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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 265. MASS GATHERINGS
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Title 22 - §1601. Permit required
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 265: MASS GATHERINGS
§1601. Permit required
1. Hazard. The Legislature finds that mass outdoor gatherings frequently create a hazard to the public health, safety and peace. Accordingly,
it is deemed to be appropriate and in the interest of the public welfare to regulate the conduct of such gatherings in order
to protect the public health and safety.
[1977, c. 347, §2 (rpr).]
2. Mass outdoor gatherings. For the purposes of this chapter, a mass outdoor gathering shall be deemed to mean any gathering held outdoors with the intent
to attract the continued attendance of 2,000 or more persons for 12 or more hours.
[1977, c. 347, §2 (rpr).]
3. Permit required. No person, corporation, partnership, association or group of any kind shall sponsor, promote or conduct a mass outdoor gathering
until a permit has been obtained from the Commissioner of Health and Human Services.
[1977, c. 347, §2 (rpr); 2003, c. 689, Pt. B, §7 (rev).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1602. Permit issuance
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 265: MASS GATHERINGS
§1602. Permit issuance
1. Written application. The Commissioner of Health and Human Services shall issue a permit for a mass outdoor gathering upon receipt of a written
application therefor unless, after the consideration of the factors listed in subsection 2, it appears to the commissioner
within a reasonable certainty that the gathering will present a grave and imminent danger to the public health or to the public
safety.
[1977, c. 347, §3 (new); 2003, c. 689, Pt. B, §7 (rev).]
2. Commissioner's determination. In determining whether there exists a reasonable certainty that the gathering will present a grave and imminent danger to
the public health or safety, the commissioner shall consider the nature of the gathering and the availability of:
A. An adequate and satisfactory water supply and facilities;
[1977, c. 347, §3 (new).]
B. Adequate refuse storage and disposal facilities;
[1977, c. 347, §3 (new).]
C. Sleeping areas and facilities;
[1977, c. 347, §3 (new).]
D. Wholesome and sanitary food service;
[1977, c. 347, §3 (new).]
E. Adequate medical supplies and care;
[1977, c. 347, §3 (new).]
F. Adequate fire protection;
[1977, c. 347, §3 (new).]
G. Adequate police protection;
[1977, c. 347, §3 (new).]
H. Adequate traffic control; and
[1977, c. 347, §3 (new).]
I. Any other matters as may affect the security of the public health or safety.
[1977, c. 347, §3 (new).]
[1977, c. 347, §3 (new).]
3. Plans; cooperation. In its review of applications for permits for the holding or promoting of a mass outdoor gathering, the department may require
such plans, specifications and reports as it shall deem necessary for a proper review. In its review of such applications,
as well as in carrying out its other duties and functions in connection with such a gathering, the department may request,
and shall receive from all public officers, departments and agencies of the State and its political subdivisions such cooperation
and assistance as may be necessary and proper. No permit may be issued by the department until the commissioner or his representative
has discussed the application with the municipal officers of the municipality in which the event is intended to be held.
[1981, c. 703, Pt. A, §11 (amd).]
4. Permit denied; appeal. An applicant who has been aggrieved by the department's decision to deny a permit under this chapter may file within 30 days
of the notice of the denial a complaint with the District Court, as provided in Title 5, chapter 375. Such an applicant must
be granted a prompt hearing before the District Court for reconsideration of the denial.
[2003, c. 673, Pt. AA, §1 (amd).]
5. Municipal ordinances and regulations. The requirements of this chapter and of the regulations adopted under this chapter shall be considered minimum requirements.
Nothing shall preclude a municipality from enforcing any ordinance or regulation which is more stringent than the requirements
of this chapter or of the regulations adopted under this chapter.
[1977, c. 347, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1603. Permit conditions (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 265: MASS GATHERINGS
§1603. Permit conditions (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1604. Permit, bond
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 265: MASS GATHERINGS
§1604. Permit, bond
The Department of Health and Human Services may also require, prior to the issuance of a permit, that the applicant furnish
to the department a bond of a surety company qualified to do business in this State in such an amount as the department shall
determine, but in no event more than $5,000, to ensure the public peace, safety and compensation of damage to property, public
or private. This requirement for a bond does not preclude the applicant or any other persons from obtaining personal liability
insurance for a mass outdoor gathering. Cash or negotiable securities of equivalent value may be furnished in lieu of the
bond. The bond must guarantee cleanup by the applicant of the area used for the mass outdoor gathering, compliance by the
applicant with any applicable state or local law or regulation and payment by the applicant of all proper claims against
the applicant for damage to real or personal property in the municipality for which the permit is issued and arising out of
facts done or omitted to be done by the applicant, the applicant's agents or employees. Any person having such a claim may
bring an action upon the bond in the Superior Court of the county in which the municipality is located within one year of
the occurrence of the act complained of. In furnishing such a bond, the applicant is deemed to have appointed the surety
company as agent for the service of process upon the applicant or if cash or securities are supplied in lieu of a bond, the
applicant shall in writing appoint an agent for the service of process, irrevocably, for the term within which action may
be brought before any permit is issued.
[2003, c. 673, Pt. AA, §2 (amd); c. 689, Pt. B, §6 (rev).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1605. Application and permit fee
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 265: MASS GATHERINGS
§1605. Application and permit fee
The fee for reviewing an application is $100 and must accompany the application, and the fee for a permit is a maximum of
$750 and must be submitted promptly when requested by the department. Travel costs may also be charged to the applicant for
department inspectors providing health inspection and oversight during the event. Rules, which are routine technical rules
pursuant to Title 5, chapter 375, subchapter 2-A, must be established providing a fee schedule and related requirements.
All funds received under this chapter must be deposited as General Fund undedicated revenue.
[2003, c. 673, Pt. AA, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1606. Penalty
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 265: MASS GATHERINGS
§1606. Penalty
Any person violating any provision of this chapter, or any rule and regulation issued pursuant thereto, shall be punished
by a fine of not more than $5,000 or by imprisonment for not more than 11 months, or by both.
[1971, c. 341 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1607. Application
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 265: MASS GATHERINGS
§1607. Application
This chapter does not apply to fairs, exhibitions and similar events held by agricultural societies and associations, pomological
societies or poultry associations as defined and regulated under Title 7, chapter 3, or military activities. It shall not
apply to persons, associations, corporations, trusts or partnerships licensed under Title 8, chapters 11 and 19.
[1987, c. 395, Pt. A, § 88 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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