[HISTORY: Adopted by the Town of Boothbay
Harbor 3-5-1979 as ATM Art. 43 (Art. 19 of the 1958 Ordinances). Amendments noted
where applicable.]
[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:
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.
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]
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.
The Board of Selectmen.
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.
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.
A.
Application. Applications for all special amusement
permits shall be made in writing to the municipal officers on a form
as approved by them.
B.
Prerequisite. No permit shall be issued for any premises
if the premises, building or property to be used for the purposes
do not fully comply with all ordinances, Articles, bylaws or rules
and regulations of the municipality.
[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.
A.
The municipal officers shall schedule a public hearing
within 21 days of the date of receipt of a special amusement permit
application. Said hearing shall be advertised by posting in two public
places in Boothbay Harbor and by newspaper advertisement, no less
than seven days prior to said hearing. Testimony of the applicant
and that of any interested members of the public shall be received
at the hearing.
B.
The municipal officers shall grant a permit unless
they find that the issuance of the permit would be detrimental to
public health, safety or welfare or would violate municipal ordinances,
rules or regulations, including the provisions and requirements of
this chapter.
C.
A permit issued in accordance with this chapter shall
be valid only for the life of the applicant's existing liquor license.
In the case of an off-premises location, the permit is valid only
for the duration of the liquor license supporting the event and corresponding
to the amusement permit, or the expiration of the off-site event,
whichever is less. An application for a special amusement permit shall
not be considered for any premises which cannot produce evidence of
a valid and current liquor license. In the case of an off-premises
request, it is not necessary that the liquor license and the special
amusement license be held by the same applicant. However, pursuant
to Maine Law 28-A M.R.S.A. § 1054, the municipal denial
or withdrawal of either license or permit will void the other.
[Amended 5-1-2006 by ATM Art. 70]
A.
Whenever inspection of a licensed business which has
obtained a special amusement permit is deemed necessary by the municipal
officers or their agent, the Town Manager, it shall be the duty of
the licensee or the person in charge of the premises to be inspected
to admit any officer, official or employee of the Town of Boothbay
Harbor to make such inspection at any reasonable time that admission
is requested.
B.
The municipal officers or the code enforcement officer
shall conduct a personal inspection prior to the public hearing on
all new applications, including any outdoor event.
[Amended 5-1-2006 by ATM Art. 71]
C.
In addition to any other penalty which may be provided,
the municipal officers may revoke the special amusement permit of
any licensee in Boothbay Harbor who refuses to permit any officer,
official or employee of the town to make an inspection or who interferes
with said inspection.
Special amusement permits granted by the municipal
officers shall be limited to the following classes:
[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.
Municipal decision. Any licensee requesting a special
amusement permit from the municipal officers shall be notified, in
writing, of their decision no later than 22 days from the date the
request was received. In the event that a licensee is denied a permit,
the licensee shall be provided with the reasons for the denial, in
writing. The licensee may not reapply for a permit within 30 days
after an application for a permit which has been denied.
B.
Suspension or revocation. The municipal officers may, after a public hearing preceded by notice no less than that required in § 74-6, revoke a permit or suspend it for a period of time to be decided by the municipal officers. Such action is warranted if the municipal officers find that the music, dancing or entertainment so permitted constitutes a detriment to the public health, safety or welfare or violates municipal ordinances, articles, bylaws, rules and regulations, including the provisions of this chapter.
C.
Appeal. Any licensee who has requested a permit and
has been denied or whose permit has been revoked or suspended may,
within 30 days of the denial, suspension or revocation, appeal the
decision to the Boothbay Harbor Board of Appeals as provided for in
30-A M.R.S.A. § 2691, as amended. The Board of Appeals may
grant or reinstate the permit if it finds that the permitted activities
would not constitute a detriment to the public health, safety or welfare
or that the denial, revocation or suspension was arbitrary and capricious
or was not based on a violation of any ordinances, articles, bylaws,
rules or regulations, including the provisions of this chapter.
[Amended 5-1-1995 by ATM Art. 63]
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.
A.
Penalty. Whoever violates any of the provisions of this chapter shall be deemed guilty of a criminal offense and, upon conviction thereof, shall be penalized as set forth in Chapter 1, General Provisions, Article II, General Penalty, of this Code. Each day that such an unlawful act or violation continues shall be considered a separate offense.
[Amended 5-1-1995 by ATM Art. 63]
B.
Violation. Any violation of this chapter or any provisions
thereof shall be deemed a public nuisance and may be subject to abatement
by a restraining order or injunction issued by a court of competent
jurisdiction.
