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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 270-B. PUBLIC REST ROOM FACILITIES IN EATING PLACES (HEADING. PL 1987, c. 8, @2 (new))
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Title 22 - §1685. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 270-B: PUBLIC REST ROOM FACILITIES IN EATING PLACES (HEADING: PL 1987, c. 8, @2 (new))
§1685. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1987, c. 8, §2 (new).]
1. Eating establishment. "Eating establishment" means an eating establishment licensed by the Department of Health and Human Services under chapter
562 which prepares and serves food to the public for consumption inside the premises. "Eating establishment" does not include
catering establishments, establishments dispensing food solely from vending machines, pushcarts and mobile eating places,
roadside stands, retail frozen dairy product establishments or any other such places where customers do not consume food inside
the building where the food is prepared and served.
[1987, c. 8, §2 (new); 2003, 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 - §1686-A. Eating establishments that permit consumption of alcoholic beverages
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 270-B: PUBLIC REST ROOM FACILITIES IN EATING PLACES (HEADING: PL 1987, c. 8, @2 (new))
§1686-A. Eating establishments that permit consumption of alcoholic beverages
Any eating establishment regardless of the number of seats that permits on-premise consumption of alcoholic beverages shall
be bound by section 1686, regarding the provision of a toilet facility.
[1987, c. 769, Pt. A, §74 (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 - §1686. Toilet facilities required
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 270-B: PUBLIC REST ROOM FACILITIES IN EATING PLACES (HEADING: PL 1987, c. 8, @2 (new))
§1686. Toilet facilities required
Unless it is licensed for fewer than 13 seats and is not licensed for on-premise consumption of alcoholic beverages, an eating
establishment shall provide at least one toilet facility for the use of its customers. Toilet facilities which 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 not be considered as fulfilling this requirement. The location of the toilets shall be clearly marked,
maintained in a sanitary condition, in good repair and their location identifiable from the eating area. There shall be no
charge for their use. Lavatory facilities shall be located within or immediately adjacent to all toilet rooms or vestibules.
[1987, c. 769, Pt. A, §73 (rpr).]
div>
Upon appeal, the Division of Health Engineering may exempt from the requirements of this chapter eating establishments of
13 to 25 seats which are not licensed for on-premise consumption of alcoholic beverages and which were in existence prior
to September 30, 1985, and which:
[1987, c. 769, Pt. A, §73 (new).]
1. Shopping malls. Are part of an enclosed mall which provides customer toilet facilities which are part of the public portion of the mall
and not part of a business within the mall;
[1987, c. 769, Pt. A, §73 (new).]
2. Other locations. Have submitted evidence of an agreement with a 2nd party that customers of the eating establishment may use toilet facilities
which are on the premises owned or rented by the 2nd party in cases where such use would not create a substantial inconvenience
to the customer of the eating establishment;
[1987, c. 769, Pt. A, §73 (new).]
3. Construction costs. Are housed in buildings of unique construction which makes installation of a toilet facility cost prohibitive; or
[1987, c. 769, Pt. A, §73 (new).]
4. Space loss. Would lose 14 or more of their existing seating space if required to provide a toilet facility of a minimum size of 3 feet
by 6 feet.
[1987, c. 769, Pt. A, §73 (new).]
div>
Any eating establishment which does not have a toilet facility available shall post a sign to that effect which may be seen
upon entry to the eating establishment.
[1987, c. 769, Pt. A, §73 (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 - §1687. Rules
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 270-B: PUBLIC REST ROOM FACILITIES IN EATING PLACES (HEADING: PL 1987, c. 8, @2 (new))
§1687. Rules
The Department of Health and Human Services may adopt, in accordance with the Maine Administrative Procedure Act, Title 5,
chapter 375, rules to administer this chapter and thereby protect the public health.
[1987, c. 8, §2 (new); 2003, 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 - §1688. Enforcement
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 270-B: PUBLIC REST ROOM FACILITIES IN EATING PLACES (HEADING: PL 1987, c. 8, @2 (new))
§1688. Enforcement
This chapter shall be enforced by the Division of Health Engineering. Anyone violating this chapter or rules under this chapter
commits a civil violation for which a forfeiture of not more than $200 may be adjudged. Each day of violation shall be considered
a separate offense.
[1987, c. 8, § 2 (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
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