TOWN OF
SPECIAL AMUSEMENT PERMITS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS
SECTION I: PURPOSE AND AUTHORITY: The purpose of
this Ordinance is to control the issuance of special amusement
permits for music, dancing or entertainment in facilities licensed by
the State to sell liquor, registered with the State as a bottle club
or any other business established, whether licensed or permitted or
not. This section is adopted pursuant to 28-A M.R.S.A. ss
1054 and 30-A M.R.S.A. ss 301.
SECTION II: DEFINITIONS: The following definitions
apply unless the context clearly indicates another meaning:
(A) ENTERTAINMENT: includes any amusement,
performance, exhibition or diversion whether live, tape or otherwise
for patrons or customers of the licensed premises whether provided a)
by professional entertainers; b) by full-time or part-time employees
of the licensed premises whose incidental duties include activities
with an entertainment value; c) by patrons induced by prizes or
otherwise to act as entertainers; or d) by any other person.
(B) PREMISES: includes all parts of the contiguous
real estate occupied by a business over which the owner/operator has
direct or indirect control or interest or which the owner/operator
uses in the operation of the business.
SECTION III: SPECIAL AMUSEMENT PERMIT REQUIRED -
No person shall permit on the premises of any business, any music,
except radio or mechanical device, dancing or entertainment of any
sort unless the person has obtained from the Board of Selectmen a
special amusement permit under this Ordinance.
A. APPLICATIONS: Applications for special
amusements permits and annual renewals thereof shall be made in
writing to the Board of Selectmen and shall state the name of the
applicant; his business address; the nature of the business,
including a specific description of the entertainment to be offered;
the location to be used; whether the applicant has ever had a license
to conduct the type of business therein described either denied or
revoked and, if so, the applicant shall describe those circumstances
specifically; whether the applicant, including all partners and
corporate officers, has ever been convicted of a felony and, if so,
the applicant shall describe those circumstances specifically; and
any additional information as may be required by the Board of
Selectmen prior to the issuance of the permit, including but not
limited to, a copy of the applicant's current liquor license, if any.
B. ENTERTAINMENT REGULATED: No special amusement
permit shall be issued for a premises that will offer entertainment,
which includes:
1. Exposing to view the genitals, pubic hair,
anus, vulva or any portion of the female breasts at or below areola
area thereof. "Exposing to view:" includes without limitation
appearing without an opaque covering or appearing with only an opaque
covering, which adheres to the skin, such as body paint.
2. The actual or simulated touching, caressing or
fondling of the breasts, buttocks or genitals.
C. CODE COMPLIANCE: No special amusement permit
may be issued for any thing or act or premises if the premises and
buildings to be used do not comply with all ordinances, codes and
regulations of the Town.
D. FEES: The fee for a special amusement permit
shall be One Hundred Dollars ($100.00) and shall be paid when the
application is made.
E. PUBLIC HEARING ON APPLICATIONS: Prior to
granting a special amusement permit, the Board of Selectmen shall
hold a public hearing. Reasonable notice of the hearing shall be
given by the Town Clerk to the applicant and shall be published at
least once in a newspaper having a general circulation in the Town.
At the public hearing, testimony of the applicant and of any
interested person shall be heard.
F. ISSUANCE OF PERMITS: After public hearing and
within fifteen (15) days of the Board of Selectmen's receipt of the
completed application, the Board of Selectmen shall grant the special
amusement permit requested unless the issuance of the permit would
violate any prohibition in this Ordinance or any State law or Town
Ordinance or is otherwise contrary to the public health, safety or
welfare. In granting a permit, the Board of Selectmen may impose
reasonable restrictions to protect property owners in the vicinity of
the business premises from any nuisance aspects of the proposed
amusements including, without limitation, noise and hours of
operation. The applicant shall be informed in writing of the decision
on his application and of the reasons for the decision.
G. TERMS AND TRANSFERABILITY: Special amusement
permits shall be issued for a term of (1) calendar year and shall
expire on the first day of the following year unless earlier
suspended or revoked. Special amusement permits are not transferable.
H. RENEWALS: Special amusement permit renewal
applications shall be processed by the Town Clerk who shall circulate
the application among appropriate Town agencies for comment. The
Clerk shall forward the application to the Board of Selectmen with a
summary of the agency comments. Renewals shall be approved or denied
by the Board of Selectmen.
I appeals: An appeal by the applicant or any
aggrieved person may be taken from the decision of the Board of
Selectmen to the Superior Court pursuant to Rule 80B of the Maine
Rules of Civil Procedure.
SECTION IV: SUSPENSION OR REVOCATION: After a
public hearing preceded by notice to the permit holder and the
public, the Board of Selectmen may suspend or revoke a special
amusement permit on the grounds that the premises or activities on
the premises violated or violate the provisions of this Ordinance,
the terms of the permit or the provisions of any other Town Ordinance
or of the permit or the provisions of any other Town Ordinance or
regulation or any State law. Appeals from such decision may be taken
to the
SECTION V: ADMISSION CHARGES: A licensed hotel,
Class A restaurant, Class A restaurant malt liquor licensee, as
defined in Title 28-A of the Maine Revised Statutes or premises
registered as a bottle club or any other business establishment club
or any other business establishment that has been issued a special
amusement permit, may charge admission in designated areas as
approved in the permit.
SECTION VI: INSPECTION OF PREMISES: Each permit
holder, by accepting a special amusement permit, agrees to allow
inspection of his premises by representatives of the Town during
business hours without prior notice and at other times with prior
notice.
SECTION VII: PROHIBITED ACTIVITIES: No permit
holder shall allow on the permitted premises any activity described
in Section II B, 1 or 2 of the Ordinance, without regard to whether
such activity is carried out by professional entertainers, employees
or any other person and without regard to whether any compensation is
paid by the permit holder.
SECTION VIII: PENALTY - Violation of any provision
of this Ordinance shall be punished by a civil penalty of Five
Hundred Dollars ($500.00). Each act of violation and every day upon
which any such violation shall occur shall constitute a separate
offense. In addition to such penalty, the Town may enjoin or abate
any violation of this Ordinance by appropriate action. In this
Ordinance, the Town shall recover its costs of suit, including
reasonable attorneys' fees.
SECTION IX: SEVER ABILITY: In the event that any
provision of this ordinance is held invalid by a court of competent
jurisdiction, such ruling shall not affect the remaining provisions
which shall remain in full force and effect.
SECTION X: EFFECTIVE DATE: The effective date of this Ordinance shall be the date of its adoption by the Town: i.e.: April 8, 1995.