[HISTORY: Adopted by the Town of Topsham as follows: Art. I, as Ch.
6, Art. II of the Topsham Code, as amended through 1990; Art. II, 1-23-1991
by the Special Town Meeting, Art. 7, as Ch. 6, Art. V of the Topsham Code.
Subsequent amendments noted where applicable.]
[Adopted as Ch. 6, Art. II of the Topsham Code]
No licensee for the sale of liquor to be consumed on his licensed premises
situated in the Town of Topsham shall permit, on his licensed premises, any
music, except radio or other mechanical device, any dancing or entertainment
of any sort, unless the licensee shall have first obtained from the Town of
Topsham a special amusement permit signed by at least a majority of the municipal
officers.
As used in this Article, the following terms shall have the meanings
indicated:
Shall include any amusement, performance, exhibition or diversion
for patrons or customers of the licensed premises, whether provided by professional
entertainers or by full-time or part-time employees of the licensed premises
whose incidental duties include activities with an entertainment value.
Applications for all special amusement permits shall be made in writing
to the municipal officers and shall state the name of the applicant; his residence
address; the name of the business to be conducted; his business address; the
nature of his business; the location to be used; and any additional information
as may be needed by the municipal officers.
[Amended 5-22-1991 ATM, Art. 23]
The fee for the special amusement permit shall be fifty dollars ($50.).
In addition, the applicant shall pay the actual advertising costs incurred
by the town, and a deposit covering the estimated advertising shall accompany
the application.
The municipal officers shall, prior to granting a permit and after reasonable
notice to the municipality and the applicant, hold a public hearing within
fifteen (15) days of the date the request was received, at which the testimony
of the applicant and that of any interested members of the public shall be
taken.
The municipal officers shall grant a permit unless they find that issuance
of the permit will be detrimental to the public health and safety or welfare
or would violate municipal ordinances or rules, regulations or Articles.
A permit shall be valid only for the license year of the applicant's
existing liquor license.
The municipal officers may, after a public hearing preceded by notice
to interested parties, suspend or revoke any special amusement permits which
have been issued under this Article on the grounds that the music, dancing
or entertainment so permitted constitutes a detriment to the public health,
safety or welfare or violates any municipal ordinances, Articles, bylaws or
rules and regulations.
The municipal officers are hereby authorized, after public notice and
hearing, to establish written rules and regulations governing the issuance,
suspension and revocation of special amusement permits, the classes of permits,
the music, dancing or entertainment permitted under each class and other limitations
on these activities required to protect the public health, safety and welfare.
These rules and regulations may specifically determine the location and size
of permitted premises, the facilities that may be required for the permitted
activities on those premises and the hours during which the permitted activities
are permitted.
A.Â
Any licensee requesting a special amusement permit from
the municipal officers shall be notified, in writing, of their decision no
later than fifteen (15) days from the date his 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 thirty (30) days after an application for a permit which has
been denied.
B.Â
Any licensee who has requested a permit and has been
denied or whose permit has been revoked or suspended may, within thirty (30)
days of the denial, suspension or revocation, appeal the decision to the Municipal
Board of Appeals as defined in 30 M.R.S.A. § 2411.[1] The Municipal 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 or capricious or that the denial, revocation or suspension
was not based upon a preponderance of the evidence on a violation of any ordinance,
Article or rule or regulation of the municipality.
[1]
Editor's Note: 30 M.R.S.A. § 2411 was repealed by
Chapter 737 of the Laws of 1987. See now 30-A M.R.S.A. § 2691.
A.Â
A licensed hotel, Class A restaurant, Class A tavern
or restaurant malt liquor licensee who has been issued a special amusement
permit may charge admission in designated areas approved by the municipal
special amusement permit.
Whoever violates any of the provisions of this Article shall be punished
by a fine of not more than one hundred dollars ($100.) for the first offense
and up to two hundred dollars ($200.) for the subsequent offenses, to be recovered,
on complaint, to the use of the Town of Topsham.
The invalidity of any provision of this Article shall not invalidate
any other part.
The effective date of this Article shall be March 9, 1981.
[Amended 5-22-1991 ATM, Art. 25]
See 28-A M.R.S.A. § 1001 et seq.
[Adopted 1-23-1991 STM, Art. 7, as Ch. 6, Art.
V of the Topsham Code]
Pursuant to the authority granted municipalities under 30-A M.R.S.A.
§ 3001 et seq. and 8 M.R.S.A. § 441 et seq., the Town
of Topsham hereby adopts the licensing standards contained in 8 M.R.S.A. § 441
et seq. for pinball machines and applies such licensing standards to video
machines as defined herein.
As used in this Article, the following terms shall have the meanings
indicated:
Only those machines nominally denominated as such which, upon the
insertion of a coin, slug, token, plate or disc, may be operated by the public
generally for use as game, entertainment or amusement, whether or not registering
a score, and which are operated for amusement only and do not dispense any
form of payoff, prize or reward, except free replays.
All provisions contained in state law, ordinance and municipal action
which apply to pinball machines shall apply equally to video machines, including
but not limited to licensing, revocation, violations and fees.
