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An Act To Provide Clarity and Consistency in Routine Public Health Licensing Activities
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Sec. 2. 22 MRSA §1686, first ¶, as repealed and replaced by PL 1987, c. 769, Pt.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, anAn eating establishment shallmust provide at least one toilet facility for the use of its customers. Toilet facilities whichthat 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 shallmay not be considered as fulfilling this requirement. The location of the toilets shallmust be clearly marked, maintained in a sanitary condition, in good repair and their location identifiable from the eating area. There shallmay not be noa charge for their use. Lavatory facilities shallmust 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.  NoA person may not practice electrology in this State unless that person is registered withlicensed 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 registerissue 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 registeredthe 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 registerissue 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 beare grounds for the department's refusal to registerissue a license to any person or for the District Court's suspension or revocation of the registrationlicense 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 registerobtain a license or registeringobtaining 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 tomay license persons to practice the art of tattooing. Such licenses are issued annually by the department upon the payment of afor 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.