Southern Maine Coast and York County Business Licenses: Kennebunk, Kittery, York, Biddeford, Saco, Wells and Ogunquit Compared
Southern Maine Coast and York County Business Licenses: Kennebunk, Kittery, York, Biddeford, Saco, Wells and Ogunquit Compared
Anyone opening a shop, food stand, rental property or service company on the southern Maine coast will search for a southern Maine coast business license. There is no single one. Maine issues no general statewide business license, and no general town license either. Approvals are issued by activity: a town licenses named activities under its own ordinance, a state agency or board licenses certain food operations and trades, and registering your company with the Secretary of State is a filing, not a license. This guide shows you how to sort out which approvals apply to you, then compares the published charges in seven York County communities.
Informational content only. This article is not legal or tax advice. Town fees and ordinances change, and several figures below must be confirmed with the agency named. Consult a qualified attorney or CPA before you sign a lease, hire staff or take payments, especially if your situation is complex.
What You Need Before You Start
- Your legal business name and entity type: sole proprietorship, general partnership, LLC or corporation
- A written list of every activity you will perform, such as selling prepared food, renting rooms, running a mobile food unit, selling alcohol or doing a licensed trade
- The street address of each location, including seasonal or outdoor spaces
- The Secretary of State business search at https://apps3.web.maine.gov/nei-sos-icrs/ICRS to check whether your name is already in use
- Printed state forms, plus a check or money order for filing fees, since formation documents are not filed online
- The direct contact for the Town Clerk in every town where you plan to operate
- A federal Employer Identification Number, if you have one or need one for payroll or banking
Step 1: Form the Entity and Understand the Name Rules
If you plan to form an LLC, file the Certificate of Formation (Form MLLC-6) for $175 under 31 MRSA 1531. Corporations file Articles of Incorporation (Form MBCA-6) for $145 under Title 13-C. Maine does not accept online formation filings, so print the form, complete it, and mail or deliver it with payment to the Secretary of State at https://www.maine.gov/sos/corporations-commissions.
An LLC name must include limited liability company, limited company, L.L.C., LLC, L.C., or LC (31 MRSA 1508). If you need time to finish your paperwork, you can reserve the name on Form MLLC-1 for $20. The reservation lasts 120 days.
Expedited handling is available. A 24 Hour Service request costs $50, and Immediate Service, completed at the time the request is made, costs $100. Availability depends on staffing, and the Bureau notes delays during high volume, so do not build a launch date around expedited service.
Sole proprietors and general partners skip this step and file an assumed-name certificate with the municipal clerk instead (see Step 7).
Step 2: Appoint a Registered Agent
Every Maine LLC and corporation must continuously maintain a registered agent (called a clerk for business corporations). You can use a commercial registered agent listed with the Secretary of State and identified by its CRA public number, or act as a noncommercial agent yourself. A noncommercial agent must provide a physical street address in Maine, not a P.O. box, plus a mailing address if different. The agent must consent to serve, and that consent is certified on the formation document. Changes are filed on Form CLKRA-3 for $35.
Step 3: Find the Ordinance That Covers Your Activity
Maine towns license named activities by ordinance under 30-A MRSA 3701, and their fees must reasonably reflect the cost of the service under 3702. Each town sets its own list. Start with the municipal code, then call the Town Clerk to confirm which licenses apply, whether the license is one time or annual, and when the application is due. Ask for the current fee schedule in writing, because printed forms and code appendices do not always match.
Step 4: Compare Charges in the Coastal Towns
The table below reflects the published figures reviewed for this guide. Where a figure is not settled, the table says so, and you should confirm it with the named office before you pay.
| Town | Published charges | Short-term rentals | Notes |
|---|---|---|---|
| Kennebunk | Business Registration $30; peddler $50 | $250 new, $150 renewal, no cap (effective January 1, 2025) | Confirm current forms with the Town Clerk |
| Kittery | Victualer and innkeeper fees are set in Appendix A of the town code, so check with the Town Clerk at 207-475-1313; mobile food unit permit $50 new, $25 renewal (2023 form); retail cannabis $6,000 (Appendix A, February 12, 2024) | Non-owner-occupied $750, capped; confirm the cap with the Town Clerk | Published forms differ, so confirm before paying |
| York | $60 application, plus $30 per extra license, plus $50 per new application | Voters rejected a short-term rental ordinance in May 2024 | Confirm current rules with the Town Clerk |
| Biddeford (Chapter 22) | $10 administrative fee; victualer $75 to $150; mobile food $200; cannabis $2,500 plus $1,000 per 1,000 square feet | Check with the City Clerk | Check with the City Clerk for insurance minimums |
| Saco | Business Registration $0 if you hold a State license, otherwise $20 | No published figure in this review; check with the Town Clerk | Outdoor food vending is in Chapter 153 |
| Wells | No published figure in this review | Limits are in Chapter 145; check with the Town Clerk | Confirm before listing any rental |
| Ogunquit | No published figure in this review | No published figure in this review | Check with the Town Clerk about special amusement permits for outdoor events |
Kittery's victualer and innkeeper fees are the clearest example of why you should call first. The published forms differ, so confirm the figure with the Town Clerk at 207-475-1313 before you submit payment. A low registration fee in one town does not replace any activity license you need there.
Step 5: Check State Licenses for Food, Trades and Alcohol
- Eating places: the Health Inspection Program in the Department of Health and Human Services licenses eating places. A town victualer license is a separate local approval, so a town fee does not satisfy the state requirement.
- Food processors: the Department of Agriculture, Conservation and Forestry licenses food processing operations.
- Trades: boards under the Department of Professional and Financial Regulation license many trades. Maine has no HVAC license and no general contractor license, so confirm whether your specific trade has a board license before you advertise the work.
- Alcohol: the Bureau of Alcoholic Beverages and Lottery Operations handles liquor licensing. Confirm the license class and fee with the Bureau before you apply.
- Marine work: the Department of Marine Resources handles marine harvesting licenses. Confirm which one applies to you with the Department.
To narrow the list quickly, use the free Business Answers assistant from the Department of Economic and Community Development at https://maine.gov/businessanswers. It helps identify the state permits your activity may need.
Step 6: Register for Sales Tax Where It Applies
Maine's general sales tax rate is 5.5%. Prepared food and on-premises liquor are taxed at 8%, lodging at 9%, and short-term car rentals at 10%. The list of taxable services is closed. Lawn care, towing, handyman work and junk removal are not on that list. Once you know you will collect tax, apply for a sales tax permit through Maine Revenue Services at https://revenue.maine.gov/_/. If you are unsure whether your service is taxable, ask Maine Revenue Services before you open.
Step 7: File Your Assumed Name and Calendar the Annual Report
If your business operates under a name other than its legal name, the filing depends on your structure. LLCs and corporations file a Statement of Intention to do Business under an Assumed Name (Form ASUM-5) with the Secretary of State for $125. Sole proprietors and general partnerships file a sworn assumed-name certificate with the clerk of the city or town where the business is carried on. Municipal fees are set by each town, so ask the clerk for the amount.
LLCs and corporations also file an Annual Report (Form MLLC-13 for LLCs, Form MBCA-13 for corporations). The fee is $85, and the report is due June 1 each year. The first report is due between January 1 and June 1 of the year after formation. You can file online through Annual Report Online at https://apps1.web.maine.gov/cgi-bin/online/aro/index.pl. Maine has no LLC franchise tax and no separate LLC annual tax, so the $85 report is the only recurring state filing charge specific to a domestic LLC.
Common Mistakes to Avoid
- Assuming a state or town business license exists for every business. Most approvals are activity-based, so an entity filing does not cover your operations.
- Treating your Secretary of State filing as a license. Forming an LLC or filing an assumed name does not authorize you to sell food, serve alcohol or rent rooms.
- Relying on an old form without checking the current fee. Kittery's published forms do not all match, so confirm before you pay.
- Listing a rental before checking local rules. The rules vary sharply: Kennebunk charges $250 for a new short-term rental with no cap, York voters rejected an ordinance in May 2024, and Wells limits sit in Chapter 145.
- Missing the June 1 annual report deadline. It is an easy filing to forget, and it is the main recurring state obligation for an LLC.
- Applying the wrong sales tax rate. Prepared food and on-premises liquor are taxed at 8%, not 5.5%.
- Searching for a general contractor or HVAC license. Maine has neither, so look for the board that covers your specific trade.
What to Expect
If you assemble the items above, you can reasonably expect the state filing portion to move on the timeline the Secretary of State publishes. Its corporations and LLC forms pages cite 2 to 7 business days for corporate filings, but that figure has varied across snapshots, so confirm it before you set a launch date. Town licenses are less predictable. Some may ask for an inspection, proof of insurance or a zoning confirmation, and turnaround depends on each clerk's schedule. A complete, correctly priced application is more likely to move without a second trip to the clerk's office.
Tips
- Call the Town Clerk before you sign a lease. Zoning and licensing answers are much easier to get before you commit to a space.
- Ask every clerk whether the license is one time or annual, and whether a renewal fee applies.
- Get fees in writing, and keep copies of every receipt and filed form.
- Use the Maine Small Business Development Centers at https://www.mainesbdc.org/ for free planning help, and review resources for Maine at https://www.sba.gov/district/maine.
Next Steps
Confirm which activities apply to you, call each town where you will operate, file the state paperwork, and then calendar your annual report. Re-check every town figure marked for confirmation before you submit payment, since those are the most likely to change.
Disclaimer: This article is informational only and is not legal or tax advice. Consult a qualified attorney or CPA for your specific situation.