approved
 training program.

 (k) Transfer of retail and dispensary licenses. The
ownership of a retail or dispensary licensee may only be
transferred subject to the following limitations:

 1. No more than 25% of the ownership interests in a licensee
 may be transferred in any five-year period.

 2. Any transfers of interest in a retail or dispensary
 license occurring before January 1, 2025 must not impact
 any of the licensee’s points calculated under Sec. 35-
 14(f)(3).

 3. Any new owners must meet all requirements of this Chapter
 and be approved by the State of Maine.
(Ord. No. 166-19/20, 5-18-2020; By Referendum, 11-3-2020; Ord. No. 44-23/24,
10-16-2023)
35-44. Signs.



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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-44 Adopted 5-18-2020


 In addition to the sign regulations contained in Chapter 14
of this Code, all signage in connection with a marijuana business,
whether adult use or medical, shall comply with the requirements
for signs under Title 28-B of the Maine Revised Statutes, and any
regulations adopted thereunder.
(Ord. No. 166-19/20, 5-18-2020
35-45. Other Prohibitions.

 (a) On-premises consumption. Consumption of marijuana on
the premises of any marijuana business is prohibited.
 (b) Outdoor growing. Marijuana plants may not be grown
outdoors and may only be grown within a fully enclosed and secured
structure.

 (c) Indoor air quality. A marijuana business may not use any
chemical, process, or methodology that would result in compromised
indoor air quality, including the use of technology such as sulfur
pots.

 (d) Giveaways and samples prohibited. Marijuana businesses
may not distribute marijuana or marijuana products free of charge.

(Ord. No. 166-19/20, 5-18-2020
35-46. Insurance and Indemnification.

 (a) Each marijuana business, other than a small scale
caregiver, shall procure and maintain occurrence based commercial
general liability coverage in the minimum amount of $1,000,000.00
per occurrence for bodily injury, death, and property damage.
 (b) Each small scale caregiver shall procure and maintain
occurrence based commercial general liability coverage in the
minimum amount of $500,000.00 per occurrence for bodily injury,
death, and property damage.
 (c) Evidence of insurance required herein shall be a
condition of the issuance of any license under this article, and
shall be submitted to the City prior to obtaining the final
license. Certificates shall guarantee ten days' notice to the City
of termination of insurance from the insurance provider or agent.
The City’s acceptance or lack of acceptance of such evidence shall
not be construed as a waiver of the applicant’s obligation to
obtain and maintain such insurance as required by this article.
 d) By accepting a license from the City for a marijuana
business, the licensee knowingly and voluntarily waives, releases
and discharges the City from all claims, causes of action and



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City of Portland Marijuana Businesses
Code of Ordinances Chapter 35
Sec. 35-2 Adopted 5-18-2020


demands, both known and unknown, which it has ever had, or may
have against the City, or any of its officers, agents, employees,
representatives, insurers, successors and assigns for 1) any
injuries, damages, or liabilities resulting from the arrest,
prosecution, or other consequence of the marijuana business or its
parties of control for a violation of local, state, or federal
laws, rules, or regulations; and 2) any claim by a third party
against the marijuana business.
 (e) To the fullest extent permitted by law, the licensee
shall defend, indemnify and hold harmless the City, its officers
and employees, from and against all claims, damages, losses, and
expenses, just or unjust, including, but not limited to, the costs
of defense and attorney's fees arising out of, resulting from, or
relating to the performance of any license issued to licensee under
this Article or the operation of the licensee’s marijuana business.
Such obligation of indemnification shall not be construed to negate
or abridge any other obligation of indemnification running to the
City which otherwise exists. The extent of the indemnification
provision shall survive termination of any license issued to a
licensee under this Article and shall not be limited by the
provision for insurance in this Article.
 (f) This article shall not be construed as imposing upon the
City or any official, agent, or employee of the City, any liability
or responsibility for damages to any person resulting from or in
relation to the performance of this license, nor shall the City or
any official, agent or employee of the City be deemed to have
assumed any such liability or responsibility by reason of
inspections authorized herein, or the issuance of any license.
(Ord. No. 166-19/20, 5-18-2020)




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-1 Rev. 3-7-2016



 Chapter 15 LICENSES AND PERMITS*


----------
 *Cross reference(s)--Uniform procedure for assessments, § 1-16;
administration, Ch. 2; funds due to city, § 2-201 et seq.; permits for burglar
alarm systems, § 2.5-17; license for bottle clubs, § 3-26 et seq.; license for
amusement devices, § 4-26 et seq.; license for music, dancing and special
entertainment, § 4-51 et seq.; license for gaming, § 4-81 et seq.; license for
sidewalk tanks and pumps for petroleum products, § 10-116 et seq.; inspection
performance requirements, § 11-37; license for food service establishments, §
11-46 et seq.; license for street vendors, § 19-29 et seq.; license for transient
sales, § 19-56 et seq.; license for pawnbrokers, junk dealers, secondhand dealers
and flea markets, § 23-26 et seq.; excavator license, § 25-119; license for
wreckers and vehicle towing, § 28-286 et seq.; licenses for taxicabs and
limousines, § 30-31 et seq.; licenses for horse-drawn cabs, § 30-42 et seq.
----------

Art. I. In General, §§ 15-1--15-14.5
Art. II. Reserved, §§ 15-15--15-20
Art. III. State Liquor Licenses and Special Entertainment Licenses,
 § 15-21
 Div. 1. Renewals, §§15-21--15-30
 Div. 2. Site Restriction, §§15-31--15-40
 Div. 3. Training Requirements, §§15-41--15-43

 ARTICLE I. IN GENERAL


Sec. 15-1. Definitions.

 Words used in this chapter shall have their common meanings
except that, as used in this chapter or in chapters related to this
chapter, the following terms shall have the meanings set forth in
this section, unless the particular licensing provision, or the
context in which the term appears, clearly establishes that a
different meaning was intended:

 Actual ownership interest shall mean and include any legal or
equitable interest in either the licensed firm, corporation,
partnership or other entity, or the assets of that entity which are
the subject matter of the license, other than any mortgage or
security interest created solely as security for valuable
consideration. In the case of stock in a corporation, the term
shall be limited to those persons who individually or collectively
have an interest in more than one-half of the voting shares of the
 15-1




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-1 Rev. 3-7-2016

corporation. In the case of a limited partnership, the term shall
not include ownership of limited partnership shares.

 Bona fide nonprofit organization shall mean and include a bona
fide nonprofit, charitable, educational, political, civic,
recreational, patriotic or religious organization, which is
organized under the provisions of 13 M.R.S.A. § 901, or 13-B
M.R.S.A. § 201, or which is recognized as such by the Internal
Revenue Service under 26 U.S.C.A. § 501(c)(3).

 Bottle club means any person operating on a regular basis a
premises for social activities in which members or guests provide
their own alcoholic beverages.

 Disqualifying criminal conviction shall mean and include any
conviction for any criminal offense punishable by imprisonment for
any period of time, whether or not the sentence was imposed or
served, but shall not include any conviction which is shown to have
been set aside on appeal or collaterally, or for which a pardon,
certificate of rehabilitation, or the equivalent under the law of
the sentencing jurisdiction has been granted, or which is not
rationally related to the purpose of licensing the particular
activity or device.

 Person aggrieved shall mean and include any person whose
license is suspended or revoked or whose license application is
denied by any administrative official charged with responsibility
for the granting or supervision of any license.

 Principal officers shall mean and include the applicant and
any officer, director, partner, owner, manager, or person who
either has an actual ownership interest in the entity or directs
any policy of the entity.
(Code 1968, § 901.3; Ord. No. 231-80, 12-22-80; Ord. No. 562-84, § 1, 4-23-84;
Ord. No. 183-84, 9-24-84; Ord. No. 165-15/16, 3-7-2016)

 Cross reference(s)--Definitions and rules of construction generally, § 1-2.

Sec. 15-2. Applicability.

 (a) It is the sense of the city council that, to the extent
practical, licensing procedures within the city should be uniform,
and should be conducted at all times so as to give the maximum
degree of protection to the licensee consistent with protection of
the public health, safety and welfare. To that end, this chapter
shall apply to all licenses and permits issuable by the city
 15-2




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-2 Rev. 8-21-2017

through the Permitting and Inspections Department, and all licenses
and permits issued by the state to which the city council have a
right or duty to offer recommendations, comments, or to consent,
set forth in this Code. Notwithstanding the aforesaid, any more
stringent licensing or other requirement of this Code which is not
inconsistent with this chapter, shall be deemed to be an additional
requirement of this chapter.

 (b) The Director of the Permitting and Inspections Department
or his or her authorized designee shall be responsible for
licensing of taxicabs and liveries under article II of chapter 30,
and all references herein to the Permitting and Inspections
Department shall be to the said director in regard to such
licensing.
(Code 1968, § 901.1; Ord. No. 231-80, 12-22-80; Ord. No. 562-84, § 2, 4-23-84;
Ord. No. 294-04/05, 6-20-05; Ord. No. 165-15/16, 3-7-2016; Ord. 18-17/18, 8-21-
2017)

Sec. 15-3. License required.

 (a) No person shall engage in, operate any business, or use
or permit the use of any device for which one (1) or more licenses
are required by this Code or permit others operating under such
licenses to act, without having obtained each and every such
license required therein and shall not operate or use such license
or device during any time that the applicable license has been
suspended or after revocation as provided herein.

 (b) A license may be issued pending receipt of the criminal
history report from the State Bureau of Identification for
pawnbrokers, junk dealers, secondhand dealers and flea markets as
defined in Section 23-16, provided that the Permitting and
Inspections Department has received all other documentation
required for the issuance of such license and a copy of the
applicant’s criminal history record from the Portland Police
Department, which criminal history record does not contain a
disqualifying criminal conviction. If, after issuance of the
license, the Permitting and Inspections Department receives a
criminal history report form the State Bureau of Identification
that contains disqualifying information, the Permitting and
Inspections Department shall immediately move to suspend or revoke
the license pursuant to Chapter 15 Section 15-8(a)(6) of the City
Code.

 (c) Any person engaged in, or operating any business or
activity, or who uses or permits the use of any device for which a
 15-3




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-3 Rev. 8-21-2017

license is required, shall procure a license for each and every
such business activity, device or location of each activity or
device unless this Code specifically provides to the contrary.

 (d) Every license shall be exhibited in a conspicuous place
on the premises, device or vehicle at all times that the premises,
device, or vehicle is open to the public.
(Code 1968, § 901.2; Ord. No. 231-80, 12-22-80; Ord. No. 152-02/03, 2-3-03; Ord.
No. 165-15/16, 3-7-2016; Ord. 18-17/18, 8-21-2017)

Sec. 15-4. Licensing authority.

 (a) All licenses shall be issued, denied, suspended or
revoked and all hearings shall be held by the Permitting and
Inspections Department except as expressly provided in this Code.
The Permitting and Inspections Department is authorized to notify
the state licensing division of bureau of alcoholic beverages that
the city council consent to the extension of existing state liquor
licenses to city licensees pending the next meeting of the city
council.
(Code 1968, § 901.4; Ord. No. 231-80, 12-22-80; Ord. No. 576-81, § 1, 3-16-81;
Ord. No. 361-82, 1-4-82; Ord. No. 562-84, § 3, 4-23-84; Ord. No. 165-15/16, 3-
7-2016; Ord. 18-17/18, 8-21-2017)

Sec. 15-5. Applications.

 (a) All applications shall be made in writing on a form
provided by the Permitting and Inspections Department. Each
application submitted to the Permitting and Inspections Department
shall state the name and business address of each applicant, the
license desired, location to be used, if any, the date of the
application, and such additional information as may be deemed
necessary or useful by the Permitting and Inspections Department in
determining whether such permit or license applied for should be
issued.

 (b) Other papers:

 (1) Any application for a license for which a criminal
 conviction is a disqualification under this Code shall be
 accompanied by a written waiver of the applicant's right
 to privacy or confidentiality under the State Criminal
 History Records Act [16 M.R.S.A. § 611 et seq.] and
 otherwise to the extent necessary for the Permitting and
 Inspections Department, acting through the chief of
 police, to determine whether or not such disqualification
 exists.
 15-4




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-5 Rev. 8-21-2017


 (2) If the applicant is other than a natural person, the
 names of all principal officers shall accompany the
 original application.

 (3) A statement to the fact that no employee or officer of
 the city is beneficially interested in the license or
 licenses, or in lieu thereof, a statement of the names of
 such employees or  officers as are  beneficially
 interested.

 (4) In the case of a renewal, the licensee shall submit to
 the Permitting and Inspections Department on a form
 provided by the Permitting and Inspections Department, a
 certified ownership report for the previous twelve (12)
 month period. Such report, among other things, shall list
 the names of all persons, or groups of persons acting in
 concert who at any time during the period had an actual
 ownership interest.

 (5) Any organization claiming status as a bona fide nonprofit
 organization shall furnish sufficient evidence of such
 status.
(Code 1968, § 901.5; Ord. No. 231-80, 12-22-80; Ord. No. 165-15/16, 3-7-2016;
Ord. 18-17/18, 8-21-2017)

Sec. 15-6. Fees.

 (a) Application fees. Except as expressly provided, all
applications for original licenses or for the consent of the city
council, other than a flea market seller, temporary FSE or auction
license, shall be accompanied by an administrative fee of forty-
five dollars ($45.00) to defray the cost of processing the
application. All applications for renewal of licenses shall be
accompanied by the fees for issuance and an administrative fee of
thirty-five dollars ($35.00), except for a flea market seller to
defray the cost of processing the application. In any case where
notice by publication or mail is required, the applicant shall pay
the cost of publication and postage in advance. Application fees
shall not be refundable.

 (1) Applications for any original licenses pursuant to
 Chapter 35, other than licenses for Small Scale
 Caregivers, shall be accompanied by an administrative fee
 of five hundred dollars ($500.00). Applications for
 renewal of licenses pursuant to Chapter 35, other than
 15-5




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-6 Rev. 5-18-2020

 licenses for Small Scale Caregivers, shall be accompanied
 by an administrative fee of two hundred and fifty dollars
 ($250.00).

 (2) Applications for original Small Scale Caregiver Licenses
 shall be accompanied by an administrative fee of fifty
 dollars ($50.00). Applications for renewal of Small
 Scale Caregiver Licenses shall be accompanied by an
 administrative fee of forty dollars ($40.00).

 (b) Appeals fee. Appeals from determinations of the
Permitting and Inspections Department shall be accompanied by a
filing fee of twenty-five dollars ($25.00) and the appellant shall
also pay the full cost of publication and postage in advance, if
such notice is required. For the purposes of this subsection,
notice by publication shall be deemed to apply to the hearing on
appeal whenever the requirement of publication would exist in the
first instance. Appeals fees shall not be refundable except that,
upon a successful appeal, the Permitting and Inspections Department
shall credit the appeal fee toward the fee for issuance and shall
refund any excess.

 (c) Filing fees. Whenever any document, other than an
application for any license, is required or permitted to be filed
with the Permitting and Inspections Department in connection with
any license, and no fee for such filing is otherwise prescribed,
the fee for filing such document shall be two dollars ($2.00) for
the first page, and one dollar ($1.00) for each page thereafter.
Filing fees shall not be refundable.

 (d) Fees for issuance. Fees for issuance of licenses shall be
as provided in section 15-12. Fees for issuance shall be refundable
in the amounts, and under the conditions, as set forth in a policy
adopted by the Permitting and Inspections Department.


 (e) Late fees. An additional fee shall be charged for
issuance of any license after expiration of the holder's prior
license, unless the application for the renewal license was filed
prior to such expiration. The additional fee for issuance or
renewal of any license applied for after the applicant has
commenced the activity, or has permitted the use of the device to
be licensed prior to such issuance, shall be ten dollars ($10.00)
or five (5) percent per month of the fee for issuance, whichever is
greater, but shall not exceed the fee specified in this chapter for
issuance of that license. Late fees shall not be refundable.
 15-6




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-6 Rev. 5-18-2020


 (f) Proration. The fee for issuance of an original license,
unless issued late as provided in subsection (e), and which is
issuable on an annual basis, but which when issued will not give
the licensee twelve (12) full months use prior to expiration, shall
be reduced by ten (10) percent for each full month that licensee
will not have the use of the license, but in no case shall the
license fee be reduced by more than fifty (50) percent.
Notwithstanding the foregoing, there shall be no proration of the
fee for excavators' licenses issued pursuant to chapter 25, article
VII of this Code.

 (g) Fees to be cumulative. Fees provided for in this section
shall be deemed cumulative and shall be in addition to any other
fee or fees required for the issuance of any permit under section
15-12. Where a maximum license fee is established by the state, the
fees set by this chapter shall be deemed cumulative to the extent
of such maximum fee.

 (h) Refunds where activity subsequently prohibited. If,
during the unexpired term of the license, a licensed activity is
subsequently prohibited by amendment to this Code, the Permitting
and Inspections Department shall refund to the licensee a portion
of the license fee in accordance with the formula for proration of
fees set forth in section 15-6(f).
(Code 1968, § 901, 6; Ord. No. 231-80, § 901.6, 12-22-80; Ord. No. 554-81, §
901.6, 3-2-81; Ord. No. 40-82, 6-21-82; Ord. No. 554-85, 5-14-85; Ord. No.
210-85, § 1, 10-21-85; Ord. No. 30-87, 7-6-87; Ord. No. 424-89, 5-15-89;Ord. No.
247-04/05, 5-16-05; Ord. No. 224-09/10, 5-17-10; Ord. No. 203-11/12, 6-4-12; Ord.
No. 165-15/16, 3-7-2016; Ord. 18-17/18, 8-21-2017)

Sec. 15-7. Investigation of applicant.

 (a) Upon receipt of an application for any license or permit,
other than a renewal application substantially identical to the
original application, the Permitting and Inspections Department
shall inquire of other city departments, as appropriate, for
comments as to whether a license may be granted consistently with
the provisions of the laws and ordinances enforced by such
departments. In all appropriate cases, the building authority
shall verify that the premises to be used for the proposed activity
comply with the building code, electrical code, plumbing code and
zoning ordinance, and if applicable, state junkyard screening law;
the health authority shall cause inspections to be made of the
proposed location of any premises dispensing food or liquor; the
fire chief shall cause inspection to be made for the purpose of
determining if city ordinances, a state law, or state regulations
 15-7




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-7 Rev. 5-19-2003

concerning fire and safety have been complied with; and if the
license is not issuable to any class of persons, the police chief
shall cause an investigation to be made of the principal officers
or persons to be licensed. All such persons shall report to the
Permitting and Inspections Department in writing, and copies of any
such report shall be deemed a public record.

 (b) Whenever a criminal background check is done prior to
issuance of a license, any cost of such background check which is
charged to the City by another agency shall be added to the fees to
be paid by the applicant.
(Code 1968, § 901.7; Ord. No. 231-80, 12-22-80; Ord. No. 115-84, § 1, 8-6-84;
Ord. No. 247-02/03, 5-19-03; Ord. No. 165-15/16, 3-7-2016; Ord. 18-17/18, 8-21-
2017)

Sec. 15-8. Standards for denial, suspension or revocation.

 (a) Grounds. In addition to any other specific provision of
this Code authorizing such action, a license or permit may be
denied, suspended or revoked upon a determination of the existence
of one (1) or more of the following grounds:

 (1) Failure to fully complete the application forms;
 knowingly making an incorrect statement of a material
 nature on such form; or failure to supply any additional
 documentation required or reasonably necessary to
 determine whether such license is issuable, or failure to
 pay any fee required hereunder;

 (2) The licensed activity, or persons on the premises for the
 purpose of participating in the licensed activity, or
 persons patronizing the licensed device have caused one
 (1) or more breaches of the peace; or

 (3) There is a clear danger that a breach of the peace will
 occur if the licensed activity is permitted; or

 (4) The licensed activity or persons patronizing the licensed
 premises will substantially and adversely affect the
 peace and quiet of the neighborhood, whether or not
 residential, or any substantial portion thereof;

 (5) The licensee has violated any provision of this Code in
 the course of the conduct of the activity or device for
 which the license or licenses have been applied for, or
 have been issued; or
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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-8 Rev. 6-4-2018


 (6) The occurrence of any event subsequent to issuance of the
 license which event would have been a basis for denial of
 the license shall be grounds for revocation thereof; or

 (7) The applicant's or licensee's real or personal property
 taxes, or final judgments due and payable to the city,
 are determined to be in arrears as of the date of the
 license or application; or that real or personal property
 taxes or final judgments due and payable to the city on
 account of the premises for which application has been
 made or a license issued have not been paid in full as of
 the date of the license or application. Real or personal
 property taxes or final judgments that are less than
 thirty (30) days past due at the time of the license or
 permit application, that are less than $500.00, or that
 are determined by the City Manager of his or her designee
 to not be owed as per §2-203(f) shall not be considered
 in arrears for purposes of this section.

 (b) Hearings.

 (1) Except as expressly provided in this Code, no license to
 which this chapter applies may be revoked or suspended
 without prior notice to the licensee, and after a
 hearing.

 (2) In the case of the suspension or revocation of a license,
 a hearing shall be given to the licensee and a
 generalized statement of the nature of the complaint
 constituting the basis for the proposed action shall be
 included in the notice of hearing. Unexcused failure of
 licensee to appear at the hearing shall be deemed a
 waiver of the rights to said hearing.

 (3) Upon a determination that immediate and irreparable harm
 will be suffered by the public prior to the time that a
 hearing on suspension or revocation of a license can be
 scheduled and a finding of probable cause for such
 suspension or revocation, the Permitting and Inspections
 Department may suspend a license, pending hearing,
 effective upon the giving of actual notice to the
 licensee; provided that the Permitting and Inspections
 Department shall give an opportunity to be heard as soon
 as practicable thereafter. At any hearing, the licensee
 shall be given the opportunity to answer the complaint
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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-8 Rev. 6-4-2018

 and to present evidence. The complainant shall also be
 notified of the hearing and given the opportunity to be
 heard.

 (4) All suspensions or revocations shall be upon substantial
 evidence and all hearings shall be conducted with
 substantial fairness and strict adherence to the rules of
 evidence shall not be required.

 (5) All hearings on suspension or revocation of licenses
 shall be held within thirty (30) days of delivery to
 licensee of the generalized statement of complaint.

 (c) Abandoned licenses. The applicant shall pay the issuance
fee and obtain any license from the Permitting and Inspections
Department within thirty (30) days after it has been approved by
the Permitting and Inspections Department. Upon failure to pay the
issuance fee and obtain the license within said thirty-day period,
the approval shall be void and the application deemed abandoned.
For good cause shown, the Permitting and Inspections Department may
extend the thirty-day period provided such extension does not
result in the issuance of the license being delayed more than one
hundred eighty (180) days from its approval by the Permitting and
Inspections Department.
(Code 1968, § 901.8; Ord. No. 231-80, 12-22-80; Ord. No. 291-83, 12-5-83; Ord.
No. 562-84, §§ 4, 5, 4-23-84; Ord. No. 196-88, 11-7-88; Ord. No. 165-15/16, 3-7-
2016; Ord. 18-17/18, 8-21-2017; Ord. No. 220-17/18, 6-4-2018)

Sec. 15-9. Appeals.

 (a) Procedure. An appeal to the city manager may be taken by
any person aggrieved by the denial, suspension or revocation of a
license by the Permitting and Inspections Department by filing a
notice of appeal and the prescribed fee with the city manager
within thirty (30) days of the decision appealed from, and not
thereafter. Every appeal should be in writing and shall state the
basis for the appeal. Within two (2) business days of the filing of
an appeal, the city manager shall designate himself or any agent or
employee to act as hearing designee in the appeal. The hearing
designee shall hear the appeal within ten (10) business days after
the filing of the appeal and may affirm, reverse or modify the
decision appealed from. The taking of an appeal shall not stay a
decision appealed from, except that at the request of the licensee,
the Permitting and Inspections Department may stay the effective
date of a suspension, revocation or denial of a renewal license
upon a finding that the public is not likely to suffer any harm
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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-9 Rev. 9-24-1984

during the pendency of the appeal. In such case, the Permitting and
Inspections Department shall make a written finding of his or her
decision in this regard and shall notify the appellant.

 (b) Scope of review. On appeal, the hearing officer shall
review the decision of the Permitting and Inspections Department
and any disciplinary action taken pursuant thereto to determine
whether the decision was based upon substantial evidence and the
disciplinary action taken was proportionate to the violation. The
hearing officer may take additional evidence with respect to such
decision or action and if additional testimony or evidence is taken
shall determine the appeal upon all of the evidence, except as
provided in this section.

 (c) Appeal to the superior court. Any person aggrieved by a
decision of a hearing officer on appeal may appeal therefrom to the
superior court in accordance with the provisions of Maine Rule of
Civil Procedure 80B.
(Code 1968, § 901.9; Ord. No. 231-80, 12-22-80; Ord. No. 562-84, § 6, 4-23-84;
Ord. No. 182-84, 9-24-84; Ord. No. 165-15/16, 3-7-2016; Ord. 18-17/18, 8-21-2017)

Sec. 15-10. Notices of hearing.

 (a) Content. Whenever a public hearing is required, the
Permitting and Inspections Department shall give notice of the time
and place of the hearing, the type of license involved, and the
nature of the hearing, and the address or location of the property
involved.

 (b) Service. Except as expressly provided, whenever notice by
mail is required, such notice shall be mailed by regular United
States mail at least ten (10) days in advance of the hearing date.
When notice by publication is required, such notice shall be
published in a newspaper of general circulation in the city at
least once, not more than thirty (30), nor less than seven (7) days
before the date of the hearing. Where notice to abutters is
required, all owners or occupants of property within five hundred
(500) feet of such parcel or tract shall be deemed to be abutters,
and service shall be made by ordinary mail at least seven (7) days
before the date of the hearing. In the case of abutters, the owners
and occupants of property listed in the assessor's records on the
last tax date prior thereto, shall be deemed to be the persons to
whom notice is to be given. The Permitting and Inspections
Department shall take reasonable measures to notify renters in
close proximity.

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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-10 Rev. 8-21-2017

 (c) Notice requirements not mandatory. Failure of any person
other than the applicant or licensee to receive a notice of the
public hearing shall not necessitate another hearing and shall not
invalidate any action taken as a result thereof, except as
otherwise expressly provided by law.
(Code 1968, § 901.10; Ord. No. 231-80, 12-2-80; Ord. No. 165-15/16, 3-7-2016;
Ord. 18-17/18, 8-21-2017)

Sec. 15-11. License not to be transferable.

 (a) No license shall be transferred to any person, to any
location, or to any other vehicle or device, and no license fee
shall be refunded if the licensed activity is ceased prior to the
expiration of the license. All purported transfers not in
accordance with this section are void. A license shall be deemed
the subject of an attempted transfer whenever there is a sale of
the business, vehicle or device, or where there is a change in
actual ownership interest. Upon any such event, the licensee shall
immediately surrender the license to the Permitting and Inspections
Department; except that, in the case of death, bankruptcy or
receivership of any licensee, the duly appointed executor or
administrator of the deceased licensee or the duly appointed
trustee or receiver of the bankrupted licensee or licensee
receivership may retain the license and operate under the same for
the benefit of the estate with the written permission and approval
of the Permitting and Inspections Department until such time as
such operation is no longer needed to benefit the estate.
Thereafter, such personal representatives, receivers, or trustees
shall either return the license to the Permitting and Inspections
Department or transfer same to any other person, under order of the
court having jurisdiction and upon written notice to the Permitting
and Inspections Department. In the interim, between the death of
the licensee and the appointment of an executor or administrator,
or in cases where no administration of the estate of a deceased
licensee is contemplated, the widow or widower or person designated
by all of the heirs of the deceased licensee may take over the
license upon written notice to the Permitting and Inspections
Department. Duly appointed and qualified guardians and conservators
of the estate of a licensee may retain the license of their ward
during the term of office upon written notice to the Permitting and
Inspections Department.

 (b) In all cases arising out of this section in which the
Permitting and Inspections Department is required to determine the
identity or composition of or ownership interests in an applicant
or licensee, or to determine whether a transfer of an ownership
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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-11 Rev. 8-21-2017

interest in an applicant or licensee has taken place, he shall look
to the substance rather than the form of transactions and any
person aggrieved may appeal the Permitting and Inspections
Department's determination to the city manager.
(Code 1968, § 901.11; Ord. No. 231-80, 12-22-80; Ord. No. 562-84, § 7, 4-23-84;
Ord. No. 165-15/16, 3-7-2016; Ord. 18-17/18, 8-21-2017 )

Sec. 15-12. Fees and expiration dates.

 (a) Unless specified elsewhere in this Code, fees for
licenses issued pursuant to this Code and the expiration date of
each license shall be as follows:

Location Description Fee Expiration
in Code Date


Ch. 3, Bottle clubs (must
Art. II obtain FSE and $940.00 June 30
 entertainment if
 applicable)

 Brewery, Winery and
 On-Premises
 Consumption Concurrent with
Ch. 3,
 Distillery License $525.00 state liquor
Art. III
 (must obtain FSE license
 and/or entertainment
 if applicable)


 Effective
 Small Brewery, Winery November 1, 2019;
Ch. 3,
 and Distillery $250.00 Concurrent with
Art. III
 Manufacturing License state liquor
 license


 Effective
 Large Brewery, Winery November 1, 2019;
Ch. 3,
 and Distillery $2,000 Concurrent with
Art. III
 Manufacturing License state liquor
 license


 15-13




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Location Description Fee Expiration
in Code Date

 Amusement devices $153.00 for up to 25
Ch. 4, Twelve months or
 (other than adult and all additional
Art. II concurrent with
 amusements), per @ $10.00 per device state liquor
 device
 license or with
 any city license

 Adult amusement $978.00 Twelve months or
 devices, per location concurrent with
 state liquor
 license or with
 any city license


Ch. 4, Entertainment:
Art. III
 Single Entertainment $50 Per event
 Event – Private
 Property
 Single Entertainment $50 Per event
 Event – Public
 Property
 Indoor Entertainment $500 12 months or
 concurrent with
 state liquor
 license or any
 city license
 Outdoor Entertainment $700 12 months or
 concurrent with
 state liquor
 license or any
 city license
 Combined $800 12 months or
 Entertainment concurrent with
 state liquor
 license or any
 city license
 Sound Mitigation $150 Per sound
 Review Fee mitigation plan


 15-14




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Location Description Fee Expiration
in Code Date

 Expanded $100 Per event
 Entertainment
 Addendum
Ch. 4,
Art. IV Gaming:


 Beano $104.00 December 31


 Games of chance
 (application fee
 pursuant to section
 15-6 only)

Ch. 4, Nudity in licensed $1,474.00 June 30
Art. V businesses


Ch. 11, Food service
Art. II establishments (FSE):
 Temporary FSE:

 a. Unopened $93.00 Three months
 prepackaged food
 b. Opened or $93.00 Per event not to
 nonprepackaged food exceed two weeks

 Mobile FSE $322.00 March 31
 (Chapter 19)
 a. pushcarts

 b. Food Trucks $546.00 March 31




 15-15




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Location Description Fee Expiration
in Code Date


 Street vendor cooler $38.00 per 3.5 sq. March 31
 storage space – ft. of space
 maximum of 7 sq. ft.
 FSE-No food $181.00 January 31
 preparation on
 premises
 FSE-With preparation $142230.00 January 31
 limited to hot non-
 alcoholic beverages
 only
 FSE-With beer and $415.00 January 31
 wine take out
 FSE/Commissary - Food $459.00 January 31
 preparation on
 premises
 Marijuana Food $459.00 Concurrent with
 Processing marijuana license
 Establishment
 FSE's with liquor:

 FSE-Class A lounge $2,774.00 Concurrent with
 (Class X) state liquor
 license

 FSE-Class A $1,873.00 Concurrent with
 restaurant (Class I) state liquor
 license

 FSE-Hotel (Class IA)

 FSE-Class A $2,326.00 Concurrent with
 restaurant/lounge state liquor
 (Class XI) license

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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Location Description Fee Expiration
in Code Date


 FSE-Qualified $1,873.00 Concurrent with
 catering service state liquor
 (Class I) license

 Innholder-15 rooms or $1,436.00 Concurrent with
 less state liquor
 license

 Innholder-16 to 40 $1,928.00 Concurrent with
 rooms state liquor
 license

 Innholder-more than $2,239.00 Concurrent with
 40 rooms state liquor
 license
 FSE-Spirituous $611.00 Concurrent with
 license (Class II) state liquor
 license

 FSE-Vinous license $410.00 Concurrent with
 (Class III) state liquor
 license

 FSE-Malt license $824.00 Concurrent with
 (Class IV) state liquor
 license

 FSE-Malt and vinous $906.00 Concurrent with
 license (Classes III state liquor
 and IV combined) license

 FSE-Nonprofit club $737.00 Concurrent with
 (Class IV with state liquor
 catering or Class V license
 without catering)

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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Location Description Fee Expiration
in Code Date


 FSE-Liquor catering $33.00 Per event

 FSE-Temporary (bona $65.00 Per 2-day period
 fide nonprofit
 organization) with
 any spirituous,
 vinous or malt
 license and special
 entertainment

 FSE-Auditorium $584.00 Concurrent with
 State Liquor
 License

 FSE-Civic Auditorium $1,851.00 Concurrent with
 State Liquor
 License

Ch. 12, Operation of 263.00 September 30
Art. VII rendering facilities
Ch. 16 Massage establishment $65.00 September 30

 Combined massage $55.00
 establishment/massage
 therapist
 Massage therapist $38.00

 Conditional massage $38.00
 therapist
Ch. 19, Night Street Vendor
Art. II (must also obtain FSE $218.00
 and street vendor)
Ch. 19, Transient sellers
Art. III $109.00 December 31

Ch. 21 Farmers’ Markets on $26 per vendor March 31
 private property

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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Location Description Fee Expiration
in Code Date


Ch. 23, Flea market seller $22.00 Last day of
Art. II February

 Flea market $55.00 Per day
 Operator $246.00 Annual/March 1st
 Secondhand dealer, $153.00 December 31
 junk dealer,
 pawnbroker1
 (including used cars)
 Junk collector $26.00 December 31

Ch. 28, Wreckers and vehicle $278.00 June 30
Art. IV towing

Ch. 28, Valet Parking $ 2 7 3 . 0 0 p e r Twelve months
Art. VII l o c a t i o n

 Valet Parking Special $64.00
 Event
 Permit
Ch. 28, Licensing of Booting $105.00 October 31
Art. of Motor Vehicles
VIII
Ch. 30, Taxicabs and
Art. II liveries:
 Taxicab business 315.00 April 30
 license
 Livery business 315.00 April 30
 license
 Taxicab driver's 79.00 April 30
 license




1 Reflects city practice for junk dealers and pawnbrokers.
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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Location Description Fee Expiration
in Code Date


 Taxi 11.00
 Replacement license
 Livery driver's 21.00 April 30
 license
 11.00
 Livery replacement
 license

Ch. 30, Horse-drawn cabs 210.00, April 30
Art. III plus 21.00 per
 driver
Ch. 30, Bicycle cabs 105.00, plus 21.00 April 30
Art. IV per driver
Ch.30, Tour companies 315.00, April 30
Art. V plus 32.00 per
 vehicle/operator
 operator
Ch. 35 Marijuana Cultivation 500.00 Twelve
 – Tier 1 months/concurrent
 with state
 license
 Marijuana Cultivation 5,000.00 Twelve
 – Tier 2 months/concurrent
 with state
 license
 Marijuana Cultivation 10,000.00 Twelve
 – Tier 3 months/concurrent
 with state
 license
 Manufacturing – 2,500.00 Twelve
 manual months/concurrent
 with state
 license
 Manufacturing – high 5,000.00 Twelve
 hazard months/concurrent
 with state
 license

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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Location Description Fee Expiration
in Code Date

 Retail Marijuana – 5,000.00 Twelve months
 medical
 Retail Marijuana – 10,000 Twelve
 adult use months/concurrent
 with state
 license
 Small Scale Marijuana 250.00 Twelve months
 Caregiver
 Marijuana Testing 1,000.00 Twelve
 months/concurrent
 with state
 license



 (b) Fees for licenses to be established by the city pursuant
to state law shall be as follows:


Description Fee Expiration
 Date


Amusements, including $22.00 Per day
images; pageantry;
sleight of hand tricks;
puppet shows; feats of
balancing; wire
dancing; personal
agility; or dexterity
Billiards or pool, per $33.00 Twelve months or
table concurrent with state
 liquor license or
 with any city license
Bowling alley, per $92.00 April 30
establishment
Circus $181.00 Per day


 15-21




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-12 Rev. 10-18-2021


Description Fee Expiration
 Date


Circus (bona fide $27.00 Per day
nonprofit organization)
Going-out-of-business $104.00 --
sale
Menageries $22.00 Per day

Motion picture theatres
(other than open-air
drive-in) operating
more than six (6)
months:
Seating capacity 999 or $295.00 June 30
less, per screen
Seating capacity 1,000 $486.00 June 30
or more, per screen
Temporary--One (1) week $33.00 One week
or less
Temporary--More than $49.00 Two months
one (1) week but less
than two (2) months
Temporary--More than $77.00 Six months
two (2) months but less
than six (6) months
Roller skating rink $164.00 June 30


(Code 1968, §§ 302.6, 414.1, 414.5, 712.2, 714.6, 714.7, 901.12; Ord. No. 391-72,
7-5-72; Ord. No. 201-74, 4-17-74; Ord. No. 645a-75, 11-17-75; Ord. No. 231-80,
12-22-80; Ord. No. 553-81, § 1, 3-2-81; Ord. No. 554-81, 3-2-81; Ord. No. 576-81,
§ 2, 3-16-81; Ord. No. 694-81, 5-18-81; Ord. No. 82-81, § 1, 7-6-81; Ord. No.
392-82, 2-1-82; Ord. No. 564-82, 5-17-82; Ord. No. 565-82, 5-17-82; Ord. No.
566-82, 5-17-82; Ord. No. 510-84, § 1, 4-2-84; Ord. No. 591, 5-21-84; Ord. No.
658-84, 5-30-84; Ord. No. 431-85, § 3, 2-20-85; Ord. No. 554-85, 5-14-85; Ord.
No. 212-85, §§ 1, 2, 10-21-85; Ord. No. 116-86, § 1, 3-3-86; Ord. No. 551-86,
5-12-86; Ord. No. 189-87, § 2, 12-7-87; Ord. No. 386-88, 5-16-88; Ord. No.
425-89, 5-15-89; Ord. No. 29-89, 6-19-89; Ord. No. 258-90, 2-21-90; Ord. No.
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Sec. 15-12 Rev. 10-18-2021

351-90, 5-21-90; Ord. No. 264-91, 3-4-91; Ord. No. 358-91, 5-20-91; Ord. No.
183-91, 12-2-91; Ord. No. 175-92, 3-16-92; Ord. No. 245-93, 3-22-93; Ord. No.
83-93, § 1, 9-8-93; Ord. No. 94-93, 9-20-93; Ord. No. 221-94, § 2, 2-23-94; Ord.
No. 314-94, 5-16-94; Ord. No. 229-95, 4-3-95; Ord. No. 34-95, 7-5-95; Ord. No.
264-96, § 1, 5-20-96; Ord. No. 128-98, 10-19-98; Ord. No. 282-99, §2, 5-17-99;
Ord. No. 228-00, §1, 5-15-00; Ord. No. 276-01, 5-21-01; Ord. No. 277-01, 5-21-01;
Ord. No. 119-01/02, § 6, 12-3-01; Ord. No. 258-01/02, 5-20-02; Ord. No. 260-
01/02, 5-20-02; Ord. No. 246-02/03, 5-19-03; Ord. No. 248-02/03, 5-19-03; Ord.
No. 180-03/04, 4-7-04; Ord. No.217-03/04, 5-17-04; Ord. No. 68-04/05, 10-4-04;
Ord. No. 247-04/05, 5-16-05; Ord. No. 245-05/06, 5-15-06; Ord. No. 227-06/07, 5-
21-07; Ord. No. 196-07/08, 4-28-08; Ord. No. 246, 07-08, 5-19-08; Ord. No. 224-
09/10, 5-17-10; Ord. No.229-12/13, 5-20-13; Ord. No. 159-12/13, 4-22-13; Ord. 52-
14/15, 9-15-2014; )Ord. 246-14/15, 6-24-2015; Ord. 109-15/16, 11-16-2015; Ord.
181-15/16, 3-21-2016; Ord. 180-15/16, 3-21-2016; Ord. 18-17/18, 8-21-2017; Ord.
No. 111-17/18, 11-20-2017; Ord. No. 218-17/18, 5-21-2018; Ord. No. 244, 5-20-
2019; Ord. No. 285-19/20, 7-15-2019; Ord. No. 25-19/20, 8-12-2019; Ord. No. 166-
19/20, 5-18-2020; Ord. No. 152-19/20, 10-5-2020; Ord. No. 74-21/22, on 10-18-
2021, retroactive to 9/13/2021)

Sec. 15-12.1. Waiver of fees.

 The city council may, in its discretion, waive or reduce any
fee required of any nonprofit organization where the council
determines that the purpose of the licensed activity or the funds
to be raised by the activity are of direct benefit to the citizens
of the city. Additionally, the Permitting and Inspections
Department may waive or reduce the fee required of the nonprofit
organization for a temporary food service establishment license
when the organization demonstrates that it will retain 100 percent
of the proceeds of the temporary sale of food.
(Ord. No. 527-82, 5-3-82; Ord. No.230-12/13, 5-20-13; Ord. No. 165-15/16, 3-7-
2016; Ord. 18-17/18, 8-21-2017)

 Editor's note--Ord. No. 527-82, adopted May 3, 1982, added a new § 901.12A
to the 1968 Code, which provisions, at the discretion of the editor, have been
codified as § 15-12.1 of this Code.

Sec. 15-13. Supplementation of applications.

 Whenever a license is in effect, the licensee shall be
responsible for notifying the Permitting and Inspections Department
in writing of any material change in facts set forth in the
application for any license held from the city within seven (7)
days thereafter. Failure to comply with this requirement shall be a
violation of this chapter.
(Code 1968, § 901.13; Ord. No. 231-80, 12-22-80; Ord. No. 165-15/16, 3-7-2016;
Ord. 18-17/18, 8-21-2017)

Sec. 15-14. Violations.

 15-23




 Page 65
City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-14 Rev. 12-22-1980

 In addition to any action which may be taken by the Permitting
and Inspections Department or the city council with respect to the
suspension or revocation of a license:

 (a) Violation of this chapter, or of any licensing provisions
of the city governed by this chapter, or of any rule made pursuant
thereto shall be a civil violation subject to the penalties of
section 1-15; and

 (b) The Permitting and Inspections Department is authorized
to institute, or cause to be instituted by the corporation counsel,
in the name of the city, any and all actions, legal or equitable,
that may be appropriate or necessary for the enforcement of the
provisions of this article.
(Code 1968, § 901.14; Ord. No. 231-80, 12-22-80; Ord. No. 165-15/16, 3-7-2016;
Ord. 18-17/18, 8-21-2017)


Sec. 15-14.5. Inspections.

 (a) A licensee must allow any city official who is on duty
access to the licensed premises at the same times and in the same
manner as access is allowed to the public except that no entry fee
may be charged.

 (b) A licensee must also allow access to the licensed
premises to any city official authorized to determine compliance
with federal, state or city law at any reasonable time, including
any time that access is allowed to the public.

 (c) A violation of this section is grounds for license
nonrenewal, suspension, or revocation, in addition to any other
penalties authorized by this Code.
(Ord. No. 27-96, 7-15-96)

 Editor's note--Ord. No. 27-96, passed Jul. 15, 1996, amended this Code by
adding provisions to be included as § 15-15. Such provisions have been
redesignated as § 15-14.5 at the discretion of the editor, inasmuch as other
provisions were previously codified as § 15-15.

 ARTICLE II. RESERVED*


----------
 *Editor's note--Ord. No. 129-98, adopted Oct. 19, 1998, repealed Art.
II, Divs. 1 and 2, §§ 15-15--15-20, relative to moratorium on liquor licenses,
which derived from Ord. No. 325-92, §§ 1--3, adopted Apr. 23, 1992; Ord. No.
116-92, adopted Oct. 5, 1992; Ord. No. 103-95, adopted Nov. 6, 1995; and Ord.
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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-14 Rev. 12-22-1980

No. 222-96, adopted May 6, 1996.
----------

Sec. 15-15. Reserved.
Sec. 15-16. Reserved.
Sec. 15-17. Reserved.
Sec. 15-18. Reserved.
Sec. 15-19. Reserved.
Sec. 15-20. Reserved.

 ARTICLE III. STATE LIQUOR LICENSES AND SPECIAL ENTERTAINMENT
 LICENSES

 DIVISION 1. RENEWALS.

Sec. 15-21. Renewal hearings for state liquor licenses or name
changes.

 The City License Administrator is authorized to approve the
renewal of State liquor licenses, name changes, or any changes in
license classification other than a change allowing the sale of
spirituous alcohol, without holding a hearing, unless the License
Administrator determines that hearing is necessary, or has
received a request from a member of the City Council or a City
official for a hearing on a specific application. Hearings shall
be held by the City Council.
 (Ord. No. 146-96, 1-17-96; Ord. No. 98-03/04, 11-17-03 ; Ord. No. 285-19/20,
7-15-2019)

Sec. 15-22. Reserved.
Sec. 15-23. Reserved.
Sec. 15-24. Reserved.
Sec. 15-25. Reserved.
Sec. 15-26. Reserved.
Sec. 15-27. Reserved.
Sec. 15-28. Reserved.
Sec. 15-29. Reserved.
Sec. 15-30. Reserved.

---------
 *Editor’s note- Pursuant to Council Order 81-09/10, passed on October
19, 2009 repealed Article IV in its entirety and was replaced with Division 2
(Site restriction) and Division 3 (Training requirements).
---------



 15-25




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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-21 Rev. 11-17-2003

 DIVISION 2. SITE RESTRICTION.

Sec. 15-31. Site restrictions.

 The City License Examiner shall not accept an application
for a State liquor license of any type for a business that will
be located on premises that are the same, or substantially the
same, as premises that held a business for which a liquor license
of any type was not renewed, for a period of one hundred and
eighty (180) days following the later of the date of the non-
renewal, or the date of a final decision in any appeal of the
non-renewal. Any premises containing some but not all of the
original premises shall be considered substantially the same as
the original premises.
(Ord. No. 152-03/04, 2-23-04; Ord. No. 81-09/10, 10-19-09)

Sec. 15-32. Reserved.
Sec. 15-33. Reserved.
Sec. 15-34. Reserved.
Sec. 15-35. Reserved.
Sec. 15-36. Reserved.
Sec. 15-37. Reserved.
Sec. 15-38. Reserved.
Sec. 15-39. Reserved.
Sec. 15-40. Reserved.

 DIVISION 3. TRAINING REQUIREMENTS

Sec. 15-41. Training requirements for individuals who serve
alcohol.

 Individuals who serve alcoholic beverages pursuant to a
liquor license that allows the service of alcohol for consumption
on the premises must complete a server training program certified
by the state bureau of liquor enforcement no later than September
1, 2010, or within ninety (90) days of the commencement of his or
her employment with a licensee if said employment begins within
ninety (90) days of September 1, 2010 or thereafter.
(Ord. No. 81-09/10, 10-19-09)

Sec. 15-42. Record keeping.

 Liquor licensees whose license allows the service of alcohol
for consumption on the premises shall maintain on the licensed
premises, or in the case of a caterer at the principle place of
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City of Portland Licenses and Permits
Code of Ordinances Chapter 15
Sec. 15-41 Rev. 10-19-2009

business, written records of the server training programs
completed by individuals who serve alcohol and shall produce
those records upon request by the city license administrator, a
member of the Portland police department, or an agent of the
state bureau of liquor enforcement.
(Ord. No. 81-09/10, 10-19-09)

Sec. 15-43. Failure to meet training requirements.

 Failure to meet the training requirement imposed by section
15-41 may result in the denial of a liquor license pursuant to
28-A M.R.S.A. §653(2)(G).
(Ord. NO. 81-09/10, 10-19-09)




 15-27




 Page 69
City of Portland | Housing and Economic Development
Department
Greg Watson, Housing and Economic Development Director



To: Health-Human Services and Public Safety Committee
Councilor Anna Bullett, Chair



MEETING DATE
April 10, 2025

AGENDA ITEM
Agenda Item 4 - Staff Recommendations for a City-funded Childcare Voucher Collaborative
Program.

PURPOSE
At the request of the HHS & PS Committee, staff are presenting potential City-funded Childcare
Voucher Collaborative Programs for consideration and discussion.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
This item aligns with the Childcare priority included in the Committee’s 2025 workplan.


BACKGROUND/ANALYSIS

At its March 11, 2025 meeting the Health and Human Services/Public Safety Committee,
discussed the state of childcare. Based on the Committee’s discussion during the meeting,
staff was asked to prepare information on a Child Care Voucher Program potentially funded by
the City in the FY2026 budget.

The Portland Childcare Scholarship Collaborative is an existing program that provides
scholarships to low-income families to help with the costs of childcare while they are
temporarily ineligible for the State of Maine’s Child Care Affordability Program (CCAP) while
they look for employment or enroll in school, however, this program currently has a waitlist
due to increased need and recent changes in income eligibility. These scholarships help
families retain or gain access to childcare while they wait for vouchers from the State, as losing
a spot often places them on lengthy waitlists, creating further hurdles.

Currently, the Portland Childcare Scholarship Collaborative consists of four participating child
care centers; Youth and Family Outreach, Catherine Morrill Day Nursery, St. Elizabeth’s Child
Development Center, and Portland Head Start. The Collaborative has served an estimated 845
Portland families since July of 2010. In 2024, the Collaborative received $160,000 in American
Rescue Plan Act funds. Since July 2024, a total of $53,600 has been expended, averaging $6,500
a month in program expenses. Youth and Family Outreach, the agency currently managing the
Collaborative, has expressed a willingness to expand the Collaborative to include additional
providers.



 1

 Page 70
Since Fiscal Year 2002, childcare initiatives in Portland have received CDBG funding totaling
$2.3 million. The uncertainty of federal funding year to year and an increasingly competitive
process for CDBG funding puts this program at risk.

Based on information provided by Starting Strong, the current maximum market rate for
infants through school-age childcare averages $317 per week, utilizing rates set by the Maine
Department of Health and Human Services, the State agency that oversees the CCAP. Starting
Strong is an organization that works with community partners to advocate for early childhood
education in Portland. Based on this average, $200,000 would provide an estimated 630 weeks
of childcare for families in need, $100,000 would provide an estimated 315 weeks of childcare,
and remaining at the current level of funding, would provide 252 weeks.

FISCAL IMPACT
The State may change the maximum reimbursement rates, thus affecting the potential number
of weeks of childcare that level funding could provide year to year. At this time, we do not
anticipate additional staff costs, however that could change. A fiscal impact statement is
attached.

CONCLUSION(S)
Funding the expansion of the Childcare Voucher Collaborative Program will increase access to
quality, affordable childcare and provide support to families while they seek gainful
employment, an education, or to remain employed.

PRIOR COMMITTEE REVIEW
Health and Human Services & Public Safety Committee - March 11, 2025

PREPARED BY

Greg Watson
Director
Housing and Economic Development Department


ATTACHMENTS

Attachment A - Fiscal Impact Statement
Attachment B - Starting Strong Policy Recommendations
Attachment C - Maine Department of Health and Human Services Child Care Market Rates July 6,
2024
Attachment D - CCAP Income Eligibility Guidelines




 2

 Page 71
 Attachment A
 Formula for New Program Cost on Tax Rate

 1) FY25 Valuation: (15,145,000,000) $15,145,000)


 2) FY25 Tax Rate (Total City & School): Levy / (Valuation/1000) $15.01)
 (a) FY25 Tax Rate (City): $6.57)
 (b) FY25 Tax Rate (County): $0.56)
 (c) FY25 Tax Rate (School): $7.88)

 3) FY25 Value of $0.01 of Tax Rate (Total City & School): $151,450)

 Note: FY26 Tax Rate is not available, so FY25 figures must be utilized.


 FISCAL IMPACT NOTE 2025 2026 2027
 City / Sch City / Sch City / Sch
 New Program Cost Data: $200,000 City Rate Combined City Rate Combined City Rate Combined
 Rate Rate Rate
 Example:
 ADD: NEW ITEM ANNUAL EXPENDUTURES $200,000) $200,000) $200,000)
 LESS: TOTAL NEW ITEM ANNUAL REVENUES $0) $0) $0)
 =NEW ITEM NET TAX RATE IMPACT PROJECTION $200,000) $200,000) $200,000) $200,000) $200,000) $200,000)

 New Program Impact to the Tax Rate $0.0132) $0.0132) $0.0132) $0.0132) $0.0132) $0.0132)
 New Program % Impact on Tax Rate 0.2010% 0.0880% 0.2010% 0.0880% 0.2010% 0.0880%
 Tax Rate Inlcuding New Program $15.02) $15.02) $15.02) $15.02) $15.02) $15.02)



 FISCAL IMPACT NOTE 2025 2026 2027
 City / Sch City / Sch City / Sch
 New Program Cost Data: $100,000 City Rate Combined City Rate Combined City Rate Combined
 Rate Rate Rate
 Example:
 ADD: NEW ITEM ANNUAL EXPENDUTURES $100,000) $100,000) $100,000)
 LESS: TOTAL NEW ITEM ANNUAL REVENUES $0) $0) $0)
 =NEW ITEM NET TAX RATE IMPACT PROJECTION $100,000) $100,000) $100,000) $100,000) $100,000) $100,000)

 New Program Impact to the Tax Rate $0.0066) $0.0066) $0.0066) $0.0066) $0.0066) $0.0066)
 New Program % Impact on Tax Rate 0.1005% 0.0440% 0.1005% 0.0440% 0.1005% 0.0440%
 Tax Rate Inlcuding New Program $15.02) $15.02) $15.02) $15.02) $15.02) $15.02)


 3
Prepared: 04/04/2025 Childcare Fiscal Impact Note
 Page 72
 Attachment A


 FISCAL IMPACT NOTE 2025 2026 2027
 City / Sch City / Sch City / Sch
 New Program Cost Data: $80,000 City Rate Combined City Rate Combined City Rate Combined
 Rate Rate Rate
 Example:
 ADD: NEW ITEM ANNUAL EXPENDUTURES $80,000) $80,000) $80,000)
 LESS: TOTAL NEW ITEM ANNUAL REVENUES $0) $0) $0)
 =NEW ITEM NET TAX RATE IMPACT PROJECTION $80,000) $80,000) $80,000) $80,000) $80,000) $80,000)

 New Program Impact to the Tax Rate $0.0053) $0.0053) $0.0053) $0.0053) $0.0053) $0.0053)
 New Program % Impact on Tax Rate 0.0804% 0.0352% 0.0804% 0.0352% 0.0804% 0.0352%
 Tax Rate Inlcuding New Program $15.02) $15.02) $15.02) $15.02) $15.02) $15.02)




 4
Prepared: 04/04/2025 Childcare Fiscal Impact Note
 Page 73
 Attachment B


 Policy Recommendations for the City of Portland -
 Improving Access to Quality Child Care
 February 11, 2025



Develop a child care scholarship program

A child care scholarship program supports families access to child care by offering financial assistance. When
parents and caregivers have access to affordable child care, they are more likely to remain employed -
contributing to a stable workforce which in turn boosts the local economy. A city with robust childcare
opportunities and support is more attractive to businesses. Providing child care assistance can help bridge the
gap for lower income families and contributes significantly to a child’s early development, and better educational
outcomes later in life.

The following is an abbreviated version of a process outlined in “Let’s Grow Kids Community Child Care Scholarship
Handbook”


 Phase 1: Research and Community Engagement

 Conduct a Community Needs Assessment
 A community needs assessment for child care involves evaluating the demand and supply of services,
 including whether the current supply meets the needs across different age groups and neighborhoods.
 Affordability is another key factor, examining the cost of high-quality child care, existing funding sources,
 and who may be excluded from access. Barriers to expanding and accessing quality care, including
 affordability and funding limitations, are explored to understand the challenges in meeting needs.

 Establish a Scholarship Design Committee
 Establishing a scholarship design committee ensures the program has broad community support and is
 informed by the needs of key stakeholders. The committee should represent important sectors of the
 community including health care, public education, early childhood education, parents, business, and
 local government. It is also important to engage individuals with expertise in evaluation to ensure
 appropriate inclusion of evaluation of impact in the program design.

 Phase 2: Design Scholarship Program

 Establish guiding principles, target populations, scholarship eligibility, program costs and financing, and
 delivery model. Potential program designs include direct support to families and/or contracting with
 child care providers.

 Phase 3: Pilot Implementation

 Implementing a scholarship program requires a pilot phase to test all aspects of the program. A one-year
 pilot will allow the opportunity to examine and refine the design, and determine any changes needed to


 5

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 Attachment B

 bring the program to scale. Specifically, the pilot year will allow for testing the delivery model, the
 program partnerships, the family experience, and the enrollment and payment processes. The evaluation
 plan developed in the design phase will provide guidance for collecting stakeholder input and design
 revisions, as well as being one basis for making iterations to the model before implementing beyond a
 pilot phase.

 Phase 4: Evaluation and Continuous Improvement

 During the program design phase, the advisory committee should create an evaluation plan for the
 scholarship program. Focusing on evaluation from the beginning of the project helps establish a culture
 of continuous improvement for the scholarship program and ensure that data guides every step of the
 program design and implementation. The evaluation will yield results that could continue to inform and
 improve the scholarship program while also setting the stage for a larger and longer-term impact
 evaluation.

Develop a salary supplement program for early childhood educators

A childcare employee salary supplement supports employees by offering financial assistance. Salary supplement
programs have been shown to increase employee retention and attract more qualified new teachers.

 Phase 1: Program Planning & Design

 Identify the program's objectives - this includes determining the specific purpose of the stipend. The
 next step is to define the eligibility criteria. This involves establishing who qualifies for the stipend,
 whether it’s based on factors such as tenure, full-time status, or financial need, and setting clear
 guidelines for eligibility. Additionally, the stipend structure must be determined, including how much the
 stipend will be, how often it will be awarded, and whether it will be a fixed sum or tiered based on need.

 Phase 2: Funding & Application Process

 The second phase focuses on securing funding and developing the application process. It’s important to
 identify the program’s funding source, which could come from the city’s budget, external partnerships,
 or other financial resources. Ensuring long-term sustainability is key to the program's success.
 Additionally, decisions need to be made about whether childcare workers will need to apply for the
 stipend and how the review process will work.

 Phase 3: Communication & Pilot Implementation

 Clear communication is critical for the success of the program. In this phase, the stipend program should
 be communicated including details on eligibility, the application process, and important deadlines. It's
 essential to ensure that all potential applicants understand the program’s purpose, how to apply, and
 what they need to do to qualify.

 Phase 4: Monitoring, Evaluation & Continuous Improvement




 6

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 Attachment B

 Once the program is launched, it’s important to monitor its impact and effectiveness. This involves
 tracking the stipend’s results, collecting feedback from recipients, and making necessary adjustments to
 improve the program. Evaluation will help ensure that the program continues to meet the needs of the
 childcare workforce and align with organizational goals. Adapting the program over time will help
 address evolving employee needs and keep the program relevant.


Additional no-cost/low-cost opportunities to further support access to child care

Eliminate or minimize barriers to opening new child care businesses in the city:
 ○ Update this step-by-step guide (located here) to opening family-based child care businesses; identify and
 address potential barriers. Orient existing business assistance and microenterprise services to address
 the unique needs of child care businesses.
 ○ Make operating a family-/home-based child care permitted as-of-right in all zones (including zones
 where it is currently conditional).
 ○ Connect the City’s business assistance and microenterprise programs with the Child Care Incubator run
 by Portland ConnectED/Starting Strong, United Way of Southern Maine, Coastal Enterprises, Inc., and
 Southern Maine Workforce Initiative. This will leverage existing resources to support more entrepreneurs
 to open child care businesses in Portland.
 ○ Identify any city-owned spaces that might be available to locate a child care business.

Use existing contact points with low-to-moderate income families to inform and support families in applying for
the state Child Care Affordability Program.

Expand Portland Recreation Before & After the Bell Program to include Pre-Kindergarten students (self-funding).

Ensure future comprehensive plans address child care as key economic infrastructure.



City of Portland’s past efforts to improve access to child care
 ● Portland Growing Child Care Grants for start-up or expansion of child care businesses, funded with ARPA
 dollars, expiring end of year
 ● Community Development Block Grants: Childcare vouchers identified as “High Priority” under Economic
 Opportunity goal. (Most recent funding: Childcare Voucher Collaborative, $81,295 in 2023-24, no
 funding 2024-25)
 ● Office of Economic Opportunity created this resource to help families navigate finding child care.


For more information, please contact Katie Soucy, Director, Starting Strong ksoucy@portlandconnected.org




 7

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 Attachment C

 Maine Department of Health and Human Services Child Care Market Rates July 6, 2024
 Licensed Child Care Center Maximum Rate Licensed Family Child Care Maximum Rate Licensed-Exempt Child Care Maximum Rate
COUNTY Full Time Time Quarter Time Full Time Time Time Quarter Time Full Time Time Time Time
Androscoggin
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Aroostook
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Cumberland
Infants $330.00 $247.50 $165.00 $82.50 $245.00 $183.75 $122.50 $61.25 $171.50 $128.63 $85.75 $42.88
Toddlers $320.00 $240.00 $160.00 $80.00 $230.77 $173.08 $115.38 $57.69 $161.54 $121.15 $80.77 $40.38
Preschool $300.00 $225.00 $150.00 $75.00 $225.00 $168.75 $112.50 $56.25 $157.50 $118.13 $78.75 $39.38
School Age $214.00 $160.50 $107.00 $53.50 $175.00 $131.25 $87.50 $43.75 $122.50 $91.88 $61.25 $30.63
Franklin
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Hancock
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Kennebec
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $267.00 $200.25 $133.50 $66.75 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75




 8

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 Attachment C

 Licensed Child Care Center Maximum Rate Licensed Family Child Care Maximum Rate Licensed-Exempt Child Care Maximum Rate
COUNTY
 Full Time Part Time Half Time Quarter Time Full Time Part Time Half Time Quarter Time Full Time Part Time Half Time Quarter Time
Knox
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $220.00 $165.00 $110.00 $55.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Lincoln
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Oxford
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Penobscot
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $200.00 $150.00 $100.00 $50.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Piscataquis
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Sagadahoc
Infants $330.00 $247.50 $165.00 $82.50 $245.00 $183.75 $122.50 $61.25 $171.50 $128.63 $85.75 $42.88
Toddlers $320.00 $240.00 $160.00 $80.00 $230.77 $173.08 $115.38 $57.69 $161.54 $121.15 $80.77 $40.38
Preschool $300.00 $225.00 $150.00 $75.00 $225.00 $168.75 $112.50 $56.25 $157.50 $118.13 $78.75 $39.38
School Age $214.00 $160.50 $107.00 $53.50 $175.00 $131.25 $87.50 $43.75 $122.50 $91.88 $61.25 $30.63




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 Attachment C

 Licensed Child Care Center Maximum Rate Licensed Family Child Care Maximum Rate Licensed-Exempt Child Care Maximum Rate
COUNTY
 Full Time Part Time Time Quarter Time Full Time Part Time Time Time Full Time Part Time Time Quarter Time
Somerset
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Waldo
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $220.00 $165.00 $110.00 $55.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
Washington
Infants $275.00 $206.25 $137.50 $68.75 $210.00 $157.50 $105.00 $52.50 $147.00 $110.25 $73.50 $36.75
Toddlers $250.00 $187.50 $125.00 $62.50 $200.00 $150.00 $100.00 $50.00 $140.00 $105.00 $70.00 $35.00
Preschool $244.00 $183.00 $122.00 $61.00 $190.00 $142.50 $95.00 $47.50 $133.00 $99.75 $66.50 $33.25
School Age $180.00 $135.00 $90.00 $45.00 $170.00 $127.50 $85.00 $42.50 $119.00 $89.25 $59.50 $29.75
York
Infants $330.00 $247.50 $165.00 $82.50 $245.00 $183.75 $122.50 $61.25 $171.50 $128.63 $85.75 $42.88
Toddlers $320.00 $240.00 $160.00 $80.00 $230.77 $173.08 $115.38 $57.69 $161.54 $121.15 $80.77 $40.38
Preschool $300.00 $225.00 $150.00 $75.00 $225.00 $168.75 $112.50 $56.25 $157.50 $118.13 $78.75 $39.38
School Age $214.00 $160.50 $107.00 $53.50 $175.00 $131.25 $87.50 $43.75 $122.50 $91.88 $61.25 $30.63

 Full Time Part Time Half Time Quarter Time
Infant
Toddler 30+ hours per 20-29 hours 10-19 hours 1-9 hours per Infant means a child six (6) weeks through twelve (12) months of age
 per week per week week Toddler means a child thirteen (13) months through thirty-six (36) months of age
Preschool week
 Preschooler is a child more than thirty-six (36) months of age but not yet enrolled in
 Kindergarten School age is a child enrolled in kindergarten or higher
School 30+ hours per 11-29 hours 6-10 hours per 1-5 hours per
Age week per week week week




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 Attachment D
INCOME ELIGIBLITY CRITERIA (125% SMI)

Individuals eligible for child care subsidy from the Department of Health and Human Services, Child Care
Affordability Program must comply with income eligibility criteria below.

 Funds State Funds (SPSS)
 Fund for a Healthy Maine (FHM)
 Child Care Development Funds (CCDF)
 Temporary Assistance to Needy Families (TANF)

 Income All families must meet income guidelines of gross family income at or below 125%
 Eligibility of Maine’s State Median Income.
 Fee Fees are assessed to all families.
 Assessment



 Effective 07/01/2024

 ANNUAL MONTHLY INCOME WEEKLY INCOME
 FAMILY SIZE (ANNUAL/12) (ANNUAL/52)
 INCOME

 1 $68,067.35 $5,672.28 $1,308.99
 2 $89,011.15 $7,417.60 $1,711.75
 3 $109,954.95 $9,162.91 $2,114.52
 4 $130,898.75 $10,908.23 $2,517.28
 5 $151,842.55 $12,653.55 $2,920.05
 6 $172,786.35 $14,398.86 $3,322.81
 7 $176,713.31 $14,726.11 $3,398.33
 8 $180,640.27 $15,053.36 $3,473.85
 9 $184,567.23 $15,380.60 $3,549.37
 10 $188,494.20 $15,707.85 $3,624.89



Add 3% for additional family members. For families with more than one child in care, the youngest
child is always considered the first child enrolled. The total amount of assessed fees to a family shall
not exceed 10% of the family’s gross income for all of their children.

Weekly fee assessments must be rounded down to the nearest dollar. All assessed parent fees shall be
paid directly to the caregiver by the parent.

SMI DATA: LIHEAP IM 2022-04 State Median Income Estimates for Optional Use in FFY 2022 and Mandatory Use in
FFY 2023 | The Administration for Children and Families (hhs.gov)




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City of Portland | Fire Department
Caity Hager, Emergency Management Coordinator




To: Health and Human Services & Public Safety Committee
Councilor Anna Bullett, Chair




MEETING DATE
April 10, 2025

AGENDA ITEM
Agenda Item #5 - Warming and Cooling Shelter Planning

PURPOSE
Review options to improve reliable access to warming and cooling centers for vulnerable
populations.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
At the February 11, 2025 HHS&PS meeting, the Committee set Discussion of 2024-2025 Warming
& Cooling Shelter Planning as the number one priority on the work plan and requested a
presentation on options to manage cooling and warming centers for the April meeting.

Council Goal #2: The Council will work to implement solutions to the housing crisis, including
building more working class housing, improved support for the unhoused community such as an
overdose prevention center as well as continued support for warming shelters. Additionally
conduct independent assessment of Efficiencies, Outcomes and Expenditures.

BACKGROUND
The City of Portland is providing shelter to over 560 individuals on a nightly basis and has some
staff time dedicated to coordinating warming/cooling centers. There is a greater need for
improvements to warming center planning than cooling center planning in Portland based on
our current climate and resources. Many communities that have overnight warming shelters or
stations are open nightly during the coldest months, while Portland’s is activated based on a
temperature or snow threshold. City staff and partners have sought to have a warming shelter
that was open more often but have been unable to identify an appropriate location and funding
for our needs.

The information below provides an overview of the City’s current model on warming/cooling
centers followed by research from peer cities and options for how this program could evolve.

Description of Current Model




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City of Portland staff work closely with community partners to facilitate privately-operated
warming shelters and apply for state funding available through Maine State Housing Authority
(MSHA). Once a community partner has secured funding, the City’s Emergency Management
Coordinator (EMC) works with them to establish activation triggers and update the Winter
Warming Plan. The EMC and Social Services Director coordinate with other local partners that
provide services to the unhoused community to open their spaces for warmth during the day
when the plan is activated. The EMC maintains a robust email distribution list of stakeholders,
monitors the weather, activates the Winter Warming Plan, and notifies stakeholders when the
plan is activated.

An overnight warming shelter at First Parish has been funded by MSHA for the past two winters
and was operated by a different organization each season. In the winter of 2023-2024, the
activation trigger for the warming shelter was a daily high apparent temperature of 20°F or snow
accumulation of more than 10 inches and the warming shelter opened on 17 nights. In an effort to
have the warming shelter open more often, in the winter of 2024-2025 the temperature trigger
was changed to a daily low of 15°F and the warming shelter opened on 34 nights.

The EMC monitors the weather and works with the Portland Public Library to activate the main
library as a cooling center when the National Weather Service (NWS) issues a Heat Advisory1.
When the NWS issues an Excessive Heat Warning2 and the Portland Public Library is not
available, the EMC activates available City facilities (ex: Trobh Ice Arena, Community Centers) and
staff. This trigger has been in place since the summer of 2023 when the cooling center was
activated two times, in 2024 it was activated five times.

Analysis of Current Model
Plan triggers have been aligned with the timing of the impacts of extreme temperatures. The
warming plan trigger is based on the low temperature, ensuring that overnight sheltering aligns
with the coldest time of day. Meanwhile, the cooling plan is guided by the NWS Heat Advisory
which occurs during the day, and the Excessive Heat Warning which considers the impacts of a
heat wave.

The City of Portland is more impacted by extreme cold weather than extreme warm weather.
There are fewer resources available for the unsheltered community to keep warm during extreme
cold, especially overnight when temperatures are lowest. Staff feel that the cooling center needs
are being met by the current plan in addition to the availability of the 24/7 operations at the
Homeless Services Center.

MSHA released a Notice of Funding Opportunity for warming shelter operations for winter
2024-2025 and there were no applicants in Cumberland County. With no warming shelter options
planned in Portland, Commonspace and First Parish collaborated for Commonspace to operate
the warming shelter at First Parish and secured funding from MSHA. First Parish has not offered


1
 Heat index of approximately 95°F or higher that lasts 2 hours or longer.
2
 Heat index is expected to reach 105°F or greater lasting for 2 hours or more and/or when there is a heat
wave where nighttime temperatures do not go below 75 F or less.


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their space beyond this winter. Commonspace provided a memo update for the January
Committee meeting that describes the successes and challenges of operating a warming shelter
in this space (Attachment A). The overnight warming shelter is low-barrier and serves an
unsheltered population impacted by substance use disorder. Professional, trained, staff are
needed to operate a safe and welcoming warming shelter.

According to that memo, Commonspace concludes that First Parish is not an ideal space or
location for a warming shelter. The size of the space does not meet the needs of the number of
people that need the warming shelter, the bathrooms are not outfitted in any manner to promote
safety in the form of overdose awareness and response, and its proximity to Portland High School
requires additional staff effort and the support of the Portland Police and Public Works
departments. The limitations with this location need to be applied to any space we contemplate
for overnight warming shelter and this is the only location the City and partners have identified
as a location for an overnight warming shelter. Experience from operating low-barrier shelters is
that the space should be on one floor, have clear lines of sight, and have bathrooms appropriate
for overdose response.

Research and Peer Review
To facilitate the Committee’s discussion, staff researched warming shelter solutions cities similar
to Portland utilize and the feasibility of solutions in our local context, including a 1.0 FTE staff
position responsible for coordinating such shelter. Challenges faced by all possible solutions
include the lack of appropriate physical space or location, a lack of appropriate facility operations
staff that can be unpredictably mobilized, and funding.

Using the the League of Women Voters of Maine’s 2021 analysis as a foundation, we looked at the
following cities similar in population and size relative to the rest of their states and with a similar
climate to Portland: Burlington, VT; Charlston, WV; Grand Island, NE; Cheyenne, WY; Idaho Falls,
ID; Missoula, MT; Bismarck, ND; Rapid City, SD3. We also looked at New England municipalities
with a similar population size to Portland: Meriden, CT; Norwalk, CT; Nashua, NH; Conford, NH;
and Plymouth, MA as well as Lewiston, Augusta, and Bangor, ME.

Based on this research, staff are highlighting the following facts and themes:

 ●​ About half of the cities outside of New England do not have overnight warming shelters.

 ●​ Of the cities that do have warming shelters, the majority of the warming shelters are open
 nightly on a seasonal basis and are operated by private non-profit organizations.

 ●​ Many are located in churches or in overflow areas at existing homeless shelters or day
 spaces while others are in recently vacant buildings (ex. old school building, GSA
 disposition).




3
 League of Women Voters of Maine, “Identifying Cities Comparable to Portland, Maine,” www.lwvme.org,
November, 2021, February 10, 2025. https://www.lwvme.org/sites/default/files/web/ComparableCities_0.pdf.


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 ●​ The majority of these shelters are privately or state grant funded. Some municipalities
 have provided funding for warming shelters in the past, most using pandemic-era
 funding that is not available after 2025.

 ●​ Municipal coordination of privately operated warming shelters appears to be more
 common in New England than in other parts of the country.

 ●​ It did not appear that any of the municipalities researched have full-time staff dedicated to
 coordinating emergency warming / cooling centers year round.

 ●​ Nashua, NH is the only municipality that directly operates an overnight warming location
 - a “warming station” which has chairs and snacks but no beds or meals.

 ●​ Portland stands out as the only municipality researched that operates its own homeless
 shelter; many communities have limited year-round shelter capacity that increases the
 need for sheltering in the colder months.


Options for Enhancing Portland’s Warming Plan

 1.​ Continue with Current Approach

 2.​ Dedicated Coordinator - At the committee’s request, staff considered supplementing the
 current approach with additional staff time (up to 1 FTE) dedicated to the coordination of
 warming/cooling centers. Staff considered this option and determined that the workload
 associated with the current approach is being effectively handled within existing staff
 resources which include the EMC, Social Services Director, and support staff. Because the
 major constraints to expanding warming center operations relate to the availability of
 willing and qualified non-profit operators, appropriate facility space, and funding, the
 value of additional staff is not clear. It is not likely that additional staff would have more
 success in recruiting and coordinating partners.​

 a.​ Estimated Fiscal Impact: Adding a 1.0 FTE Program Coordinator would cost
 approximately $100,000 for the first year including salary, fringe benefits,
 computer, and supplies.

 3.​ Stand up Single Site Open Nightly During Winter - Identify space for a seasonal warming
 shelter that is open every night during the winter months. City staff and partners have
 reached out to organizations to identify space for a warming shelter in the past and have
 not found a suitable or low-cost space. Zoning requirements also limit options to certain
 areas of the City where a warming shelter could operate on a nightly basis. There could be
 locations that could be appropriate for warming shelters but they would require
 significant funding and/or regional partnership. If a space was identified, operating staff
 would still be required.​

 a.​ Estimated Fiscal Impact: Using Commonspace’s proposed budget for 30 nights of
 operating a winter warming shelter, it is estimated that a seasonal warming



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 shelter budget for staff, utilities, supplies and very low rent would cost at least
 $560,000 for 120 nights of operation. It is likely that the costs to lease or acquire a
 different building would be significantly higher.

 4.​ Facilitate Multiple Small Sites Open at Certain Temperature Thresholds - Pivot
 coordination efforts to see if additional partners are willing to operate small capacity
 warming shelters in their buildings. This model is used in some of the municipalities
 researched, but may not work in Portland. Given the challenges of the existing model
 (available locations, willing partners, and staffing constraints), staff believe this would be
 more challenging to operationalize.

 a.​ Estimated Fiscal Impact: The cost of operating multiple small warming shelters is
 dependent on the number and size of each. Activities beyond the scope and
 available funding from MSHA would require another funding source. MSHA has
 provided approximately $231,000 in grant funding for 30 nights of warming
 shelter operations in Portland and had $2M available statewide this winter.

​
FISCAL IMPACT
See estimated costs provided above.

CONCLUSION(S)
After researching what municipalities similar to Portland provide for year round and
warming/cooling sheltering, staff conclude that Portland is providing more than many other
municipalities, despite some challenges with our current model. The lack of a physical building
suitable for a seasonal warming shelter is the biggest barrier to improving our model. An
effective solution to improve access to seasonal shelter will carry a significant additional fiscal
impact.

PRIOR COMMITTEE REVIEW
N/A

PREPARED BY

Caity Hager Greg Jordan & Dena Libner
Emergency Management Coordinator Assistant City Managers
Fire Department Executive Department


ATTACHMENTS
Attachment A - Commonspace Memo
​




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January 10, 2025


 First Parish Warming Shelter Update


Per request from the City Council’s HHS Committee, please see the following update on the usage
statistics, successes, and challenges of the project up to this point:


Participation
Commonspace has been operating an Emergency Winter Warming Overnight Shelter, with a
primary location at First Parish Unitarian Universalist at 425 Congress St. and with funding from
MaineHousing, since the onset of colder, winter-season temperatures.
The Warming Shelter is activated when the City’s Emergency Response Plan is activated by a low
temperature of 15 degrees or anticipated snowfall of more than 10 inches, or at the discretion of
Commonspace and First Parish (with significant consideration to the finite resource, both human
and financial, available to the project and the potential for depleting that resource prior to the end
of the winter season if too many discretionary openings take place).
The Warming Shelter has been open 13 nights as of today. The first opening was on December
14th. Five of the Warming Shelter nights, all in December, utilized Commonspace’s Portland Peer
Center at 103 India St. as a back-up location, due to logistical complications related to holiday
activities and events at First Parish. The eight other Warming Shelter nights took place at First
Parish, and we anticipate that all remaining Warming Shelter nights this winter will take place at
First Parish.
The lowest number of Warming Shelter guests on a given night was 50. The highest number was
107 (reached twice in the most recent 6-night stretch of openings, spanning January 4th-9th). The
average number of guests, to date, has been 80. We have seen five unduplicated families, all
New American families, ranging in household size from three to six. The largest number of
families we have had on a given night was three, occurring on our most recent shelter night (Jan.
9th). It’s important to note that the Warming Shelter is not designed for families as it is offered in
an open, communal space. To meet this unexpected need safely, First Parish provided several



 www.commonspacemaine.org info@commonspacemaine.org


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children’s classroom on a separate floor. First Parish staff also helped connect families with local
services and supplemented the food service provided by Commonspace.
While the Fire Marshall established an allowed guest capacity of 110 (at First Parish),
Commonspace and First Parish identified a soft cap of 60, based on our assessment of the space,
our planned use of only one floor-level, and what we estimated to be the outer limit volume within
which staff could reliably maintain a safe and effective resource for guests. The census to date has
demonstrated that this cap has indeed been a soft cap.




Successes
 • The communication strategy for notifying those potentially in need of emergency
 warming shelter has been effective. The City notifies a large recipient group via email about
 an activation, with 48 hours’ notice. Recipients include agencies working directly with
 unhoused and unsheltered individuals in the community, who work to get the word out to
 potential guests. Activation notices are also posted on the City’s website and social media,
 and on the social media of Commonspace and First Parish (with multiple posting shares
 supporting distribution of the alerts).

 • In spite of the challenges noted below, the staff supporting the shelter have been able to
 hold a highly complex space, balancing the need to enforce guidelines that maintain the
 safety of everyone in the space while maintaining a low enough barrier to retain the shelter
 as a resource for those most in need of its existence, and focusing their attention and
 responsiveness on maintaining a safe, welcoming warming shelter while working at the
 same time to prevent negative impact from the project on the surrounding area, with
 specific concern surrounding the proximity of Portland High School.


 • The Portland Police Department has been a tremendously helpful partner in the project.
 On nights with higher census counts, duty officers have offered their temporary presence
 in the space, supporting staff and guests with establishing and maintaining an environment
 of order and safety. Officers have also supported staff, in the mornings, with attending to
 the alley that runs alongside First Parish and connects to Portland High School, ensuring
 that the students are not navigating any waste associated with guests who had exited the
 shelter and who temporarily utilized the area before moving on to other locations. Public
 Works has also recently started supporting the project with their assistance with any waste
 or debris in the general area.

 • Response to overdoses and to medical events have been timely and effective. Attending
 Emergency Response officials have been great about fulfilling their response activities
 while being care-taking and mindful of the fact that many in the space are asleep and that

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 Page 87
 some guests have a baseline of anxiety regarding the arrival of their team. We have been
 very impressed by the care and skill of the responding teams.

 • First Parish has, for a second year in a row (the first in partnership with Commonspace),
 been very accommodating and flexible concerning the operation of this project, which
 involves intensive use of their space and the displacement or alteration of other uses of the
 space, and which this year has included accommodations for sheltering families in sections
 of the space that had not been assigned to this project in the space use agreement.




Challenges
 • The challenges and limitations of the space and location at First Parish were understood
 going into this project, which proceeded regardless of these concerns due to the lack of
 other viable community spaces being offered for this use. The recent, increased volume of
 guests and the frequency of shelter activation due to the bitterly cold start to this winter
 season have highlighted and exacerbated those challenges, the three greatest of which are:

 1) There are only two available bathrooms in the space intended for the overnight shelter,
 which is a barely adequate resource for 80 guests, and which is entirely inadequate for
 107 guests.

 This reality has created a significant challenge. Guests arrive downstairs, where a meal
 is provided, and according to the project plan should then be brought upstairs to the
 shelter space for the balance of the evening. Instead, for two reasons, staff have had to
 operate the shelter on two floors (and occasionally on three, due to the presence of
 families). First, limiting the defined shelter space to the upstairs space would restrict
 guests to two available bathrooms; Second, a large segment of shelter guests, impacted
 by co-occurring disorders significantly complicated by stimulant use, do not sleep and
 do not comport themselves in a manner that is conducive to delivery of a sleep-
 supportive and safe shelter environment, which staff works to maintain upstairs.

 For upcoming activation nights, a determination will need to be made as to whether the
 Warming Shelter should maintain its plan of operating on only one floor, which would
 create a hard cap of 70 guests (per Fire Marshal’s determination) and would create
 challenges regarding the effective operation of the space across the diverse needs of its
 guests, or, alternatively, to maintain operations across both floors. We’ve assessed that
 in order to more effectively maintain the latter option, we would need additional staff
 to safely monitor and manage the project. Emergency shelter spaces are often less than
 ideal, but compromised sight lines and accessible, off-limit areas across two floors
 render the space very challenging to manage for safety, especially with high volume
 use.

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 2) A compounding, related concern involves guest safety as it relates to bathrooms.
 None of the bathrooms are outfitted in any manner to promote safety in the form of
 overdose awareness and response. In addition to risks that we are challenged to
 mitigate, this reality also necessitates intense staff attention to bathroom use, which
 draws attention away from other facets of space management. Of the four bathrooms
 currently in use, we have determined that one needs to be taken off-line, as it deadbolts
 from the inside and staff cannot open it in the event of an emergency.

 3) The proximity of First Parish to Portland High School heightens the need for
 attention to project impact to an extent that is taxing on the project team, and that has
 required the support of municipal partners (PPD and Public Works). Also, given that
 the mornings following a shelter night are frequently very cold, it is negatively
 impactful on the guests that they are required to leave the building and the premises by
 7:00 am, in order to avoid impact on students’ arrival at school.


Additional challenges
 • Commonspace staff has experienced multiple challenges in their efforts to uphold quite
 minimal safety and behavioral expectations of guests within the space, including
 situations involving direct physical assault on staff by guests. In cases of major infractions
 or repeated refusal to comply with safety guidelines, guests have sometimes been asked to
 leave. It should be noted that guests who have been asked to leave on one shelter night
 have been welcomed to return the following night of activation, with the same minimal
 expectations for safety and behavior in place.

 • Commonspace remains eager to utilize the Warming Shelter as an opportunity to leverage
 contact and relationships with guests to support access to more appropriate, every night
 shelter options for people who are currently unsheltered. Regional emergency shelters,
 including the Homeless Services Center and Milestone Recovery have, on activation
 nights, been operating at or very near capacity, which has worked to severely reduce our
 diversion options. The HSC responded to community pressure several months ago to
 extend their check-in curfew to 11:00pm. One consequence of this is that a clear picture of
 available beds at the HSC is not known until or after 11:00, when it is incredibly
 challenging to act upon. If, as an example, we learn at 11:30 that there are 7 male beds and
 3 female beds available at the HSC, we have to determine whether we could and should
 notify or wake Warming Shelter guests in the hopes of identifying 10 individuals willing
 to transfer from the Warming Shelter to the HSC, and whether we could or should make
 such a transfer mandatory. These are currently unanswered questions. The short story is
 that the near capacity operation of regional shelters does not permit the type of diversion,
 and Warming Shelter census reduction, that would be optimal.



 www.commonspacemaine.org info@commonspacemaine.org


 Page 89

Health & Human Services and Public Safety Committee

 April 10, 2025, 5:30 PM Remote Meeting

Committee Attendance:
Anna Bullett, Chair (District 4), April Fournier (At-large), Sarah Michniewicz (District 1),
Wesley Pelletier (District 2).


Councilor Attendance:


City Staff:
Adam Harr, Executive Assistant; Mark Dubois, Police Chief; Dena Libner, Assistant City
Manager; Greg Jordan, Assistant City Manager; Maggie Mcloughlin, Director of Health and
Human Services; Bridget Rauscher, Public Health Director. Kaela Gonzalez, American Rescue
Plan Coordinator; Jessica Hanscombe, Director of Permitting and Inspections; Chris Beaumont,
Marijuana Compliance Coordinator, Mary Davis, HCD Division Director; Caity Hager,
Emergency Management Coordinator; Nicole Albert; Associate Corporation Counsel; Chad
Johnston, Fire Chief.

1. Announcements
 • None.
2. Review and Approval of Minutes from March 11, 2025
 • Moved to approve by Councilor Fournier and seconded by Councilor Michniewicz. The
 minutes were approved unanimously 4-0.
3. Chapter 35 (Councilor April Fournier)
 • Higher Grounds of Maine is a cannabis store that also operates as a coffee shop; there was an
 issue with their license as there was not an ability to also make espresso and coffee drinks the
 way the ordinance is currently written.
 o Requested staff to look at current licensing and what changes could be proposed to allow
 this use.
 o Chapter 35 and chapter 15 needed changes.
 • Public Comment
 o Mark Barnett, owner of Higher Grounds of Maine at 45 Wharf Street. He thanked the
 committee and staff before giving background: Received initial food service license in
 2017 as a coffee shop with a food safety license held since 2027. They prepared coffees
 and blended drinks. The state license is an FSE food service with prep which allows
 them to blend milk. This was so for 7 years until their food service with no prep license
 with the city expired. Food service establishment that also has cannabis on hand and
 dairy cross contamination was the concern; for 3.5 of their 7 years in operation they
 operated the cannabis part of their business. When they switched to adult use, the
 question of if they can operate a beverage prep business onsite with the cannabis
 business came up. Now we are looking at how to get to a license that allows to prepare
 the beverages; they are currently not serving the beverages which has cost money in
 legal fees and loss of customers.
 o Public comment closed at 5:44 PM.
 • Committee discussion
 o Page 27 has the major changes with the red lines: Section D
 o Adding change to FSA with preparation, striking out hot beverages and limiting to non-
 alcoholic beverages.
 o Change in fee from $142 to $230.
 o There was a cap on businesses in 2020 and then the cap was removed and the workload
 increased.
 ▪ Was there any consideration on additional budget requests because of that
 increase?
 • Not this year but we will put in for an additional employee when social
 clubs come up.
 • We thought we would have 20 stores and there are 38; we are right on
 the line of needing more staff.
 o Adult retail stores are 21+ (medical is 18+) and people under 21 can go into stores
 accompanied by a parent or =guardian and could purchase a coffee, but not cannabis.
 o Would other stores likely follow?
 ▪ Likely yes.
 • Committee Vote
 o Councilor Fournier Moved to approve the changes in Chapter 35, Councilor
 Michniewicz seconded and the motion was approved 4-0.

4. Childcare Proposal (Councilor Anna Bullett, Chair)
 • The proposal comes from a committee request form the March meeting.
 • The CDBG program has been supporting childcare in Portland since 2002, totaling $2.3 million
 to date. In 2024, American Rescue Plan money covered gaps from CDBG.
 o Covering costs of childcare for families looking for employment or school; the state
 assistance is only for people currently employed in school and there is a long waitlist.
 o The childcare voucher program helps people obtain and keep childcare using a 4 group
 collaboration: YFO, Catherine Morel, Saint Elizabeth’s and Portland Headstart.
 o Served 845 families since 2010.
 o Since July, the collaborative has averaged $6,500 per month in program expenses with
 YFO leading administration of the program.
 • Starting Strong informed recommendation.
 o School aged childcare averages $317/week.
 ▪ If the City funded $200,000 per year, it would provide 630 weeks of childcare.
 ▪ If the City funded $100,000 per year, it would provide 315 weeks of childcare.
 ▪ If the City funded $80,000 per year (current level), it would provide 252 weeks
 of childcare.
 • Committee questions
 o Councilor Bullett clarified the committee is choosing which level the committee would
 like to recommend.
 ▪ The tax rate stays the same regardless of choice.
 ▪ It is a gap program that is a bridge, not supporting families long term.
 ▪ The weeks of programming would support hundreds of kids.
 • No vote needed: one of the councilors needs to put forth an amendment as part of the finance
 committee budget process or to the full body; the entire committee agreed to move forwards and
 the committee thanked HCD Division Director, Mary Davis and American Rescue Plan
 Coordinator, Kaela Gonzalez for their work.
5. Warming and Cooling Shelter Planning (Caity Hager, Emergency Management
Coordinator)
 • Emergency Management Coordinator Hager presented options for managing cooling and
 warming shelters at the request of the committee.
 • Some staff time is dedicated to cooling and warming center planning, with warming pressing.
 • Some communities operate nightly in the winter, whereas Portland opens when certain
 temperature and weather thresholds are met.
 • Portland is limited to a lack of appropriate space.
 • Warming shelters: we facilitate private community partners operate overnight warming shelter
 funded by MaineHousing.
 • Nonprofit partner opens their space during the day for warming centers.
 • The EMC monitors weather and notifies partners when thresholds are met.
 • 2023- 2024 was based on a daily high apparent temperature of 20 degrees or snow accumulation
 of more than 10 inches.
 o Opened 17 times.
 • 2024-2025 was based on the overnight low of 15 degrees to be more often.
 o Open for 34 nights.
 • Cooling centers use the national weather advisory excessive heat warning as a trigger and the
 library is used as a cooling center.
 o If the library is not available other facilities can be used such as the ice arena.
 o 2023: activated twice
 o 2024: activated 5 times.
 • We have more extreme cold weather than warm weather; most need and gaps are with overnight
 warming shelter.
 • No one in Cumberland County applied to the warming shelter funding opportunity; after this
 Commonspace and First parish secured other Maine Housing funds to open an overnight
 warming shelter.
 o Commonspace explained successes and challenges in a memo.
 o Need professional and trained staff to operate a warming shelter in Portland.
 • Looked at cities identified by the league of women voters that were similar in population and
 size in relation to the rest of the state and looked at similar cities in New England as well as
 Lewiston and Bangor.
 o Half cities outside of New England do not have warming shelters.
 o Those that do operate nightly mostly in churches of in existing shelters.
 o Some found vacant buildings such as old schools when new ones are built or when a
 federal building was unused and able to use for very little.
 o Most are privately funding, with some grant funded and some municipal.
 o New England cities were more likely to coordinate.
 o Nashua, NH was the only municipality to operate overnight; it was a warming station but
 that operates overnight but does not have beds.
 o Portland stands out as the only one to operate its own emergency shelter.
• Possible options
 o Dedicated staff would not expand what the EMC and Social Services Director already do
 as the lack of an appropriate facility is the primary barrier.
 o A single site opened nightly during winter would have a fiscal impact and might be
 limited by zoning.
 o Facilitate multiple smaller sites open by threshold.
 o There are not many options without a large fiscal impact and there is not an appropriate
 space.
• Committee questions and discussion
 o Councilor Pelletier asked if we have tried to coordinate with other communities
 o Councilor Michniewicz asked if the allowable costs were described by MaineHousing.
 ▪ This was outside of the normal warming shelter funding but everything was
 funded by MaineHousing
 ▪ Could the day space being pursued also allow for overnight shelter?
 • The zoning of the day space location does not allow for it; the property
 owner would need to seek a zoning amendment approved by the council.
 o Councilor Fournier asked if the state will fund a Commonspace and First parish
 partnership to operate a warming shelter next year as they did this year?
 ▪ That is still unknown.
 o Does MSHA money cover low barrier or are there restrictions to how the population can
 access?
 ▪ Since the organizations apply directly, we cannot confirm.
 o Councilor Pelletier asked about the Salvation Army offering space.
 ▪ They may have had a change in leadership and since the change, we have not
 been able to utilize their space.
 ▪ He would like to look at some sort of rotation between facilities.
 ▪ For staffing, there were many people who wanted to help: is there aa way for us
 to coordinate trained staff?
 • Prior to MSHA funding, there was a community volunteer effort with a
 threshold of 5 degrees; it was very difficult to mobilize volunteers
 during a blizzard. It would be too challenging to do a fully volunteer
 effort.
 ▪ Zoning: is there a way to queue this up ahead of time or do we need to know the
 exact property ahead of time?
 • A temporary shelter in an emergency context can operate for 180 days
 but the challenge is planning for a permanent or yearly shelter is not
 temporary.
 o Councilor Michniewicz flagged the extreme challenges of the population using the
 Warming Shelter. Could there be a separate shelter serving people with less challenges
 that would be easier for staff to serve?
 ▪ Warming shelter is supplemental to the shelters we do have. The HSC and
 Milestone are open and available.
 ▪ Assistant City Manager Libner clarified the councilor is asking about different
 warming shelters serving different populations in the context of a multi-site
 warming shelter plan.
 • The lack of space, staffing, and funding would still exist and it would
 depend of the operators of the shelters.
 • We would support if there was interest by nonprofit partners.
 • It would be difficult to bar people with behavioral health needs form any
 publicly funded shelter.
 • Councilor Bullett reiterated that the City has a large low barrier shelter and that the warming
 shelter serves a vary specific high needs populations and thanked Commonspace and First
 Parish. She will follow up with the Mayor, GPCOG and the County public health department.


6. Public Safety Update (Chad Johnston, Fire Chief)
Other business
 • Department Make Up
 o 229 FTEs at 10 Fire Stations with 4 Engines, 4 Ladders, and 5 Medcu:
 ▪ 17 Administrative Staff
 ▪ 53 Field Ops per shift (4 shifts)
 • 1 at City Wide Deputy Chief
 • 5 at Munjoy, Ladder/Medcu
 • 5 at Central, Engine/Medcu
 • 8 at Bramhall, Engine/Ladder/Medcu
 • 5 at Rosemont, Ladder/Medcu
 • 3 at Riverton, Engine
 • 5 at Northgate, Ladder/Medcu
 • 3 at East Deering, Engine
 • 3 at Fireboat
 • 3 at Citywide Heavy Rescue Co.
 • 1 at Citywide Paramedic Fly Car
 • 1 at Peaks Island
 • 3 at Jetport Crash Trucks
 • 7 – Vacation/Sick Coverage
 • Operations:
 o Fire Chief, Chad Johnston
 ▪ Asst. Chief, Chris Goodall
 • Deputy Chief, John Cenate
 o Captain ARFF, William VanDeinse
 • Division Chief, Sean Donaghue
 o Captain EMS, Sheldon Gregoire
 • Deputy Chief, Kevin McGuire
 o Captain L3, Ryan Walsh
 o Captain L6, Chris Tillotson
 • Deputy Chief, Shawn Neat
 o Captain L1, John Hardy
 o Captain L4, Mark Stewart
 o Captain R1, Dale Dyer
 • Deputy Chief, Jonathan Hendricks
 o Captain E6, David Nichols
 o Captain E9, Justin Bragdon
 o Captain Marine, Chris Alves
 • Deputy Chief, Vacant
 o Captain E5, Curtis Magnuson
 o Captain E11, Brad James
 o Captain E12, Scott Krum
• Staff
 o Gender
 ▪ 14 Female: 6%
 ▪ 218 Male: 94%
 o Education
 ▪ 93 Highschool: 40%
 ▪ 64 Associates: 28%
 ▪ 70 Bachelors: 30%
 ▪ 5 Masters: 2%
 o Primary Residence
 ▪ 29 Portland: 13%
 ▪ 118 Cumberland City: 54%
 ▪ 37 York City: 17%
 ▪ 11 Androscoggin County: 5%
 ▪ 10 Other Maine City: 4%
 ▪ 9 New Hampshire: 4%
 ▪ 3 Massachusetts: 1%
 o EMS Level
 ▪ 98 AEMT: 47%
 ▪ 66 EMTP: 32%
 ▪ 43 EMTB: 21%
 o Rank
 ▪ 156 Firefighter: 70%
 ▪ 44 Lieutenant: 20%
 ▪ 16 Captain: 7%
 ▪ 7 Chief Officer: 3%
 o Years of Service
 ▪ 79 1-4: 33%
 ▪ 32 5-9: 13%
 ▪ 38 10-14: 16%
 ▪ 12 15-19: 5%
 ▪ 53 20-24: 22%
 ▪ 15 25-29: 6%
 ▪ 14 >30: 6%
 o Retention
 ▪ Spike in hiring in 20202 with 29 (8 – 12 is typical).
 ▪ Spike in resignations in 2022 with 10 attributed to Covid Stress and being
 understaffed; better staffing now with less overtime and advanced life skills
 moves that cover ambulances.
 • The high forced overtime were high in 2021 and 2022 at 199 and 162
 but dropped dramatically to 18 and 42 in 2023 and 2024 with 4 to date
 in 2025.
 • Similar trend in ALS moves with 137 and 303 in 2021 and 2022,
 dropping down to 98 and 67 in 2023 and 2024 with 9 to date in 2025.
 o There are multiple special teams that assist the 17 administrative staff with opportunities
 to get involved in special projects and roles that supports retention.
• Fires
 o  2022: 379
 ▪ Building Fires: 44
 ▪ Cooking Fires: 100
 ▪ Vehicle Fires: 21
 ▪ Dumpster/Trash Fires: 75
 ▪ Outside Fires: 107
 ▪ Other Fires: 32
 o 2023: 399
 ▪ Building Fires: 33
 ▪ Cooking Fires: 119
 ▪ Vehicle Fires: 19
 ▪ Dumpster/Trash Fires: 84
 ▪ Outside Fires: 73
 ▪ Other Fires: 71
 o 2024: 328
 ▪ Building Fires: 40
 ▪ Cooking Fires: 75
 ▪ Vehicle Fires: 34
 ▪ Dumpster/Trash Fires: 64
 ▪ Outside Fires: 67
 ▪ Other Fires: 48
 o Numbers are consistent over time.
• EMS Calls
 o Calls for service dropped in 2020.
 o Calls go up 3-6% every year and over time causes issues:
 ▪ Run volume
 • We need to add an ambulance every decade.
 • An ambulance was last added in 2013.
 ▪ Number of employees
 ▪ Managing 5 ambulances when we need 6.
 • Using a grant to staff a 6th ambulance during peak hours.
 • Next year the grant money likely won’t be available; need to identify
 funding for the 6th ambulance.
• Responses by District
 o Munjoy: 1,548
 o Central: 3,969
 o Bramhall: 4,189
 o Rosemont: 3,504
 o Riverton: 2,693
 ▪ Riverton volume was in line with Deering before opening the HSC. We have the
 capacity to meet the increased need.
 o North Deering: 1,786
 o East Deering: 1,570
 o Islands & CB: 395
 ▪ Islands and Casco Bay are calls to the water and mostly on Peaks.
 o Out of Town: 281
 ▪ Mutual aid with our neighbors; most communities have the bandwidth for
 normal days but we rely on them on high volume days.
 o Attempt to distribute workload as evenly as possible with steady year over year call
 volume for each company.
 o Call volume at the airport increased from 2023 to 2024 and call volume for Marine and
 Peaks decreased from 2023 to 2024.
 • 2024 Cardiac Arrests
 o 107 Cardiac Arrests
 o 66 Resuscitation Attempts
 o 24 ROSC – Return of Spontaneous Circulation
 o 20 Survived Event
 ▪ Innovations in response has drastically increased survivals.
 • Strategic Priorities & Department Initiatives
 o Enhancing community safety and engagement;
 o Improving operational efficiency and effectiveness;
 o Strengthening Firefighter health and wellness;
 o Maintaining and modernizing equipment and infrastructure;
 o Enhancing leadership and workforce development.
 • The committee thanked the Chief and Jessie Lemieux’s work on this presentation and
 highlighted the cardiac data and improvement in response and for ride along opportunities. The
 committee did not have questions.

7. Next Meeting: May 13, 2025
 • Noted Agenda:
 o Built for Zero
 o Public Safety Update: PD
 o Childcare Concept Proposal

Councilor Bullett entertained a motion to adjourn. Councilor moved to adjourn, Councilor seconded; the
motion passed unanimously 4-0 and the meeting adjourned at 7:14 PM.