38 ME Rev Stat § 3113 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 33: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS|38 §3113. Licensing requirements

 §3113. Licensing requirements A license issued annually by the department is required before any person may initiate deposits under section 3103, operate a redemption center under section 3109 or act as a contracted agent for the collection of beverage containers under section 3106, subsection 8, paragraph B.   [PL 2015, c. 166, §14 (NEW).]1.  Procedures; licensing fees.  The department shall adopt rules establishing the requirements and procedures for issuance of licenses and annual renewals under this section, including a fee structure.   [PL 2019, c. 526, §10 (AMD).] 1-A.  Licensing fees.  An applicant under this section shall include the following fees with a license application and an annual license renewal application.   A. An applicant for approval of a redemption center shall submit a $100 license fee with an initial application and subsequent annual applications.   [PL 2021, c. 186, §19 (NEW).]B. An applicant for approval as an initiator of deposit:   (1) Of a small brewery as defined in Title 28-A, section 2, subsection 29 or a small winery as defined in Title 28-A, section 2, subsection 29-B that produces no more than 50,000 gallons of its product or a bottler of water that annually sells no more than 250,000 containers, each containing no more than one gallon of its product, shall submit an annual license fee of $50;   (2) Of a small beverage producer whose total production of all beverages from all combined manufacturing locations is less than 50,000 gallons annually shall submit an annual license fee of $50; and   (3) Other than under subparagraphs (1) or (2) shall submit an annual license fee of $500.   [PL 2021, c. 186, §19 (NEW).]C. An applicant for approval as a contracted agent for the collection of beverage containers shall submit a $500 annual license fee with each application.   [PL 2021, c. 186, §19 (NEW).][PL 2021, c. 186, §19 (NEW).] 2.  Redemption center licensing criteria.  In licensing redemption centers, the department shall consider at least the following:   A. The health and safety of the public, including sanitation protection when food is also sold on the premises;   [PL 2015, c. 166, §14 (NEW).]B. The convenience for the public, including the distribution of centers by population or by distance, or both;   [PL 2019, c. 526, §10 (AMD).]C. The proximity of the proposed redemption center to existing redemption centers and the potential impact that the location of the proposed redemption center may have on an existing redemption center;   [PL 2015, c. 166, §14 (NEW).]D. The proposed owner's record of compliance with this chapter and rules adopted by the department pursuant to this chapter; and   [PL 2015, c. 166, §14 (NEW).]E. The hours of operation of the proposed redemption center and existing redemption centers in the proximity of the proposed redemption center.   [PL 2015, c. 166, §14 (NEW).][PL 2019, c. 526, §10 (AMD).] 3.  Location of redemption centers; population requirements.  The department may grant a license to a redemption center if the following requirements are met:   A. The department may license up to 5 redemption centers in a municipality with a population over 30,000;   [PL 2015, c. 166, §14 (NEW).]B. The department may license up to 3 redemption centers in a municipality with a population over 20,000 but no more than 30,000; and   [PL 2015, c. 166, §14 (NEW).]C. The department may license up to 2 redemption centers in a municipality with a population over 5,000 but no more than 20,000.   [PL 2015, c. 166, §14 (NEW).]For a municipality with a population of no more than 5,000, the department may license redemption centers in accordance with rules adopted by the department.   [PL 2019, c. 526, §10 (AMD).] 4.  Exceptions.  Notwithstanding subsection 3:   A. An owner of a redemption center who is renewing the license of a redemption center licensed by the department as of April 1, 2009 need not comply with subsection 3;   [PL 2015, c. 166, §14 (NEW).]B. An entity that is a distributor licensed by or registered with the department need not comply with subsection 3;   [PL 2019, c. 526, §10 (AMD).]C. A reverse vending machine is not considered a redemption center for purposes of subsection 3 when it is located in a licensed redemption center; and   [PL 2015, c. 166, §14 (NEW).]D. The department may grant a license that is inconsistent with the requirements set out in subsection 3 only if the applicant has demonstrated a compelling public need for an additional redemption center in the municipality.   [PL 2015, c. 166, §14 (NEW).][PL 2019, c. 526, §10 (AMD).] SECTION HISTORY PL 2015, c. 166, §14 (NEW). PL 2019, c. 526, §10 (AMD). PL 2021, c. 186, §19 (AMD).