[Amended 5-1-1995 by ATM Art. 63; 5-1-2006 by ATM Art. 68]
The purpose of this chapter is to control, as required by 28-A M.R.S.A. § 1054, the issuance of special amusement permits for music, dancing, or entertainment on premises licensed by the State of Maine to sell liquor for consumption on premises or off premises in the Town of Boothbay Harbor. (User Note: Outdoor events of 251 people or greater must also comply with the requirements of Chapter
124. Outdoor Events.)
As used in this chapter, the following terms
shall have the meanings indicated:
DANCING
Includes all types or styles of dancing, whether accompanied
by music produced at the premises or recorded music, which is encouraged
or allowed at the premises of the licensee.
ENTERTAINMENT
Includes any amusement, performance, exhibitions, or diversion
for patrons or customers whether provided by professional entertainers,
employees or otherwise.
[Amended 5-1-2006 by ATM Art. 69]
LICENSEE
Includes the holder of a license issued under the Alcoholic
Beverages Statutes of the State of Maine or any person, individual,
partnership, firm, association, corporation or other legal entity
or any agent or employee of any such license.
MUSIC
Includes all types of music produced at the premises, including
but not limited to vocal and instrumental. Radio, television, jukeboxes
and other types of recorded music are specifically excluded from the
requirements of this chapter except when played at the premises to
encourage dancing.
OFF-PREMISES
Includes, but shall not be limited to, any premises or location
other than the liquor license holder's primary or principal place
of business or base of operations.
[Amended 5-1-2006 by ATM Art. 69]
No licensee for the sale of liquor to be consumed on his or her licensed premises shall permit on said premises any music, dancing or entertainment, as defined in §
74-2, unless the licensee shall have first obtained from the municipal officers of Boothbay Harbor a special amusement permit signed by a majority of the municipal officers.
[Amended 3-7-1983 by ATM Art. 53; 6-20-2022 by ATM Art. 21]
The fee for a special amusement permit shall
be as established by the Boothbay Harbor Board of Selectmen.
Special amusement permits granted by the municipal
officers shall be limited to the following classes:
A. Class A: Unamplified vocal or instrumental music.
B. Class B: Entertainment other than music.
C. Class C: Amplified vocal or instrumental music.
[Amended 5-1-2006 by ATM Art. 72]
A. Indoor permits. Holders of a Class C or D license
shall at all times while amplified music is being played keep its
doors and windows closed to prevent, as much as possible, objectionable
noise to abutting neighbors and the general public. The municipal
officers, at their discretion, may require sound insulation when,
in their opinion, the noise being produced is detrimental to the health,
safety or welfare of the neighbors or the general public or is an
unreasonable nuisance to any person in the vicinity of the licensed
establishment.
B. Outdoor permits. Outdoor amusement permits shall be
limited to the area(s) and date(s) permitted by the corresponding
liquor license, including the following:
(1) Hours of operation:
(a) Amplified entertainment: Unless otherwise noted, all
amplified entertainment shall not commence before 9:00 a.m. and must
discontinue by 9:00 p.m.
(b) Nonamplified entertainment: Unless otherwise noted,
all nonamplified entertainment shall not commence before 9:00 a.m.
and must discontinue by 10:00 p.m.
(2) Noise level.
(a) Sound pressure level limits shall be measured using
a sound equivalent level of one minute (leg) measured in decibels
in the "A" scale (dBA). Measurements shall be performed at the abutting
property line.
[1]
Amplified entertainment: Unless otherwise noted,
all amplified entertainment or music shall not exceed 80 dBA at the
property line between the hours of 9:00 a.m. to 6:00 p.m., and 70
dBA at the property line between the hours of 6:00 p.m. and 9:00 p.m.
[2]
Nonamplified entertainment: Unless otherwise
noted, all non-amplified entertainment or music shall not exceed 70
dBA at the property line between the hours 6:00 p.m. and 9:00 p.m.,
and 50 dBA between the hours of 9:00 p.m. and 10:00 p.m.
(b) The municipal officers or law enforcement officers
shall have the authority to reduce the allowable noise level based
on, but not limited to, special conditions relating to the neighborhood
character, an unanticipated effect on an abutter or the neighborhood,
site location such as on a hill, in a valley or over the water, or
the date and time of the event.
A licensed hotel, Class A restaurant, Class
A tavern or restaurant malt liquor licensee which has been issued
a special amusement permit may charge admission in designated areas
approved by the municipal special amusement permit.