An annual, temporary or special license shall
be required for theatrical exhibitions, public shows, public amusements
and exhibitions of every description to which admission is obtained
upon payment of money or upon the delivery of any valuable thing or
by a ticket or voucher obtained for money or any valuable thing or
in which, after free admission, amusement is furnished upon a deposit
of money in a coin-controlled apparatus.
[Added 4-30-1984 ATM, Art. 43]
Applicants for a permit and license under this
chapter must file with the Board of Selectmen a sworn application
in writing on a form to be furnished by the Board of Selectmen, which
shall give the following information:
C. Business name and address.
D. Type of license held in connection with the ordinary
course of business.
E. Brief description of type of entertainment to be offered,
such as:
(1) Orchestra (number of pieces).
(3) Dancing by entertainers and/or employees (describe).
(4) Entertainers (singers, comedians, magicians, etc.,
not including dancers).
F. Days and hours during which it is desired to conduct
said entertainment.
I. Signatures of licensing authority.
[Added 4-30-1984 ATM, Art. 43]
A. Upon receipt of each such application, the Board of
Selectmen shall advertise for the purposes of holding a public hearing.
Said public hearing shall be advertised in a newspaper of general
circulation in the Town of Stoughton at least seven days prior to
the scheduled hearing. All abutters to the applicant's desired location
for said entertainment shall be notified by certified mail, return
receipt requested, at least seven days prior to said hearing. It shall
be the responsibility of the applicant to notify the abutters and
pay for all advertising charges and postage required. The Board of
Selectmen shall endorse its approval on said application, and the
Clerk to the Board of Selectmen shall retain said application and
all supporting documents with a copy of the license issued after receipt
of the prescribed license fee.
B. Such license shall contain the following:
(1) The name and business address of said licensee.
(2) The type of entertainment for which the license is
issued.
(3) Days and hours entertainment is to be conducted.
(4) The amount of the fee paid.
(6) The length of time the license shall be operative.
(7) The signatures of a majority of the Board of Selectmen.
C. The Board of Selectmen shall keep a permanent record
of all applications filed and licenses issued.
[Added 4-30-1984 ATM, Art. 43; amended 5-6-2019 ATM, Art.
38]
A. An annual license shall be issued for a term expiring
December 31 of the year in which it is issued, and the fee therefor
shall be determined by the Board of Selectmen, payable upon issuance
of the license.
B. A temporary or special license may be granted for
a period of time so determined by the Board of Selectmen, with the
fee to be determined by the Board of Selectmen, with such license
issued to be valid only for the dates and times denoted on the temporary
or special license.
C. A temporary or special license for entertainment out
of doors may be granted for a period of time so determined by the
Board of Selectmen, which fee to be determined by the Board of Selectmen,
with such license to be valid only for the dates denoted on the temporary
or special license, and the hours during which such out-of-door entertainment
may be conducted shall be fixed by the Board of Selectmen, provided
that no such out-of-door entertainment be conducted after 12:00 midnight.
[Added 4-30-1984 ATM, Art. 43]
No license issued under the provisions of this
chapter shall be used at any time by any person other than the one
to whom it was issued.
[Amended 4-30-1984 ATM, Art. 46; 4-28-1987 ATM, Art. 79]
The following acts or conduct in or on the premises
licensed in accordance with MGL c. 138, § 12, and c. 140,
§§ 181 and 183A, are deemed contrary to the public
need and to the common good, and therefore, no license shall be held
for the sale of alcoholic beverages to be served and drunk on the
licensed premises where such acts or conduct are permitted:
A. It is forbidden to employ or permit any person in
or on the licensed premises while such person is unclothed or in such
attire as to expose to view any portion of the areola of the female
breast or any portion of the pubic hair, cleft of the buttocks or
genitals.
B. It is forbidden to employ or permit any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire as described in Subsection
A above.
C. It is forbidden to encourage or permit any person
in or on the licensed premises to touch, caress or fondle the breasts,
buttocks or genitals of any other person.
D. It is forbidden to employ or permit any person to
wear or use any device or covering exposing to view or which simulates
the breasts, buttocks, pubic hair or genitals, or any portion thereof.
E. It is forbidden to employ or permit any person in
or on the licensed premises to perform any act or acts or to simulate
the act or acts of:
(1) Sexual intercourse, masturbation, sodomy, flagellation
or any sexual acts prohibited by law.
(2) Touching, caressing or fondling of the breasts, buttocks
or genitals of another.
It is forbidden to employ or permit any person in or on the licensed premises to show motion-picture films, television-type cassettes, still pictures or other photographic reproductions depicting any of the acts, or any simulation of the acts, prohibited in §
89-6 of this chapter.
Notwithstanding any of the foregoing, no person
duly licensed by the Licensing Board for the Town of Stoughton under
MGL c. 140, §§ 181 and 183, shall employ, use the services
of or permit upon the licensed premises any employee, entertainer
or other person who by his or her attire or conduct violates any General
Laws, Special Act or bylaw of the Town of Stoughton.
[Added 4-30-1984 ATM, Art. 43]
Licensees are required to exhibit their licenses
by enclosing same in a glassine or plastic transparent frame and affixing
same so that the same is visible to the public.
[Amended 4-30-1984 ATM, Art. 43]
A. Permits and licenses issued under the provision of
this chapter may be revoked by the Board of Selectmen of the Town
of Stoughton after notice and public hearing.
B. Notice of hearing for revocation of a license shall
be given in writing setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be personally
served upon the licensee at least five days prior to the date set
for the hearing.
Upon failure to comply with this chapter, said
employer, employee and/or licensee shall pay a fine of $50 each and
every day he or she allows any person or persons to violate the same.