An Act To Provide Clarity and Consistency in Routine Public Health Licensing Activities
Maine Legislature, Session 126, LD 1387
Committee: Health and Human Services
Sponsors: FARNSWORTH, HAMPER
Amends: 17 MRSA §3966, 22 MRSA §1686, 22 MRSA §2491, 22 MRSA §2498, 32 MRSA §1222, 32 MRSA §1231-A, 32 MRSA §1232, 32 MRSA §1233, 32 MRSA §1241, 32 MRSA §4204, 32 MRSA §4252, 32 MRSA §4318, 32 MRSA §4327

Legislative Document 
No. 1387 
H.P. 990 
House of Representatives, April 10, 2013 
An Act To Provide Clarity and Consistency in Routine Public 
Health Licensing Activities 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FARNSWORTH of Portland. 
Cosponsored by Senator HAMPER of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17 MRSA §3966, as amended by PL 2011, c. 369, §9, is further amended 
to read: 
§3966.  Animals in food stores 
It is unlawful for any person, other than the owner or manager, to bring an animal 
into a store where food is sold for human consumption or into a restaurant where food is 
prepared and served on the premises. This section does not apply to a person requiring the 
services of a service animal. 
For the purposes of this section, "service animal" has the same meaning as set forth in 
Title 5, section 4553, subsection 9-E, paragraph A or B. 
Sec. 2.  22 MRSA §1686, first ¶, as repealed and replaced by PL 1987, c. 769, Pt. 
A, §73, is amended to read: 
Unless it is licensed for fewer than 13 seats and is not licensed for on-premise 
consumption of alcoholic beverages, an An eating establishment shall must provide at 
least one toilet facility for the use of its customers.  Toilet facilities which that require 
access through the food preparation area or the use of which would in any way cause the 
establishment to be in violation of any state law or rule shall may not be considered as 
fulfilling this requirement.  The location of the toilets shall must be clearly marked, 
maintained in a sanitary condition, in good repair and their location identifiable from the 
eating area.  There shall may not be no a charge for their use.  Lavatory facilities shall 
must be located within or immediately adjacent to all toilet rooms or vestibules. 
Sec. 3.  22 MRSA §2491, sub-§7, as amended by PL 2011, c. 193, Pt. A, §4, is 
further amended to read: 
7.  Eating establishment.  "Eating establishment" means any place where food or 
drink is prepared and served, or served to the public for consumption on the premises, or 
catering establishments, or establishments dispensing food from vending machines, or 
establishments preparing foods for vending machines dispensing foods other than in 
original sealed packages, such as hotels, motels, boarding homes, restaurants, take-out 
restaurants, mobile eating places, coffee shops, cafeterias, short order cafes, 
luncheonettes, grills, tearooms, sandwich shops, soda fountains, bars, cocktail lounges, 
night clubs, roadside stands, industrial feeding establishments, private or public 
institutions routinely serving foods such as schools, retail frozen dairy product 
establishments, airports, parks, theaters, recreational camps, youth camps or any other 
catering or nonalcoholic drinking establishments or operations where food is prepared 
and served or served for consumption on the premises, or catering establishments where 
food is prepared, or where foods are prepared for vending machines dispensing food other 
than in original sealed packages. 
Sec. 4.  22 MRSA §2491, sub-§7-F, as enacted by PL 2011, c. 193, Pt. A, §6, is 
amended to read: 
7-F.  Lodging place.  "Lodging place" means a building or structure, or any part of a 
building or structure, used, maintained, advertised or held out to the public as a place 
where sleeping accommodations are furnished to the public for business purposes.  
"Lodging place" includes a room or cottage rented by a person that rents 4 or more rooms 
or cottages. "Lodging place" includes, but is not limited to, hotels, motels, guest homes 
and cottages where the owner maintains the sleeping accommodations.  "Lodging place" 
includes a condominium unit rented to the public by a condominium association that 
routinely rents 4 or more units to the public.  "Lodging place" does not include 
dormitories of charitable, educational or philanthropic institutions, fraternity or sorority 
houses affiliated with educational institutions, permanent residences, rooming houses, 
tenancies at will or rental properties with tenant and landlord relationships. 
Sec. 5.  22 MRSA §2498, sub-§1, as amended by PL 2011, c. 193, Pt. B, §§4 to 6, 
is further amended to read: 
1.  Authorization.  The department is authorized to impose one or more of the 
following sanctions when a violation of this chapter, or rules enacted pursuant to this 
chapter, occurs and the department determines that a sanction is necessary and 
appropriate to ensure compliance with state licensing rules or to protect the public health. 
A.  The department may impose penalties for violations of this chapter, or the rules 
adopted pursuant to this chapter, on any eating establishment, eating and lodging 
place, lodging place, recreational camp, youth camp, public pool or public spa or 
campground.  The penalties may not be greater than $100 for each violation.  Each 
day that the violation remains uncorrected may be counted as a separate offense.  
Penalties may be imposed for each violation of the rules. 
B.  The department may direct an eating establishment, eating and lodging place, 
lodging place, recreational camp, youth camp, public pool or public spa or 
campground to correct any violations in a manner and within a time frame that the 
department determines is appropriate to ensure compliance with state rules or to 
protect the public health.  Failure to correct violations within the time frames 
constitutes a separate finable violation. 
C.  Any person, corporation, firm or copartnership that operates any eating 
establishment, eating and lodging place, lodging place, recreational camp, youth 
camp, public pool or public spa or campground without first obtaining a license as 
required by this chapter must be punished, upon adjudication of unlicensed operation, 
by a fine of not less than $25 nor more than $200, and upon a 2nd or subsequent 
adjudication of unlicensed operation must be punished by a fine of not less than $200 
nor more than $500.  Each day any such person, corporation, firm or copartnership 
operates without obtaining a license constitutes a separate offense. 
D.    In the event of any violation of this section or any rule pursuant to this chapter, 
the Attorney General may seek to enjoin a further violation, in addition to any other 
remedy. 
E.  A person, corporation, firm or copartnership that fails to pay a penalty imposed 
pursuant to this chapter: 
(1)  May be referred to the Attorney General for appropriate enforcement action; 
and 
(2)  In addition to all fines and penalties imposed pursuant to this chapter, is 
liable for any interest, costs and fees incurred by the department, including 
attorney's fees. 
Sec. 6.  32 MRSA §1222, as enacted by PL 1979, c. 87, §1, is amended to read: 
§1222.  Licensure; penalty 
1.  License required.  No A person may not practice electrology in this State unless 
that person is registered with licensed by the department under this chapter.  A license 
issued under this chapter is valid for one year from the date of issuance. 
2.  Criminal penalty. Any person who practices electrology in violation of 
subsection 1 is guilty of a Class E crime. 
3.  Civil penalty.  A person who practices electrology without a license or who 
violates the sterilization, sanitation or safety standards adopted by the department under 
this chapter commits a civil violation for which a fine of not less than $500 nor more than 
$1,000 may be adjudged for each violation. 
4.  Enforcement.  A person who fails to pay a penalty imposed pursuant to this 
chapter: 
A.  May be referred to the Attorney General for appropriate enforcement action; and 
B.  In addition to all fines and penalties imposed pursuant to this chapter, is liable for 
any interest, costs and fees incurred by the department, including attorney's fees. 
Sec. 7.  32 MRSA §1231-A, as enacted by PL 1991, c. 416, §3, is amended to 
read: 
§1231-A.  Licensure requirements 
1.  Licensure requirements.  Except as provided in section 1233, the department 
shall register issue a license to any person under this chapter who: 
A.  Is at least 17 years of age; 
B.  Has a high school diploma or its equivalent; and 
C.  Passes an inspection under section 1243 within 60 days before that person is 
registered the license is issued. 
2.  Exemption.  A person who has a valid electrology license from the department as 
of January 1, 1991 is exempt from the requirements of subsection 1. 
3.  Reciprocity.  Except as provided in section 1233 and notwithstanding the 
requirements of subsection 1, the department shall register issue a license to any applicant 
under this chapter who provides the department with evidence that the applicant has 3 
years of experience as an electrologist in another state.  That proof must consist of 
notarized copies of the license or registration issued by the state where the applicant last 
practiced electrology. 
Sec. 8.  32 MRSA §1232, as enacted by PL 1979, c. 87, §1, is repealed. 
Sec. 9.  32 MRSA §1233, first ¶, as enacted by PL 1979, c. 87, §1 and amended 
by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
The following shall be are grounds for the department's refusal to register issue a 
license to any person or for the District Court's suspension or revocation of the 
registration license of any person: 
Sec. 10.  32 MRSA §1233, sub-§3, as enacted by PL 1979, c. 87, §1, is amended 
to read: 
3.  Fraudulently obtaining license. Attempting to register obtain a license or 
registering obtaining a license under this chapter by means of fraud or under false 
pretenses. 
Sec. 11.  32 MRSA §1241, as enacted by PL 1979, c. 87, §1 and amended by PL 
1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
§1241.  Powers and duties 
The department shall register or refuse to register persons under this chapter, may 
investigate, inspect, examine and review persons and premises as necessary to properly 
administer this chapter, and may make any appropriate complaint to the District Court. 
Sec. 12.  32 MRSA §4204 is repealed and the following enacted in its place: 
§4204.  Penalties 
1.  Penalty.  A person who fails to be licensed as required by this chapter, violates 
the sterilization, sanitation or safety standards adopted by the Department of Health and 
Human Services under section 4251 or performs tattooing on a minor commits a civil 
violation for which a fine of not less than $500 nor more than $1,000 may be adjudged 
for each violation. 
2.  Enforcement.  A person who fails to pay a penalty imposed pursuant to this 
chapter: 
A.  May be referred to the Attorney General for appropriate enforcement action; and 
B.  In addition to all fines and penalties imposed pursuant to this chapter, is liable for 
any interest, costs and fees incurred by the Department of Health and Human 
Services, including attorney's fees. 
Sec. 13.  32 MRSA §4252, as amended by PL 2009, c. 589, §11, is further 
amended to read: 
§4252.  Issuance of licenses 
The Department of Health and Human Services is empowered to may license persons 
to practice the art of tattooing. Such licenses are issued annually by the department upon 
the payment of a for a term of one year and may be renewed annually.  The fee for an 
initial license or a renewal license may not to exceed $250. Licenses expire on September 
30th of each year.  All fees collected by the department pursuant to this section must be 
deposited in a special revenue account dedicated to a health inspection program. 
Sec. 14.  32 MRSA §4318 is enacted to read: 
§4318.  Penalties 
1.  Penalty.  A person who fails to be licensed as provided by section 4312 or 
violates the sterilization, sanitation or safety standards adopted by the department under 
section 4313 commits a civil violation for which a fine of not less than $500 nor more 
than $1,000 may be adjudged for each violation. 
2.  Enforcement.  A person who fails to pay a penalty imposed pursuant to this 
chapter: 
A.  May be referred to the Attorney General for appropriate enforcement action; and 
B.  In addition to all fines and penalties imposed pursuant to this chapter, is liable for 
any interest, costs and fees incurred by the department, including attorney's fees. 
Sec. 15.  32 MRSA §4327, as enacted by PL 1997, c. 206, §1, is repealed and the 
following enacted in its place: 
§4327.  Penalties 
1.  Penalty.  A person who fails to be licensed as provided by section 4324, violates 
the sterilization, sanitation or safety standards adopted by the department under section 
4326 or performs body piercing on a minor without parental consent under section 4323 
commits a civil violation for which a fine of not less than $500 nor more than $1,000 may 
be adjudged for each violation. 
2.  Enforcement.  A person who fails to pay a penalty imposed pursuant to this 
chapter: 
A.  May be referred to the Attorney General for appropriate enforcement action; and 
B.  In addition to all fines and penalties imposed pursuant to this chapter, is liable for 
any interest, costs and fees incurred by the department, including attorney's fees. 
Sec. 16.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 32, chapter 18, subchapter 2, in the subchapter 
headnote, the word "registration" is amended to read "licensure" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes. 
SUMMARY 
This bill makes changes in licensing laws administered by the Department of Health 
and Human Services for the purposes of clarity and consistency. The bill clarifies to 
whom the definitions of "eating establishment" and "lodging place" apply, applies license 
fine and penalty provisions to public pools and public spas and provides a procedure for 
the referral of persons who fail to pay certain licensing penalties to the Attorney General's 
office for prosecution. 
The bill makes changes in the laws governing electrologists, tattoo artists and persons 
performing micropigmentation and body piercing to increase fines for violations and 
provide consistency in regulation and enforcement among these professions.  
The bill also makes toilet facility requirements for eating establishments consistent 
with rules of the Plumbers' Examining Board and provides that the law prohibiting 
animals in food stores also applies to animals owned by store owners and managers.