[HISTORY: Adopted by the Annual Town Meeting of the Town of Stoughton 4-25-1977, Arts. 24 and 25, approved 8-5-1977 (Ch. 42 of the 1983 Code). Amendments noted where applicable.]
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:
A. 
Name of applicant.
B. 
Residential address.
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).
(2) 
Dancing by patrons only.
(3) 
Dancing by entertainers and/or employees (describe).
(4) 
Entertainers (singers, comedians, magicians, etc., not including dancers).
(5) 
Other (describe).
F. 
Days and hours during which it is desired to conduct said entertainment.
G. 
Signature of applicant.
H. 
Date application filed.
I. 
Signatures of licensing authority.
J. 
Date license approved.
[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.
(5) 
The date of issuance.
(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.