| | | Sec. 4. 8 MRSA §227, as amended by PL 1991, c. 464, §2, is | | repealed. |
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| | | Sec. 5. 8 MRSA §§227-A and 227-B are enacted to read: |
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| | | §227-A.__Requirements for obtaining permit |
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| | | 1.__Application.__Any person desiring to hold a display or | | special effects display shall apply in writing to the | | commissioner for a permit at least 10 days in advance of the | | proposed display. |
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| | | 2.__Form.__Application requests must be submitted on forms | | furnished by the department.__An application for a permit must | | include: |
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| | | A.__A certificate of public liability insurance in the | | amount of $500,000 to cover loss, damage or injuries to | | persons or property that might result from the display; and |
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| | | B.__A site plan for the proposed display depicting a diagram | | of the grounds or facilities at which or in which the | | display will be held.__The diagram must show points of | | discharge, fallout areas, any buildings or other structures | | in proximity to the display site and the location of any | | audience that may be present.__Distances of and distances | | between the points of discharge and any buildings or | | structures must be stated on the diagram. |
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| | | 3.__Regulation restricted.__Except as provided in subsection | | 4, a political subdivision of the State, including, but not | | limited to, a municipality, county, township or village | | corporation, may not adopt any order, ordinance, rule or | | regulation concerning the issuance of permits. |
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| | | 4.__Exception.__This section does not prohibit an order, | | ordinance, rule or regulation of any political subdivision that, | | with the exception of appropriate penalty provisions, conforms | | exactly with any applicable provision of state law or that | | regulates the issuance of permits within a jurisdiction. |
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| | | 5.__Fees.__The following schedule of fees applies to permits | | required by this section.__All fees received by the department | | must be used for carrying out this chapter.__Any balance of these | | fees does not lapse but must be carried forward as a continuing | | account to be expended for the same purpose in the following | | fiscal years. |
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| | | A.__Permit: $30 per display or special effects display. |
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| | | B.__Site inspection: $15 per inspection. |
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