Town of Boothbay Harbor, ME
Lincoln County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Boothbay Harbor 3-2-1981 by ATM Art. 47 (Art. 21 of the 1958 Ordinances). Amendments noted where applicable.]

§ 79-1 License required.

No person, other than a bona fide nonprofit organization, shall keep, maintain, operate, lease or otherwise furnish, either to its members and guests or to the general public, any premises for use as a bottle club without a bottle club license from the Town of Boothbay Harbor.

§ 79-2 Application for license. [1]

Applications for a bottle club license shall be filed properly. In addition to the filing requirements, an applicant for a bottle club shall furnish the Clerk with the following:
A. 
An affidavit which identifies all principal officers and their places of residence at the present time and for the immediately preceding three (3) years.
B. 
A description of the premises for which a license is desired, which shall set forth such other material information, description or plan of that part of the premises where it is proposed to consume or keep liquor as the Clerk or the municipal officers may require.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 79-3 Denial, suspension or revocation of license. [1]

A license may be denied, suspended or revoked upon a determination that:
A. 
Any principal officer or employee has not attained the age of eighteen (18) years.
B. 
Any principal officer has been convicted of violating any of the laws of this state or the United States with respect to manufacture, transportation, importation, possession or sale of intoxicating liquor within a period of five (5) years from the date of hearing or otherwise has a disqualifying criminal conviction.
C. 
Any principal officer is a law enforcement official.
D. 
The premises where applicant or licensee is to operate is situated within three hundred (300) feet of a public or private school, school dormitory, church, chapel or parish house in existence as such at the time such license is applied for, except such premises as were in use as bottle clubs on the effective date of this chapter. The three-hundred-foot distance shall be measured from the principal entrance of the school dormitory, church, chapel or parish house to the principal entrance of the licensed premises by the ordinary course of travel.
E. 
There is a failure to possess a food service establishment license.
F. 
There has been any violation of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 79-4 Hearings.

Hearings and notices of hearings for both original applications and renewals shall be conducted by the municipal officers in accordance with the applicable provisions for issuance of licenses by the State of Maine to sell intoxicating liquors to be consumed on the premises, and in no case shall an original license be issued without a notice of public hearing to abutters and notice by publication.

§ 79-5 Minors prohibited. [1]

No person under the age of twenty-one (21) years shall be permitted in or to remain within a bottle club.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 79-6 Hours of operation.

The licensee, its principal officers and employees shall not permit the consumption of alcoholic beverages on the premises between the hours of 1:00 a.m. and 6:00 a.m. on Monday through Saturday and 1:00 a.m. and 12:00 noon on Sundays, and during such hours, the premises shall be closed.

§ 79-7 Sale of alcoholic beverages prohibited.

The licensee, its principal officers and employees shall not allow any alcoholic beverages to be sold on the premises, nor shall they knowingly permit any illegal activities to take place therein.

§ 79-8 Right of entry.

Any law enforcement officer of the town shall be permitted to enter any licensed premises during business hours or during the hours during which operation of bottle clubs is prohibited for the purpose of making inspection or maintaining order. It shall be the duty of every licensee and the principal officer thereof to afford free access to every part of such establishment and to render all aid and assistance necessary to enable said persons to make a full, thorough and complete examination thereof to determine compliance with this chapter and the laws of the State of Maine.

§ 79-9 Violations and penalties. [1]

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article II, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.