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November 11, 2023

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W W W. M A I N E B I Z . B I Z 7 N OV E M B E R 1 3 , 2 0 2 3 The funding, proposed by the Governor and enacted in the biennial budget by the Legislature, will help Maine cities, towns and Tribal communities offset an historic increase in demand related to the COVID-19 pandemic, higher hous- ing costs, and inflation for the cost of food and other necessities supported through this safety net program. The Maine Department of Transportation was awarded $14.2 million through the U.S. Department of Transportation Maritime Administration's Port Infrastructure Development Program to be used to support mod- ernization efforts at the Portland International Marine Terminal. Museum expansion hits roadblock e Portland Historic Preservation Board voted unanimously to reject a proposal by the Portland Museum of Art to reclassify its building at 142 Free St. as a "non-contributing" structure in the Congress Street Historic District. e proposal was part of the museum's sweeping $100 million plan for expansion, which includes razing the building next door that dates to 1830. e building for- merly housed the Children's Museum & eatre of Maine and, going back, the area chamber of commerce. e PMA bought the building in 2019. e Historic Preservation Board does not have the final say on the mat- ter. A decision about the building's fate would be in the hands of the Planning Board and City Council. Former state rep joins Avesta Housing Ryan Fecteau, former speaker of the Maine House of Representatives and a longtime advocate for affordable hous- ing, has joined Portland-based Avesta Housing as a policy adviser. At Avesta, New England's largest provider of affordable housing, Fecteau will serve as senior officer of policy and planning, a newly created role. As a member of Avesta's real estate development team, Fecteau will support Avesta's organi- zational advocacy efforts and work on municipal-level coordination to move new affordable housing developments through key milestones. S O U T H E R N A S K AC E A n s w e r e d b y C a r r i e G r e e n Y a r d l e y , Y a r d l e y E s q . P L L C The Association for Consulting Expertise (ACE) is a nonprofit association of independent consultants who value "Success through Collaboration." The public is welcome to attend its regular meetings to share best practices and engage with industry experts. For more information go to www.consultexpertise.com. Q: I'd like to expand sales into the rest of New England. My product is highly regulated, so I know I'll be dealing with new regulatory agencies in each state. Are there other legal issues I should consider? ACE advises: Barriers to entry are obstacles that new and expanding businesses may encounter as they try to enter a market or expand market share. These barriers can take many forms, including laws, regulations, proprietary interests, licensing require- ments and exclusivity arrangements up and down the supply and distribution chain. Legal barriers to entry include: 1. Licensing laws may require businesses to obtain a license or permit to operate. Sometimes a business may require several licenses, and you need to know what they are. For example, if you prepare food in a licensed facility, you may still need separate state and local licenses to sell it. 2. Zoning may restrict where businesses can operate and may make it difficult to find a location. Fortunately, most municipal zoning officials are accessible, and can help you understand how to navigate the zoning map and the process for obtaining waivers. 3. Proprietary protections, such as patents, trademarks and tradenames, can make it difficult for new businesses to enter a market by cre- ating barriers to the use of certain technologies or brand names. Infringement penalties can be high. Overcoming this obstacle requires research into data bases at both the federal and state level, starting with your state's secretary of state, and including the U.S. Patent and Trademark Office. Patents, in particular, require expert assistance. 4. Exclusivity arrangements may limit your ability to penetrate a particular market. If you plan to open a yarn store catering to high-end buyers, you may find that a local shop already has exclusive rights to distribute a brand within your geographic area. This may mean that you need to locate your business outside of that area, possibly in an area with fewer of your ideal customers. Good luck with the expansion! Carrie Green Yardley, an ACE vice president, founded Yardley Esq. PLLC in 2015 after 17 years in commercial litigation. The firm works with small businesses and owners on transactions, from startup to exit. She can be reached at carrie@yardleyesq.com Expansion into a new territory can present challenges, including licensing laws, zoning restrictions and exclusivity agreements. C R E D I T S & D E B I T S After half a century, downtown Saco pizza shop gets new owner — A good sign for the downtown Show me the Monet: Arts, culture nonprofits boost Portland economy by $86M, study shows — The power of the arts, economically speaking Colby College hikes its fundraising goal to $1 billion — After raising more than $750 million, the Waterville college aims even higher Sudden death of Franciscan monk forces Bucksport brewhouse to permanently close — Time for someone to step up as the next brewer Preservation board urges city to reject Portland Museum of Art's effort to raze 142 Free St. — There are times when progress should prevail over preservation Coffee By Design closes original shop on Portland's Congress Street after nearly 30 years — This stretch of Congress Street has seen better days P H O T O / A L E X I S W E L L S Pizza by Michael is located at 12 Common St. in Saco.

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