Any commercial or noncommercial entity or private club, not otherwise exempted by this chapter, that provides live entertainment, music or any other type of entertainment event shall apply for and obtain a special amusement license.
A. 
The Board of Selectmen may consider the applicant's and/or manager's prior business experience, criminal record, and history as a liquor and/or special amusement licensee, here or in any other jurisdiction. The Board may consider any other material information reflecting on the applicant's ability to operate or manage the establishment or special amusement in a manner compatible with this chapter and with other statutes and regulations of the State of Maine and ordinances of the Town of Islesboro.
B. 
There are two classes of licenses; both are governed by the general rules, and specifically Class II is also subject to the special rules set forth in this chapter.
[Amended 6-6-2012]
(1) 
Class I license. A Class I license includes all establishments and private clubs not otherwise exempt by this chapter. The ultimate judgment whether an applicant qualifies for a Class I license shall be determined by the Board of Selectmen. No license under this class shall be granted to any establishment or private club operating within 200 feet of any residence, church, school, or library or within 600 feet of a combination of seven residences or public buildings.
(2) 
Class II license. A Class II license includes establishments or private clubs located within 200 feet of any residence, church, school or library, or within 600 feet of any combination of at least seven residences or public buildings. No license under this class shall be granted unless the establishment uses soundproofing or other acceptable means to reduce noise levels to avoid disturbing the public or those in any residences.
C. 
The following special rules apply to Class II licenses in addition to the general rules:[1]
(1) 
All music, dancing and entertainment must be confined to an enclosed building with all the windows and doors closed at all times, except for a reasonable amount of time to allow patrons to enter and leave.
(2) 
Loitering or drinking by any person or persons outside of the licensed establishment is prohibited.
[1]
Editor's Note: See § 257-8.
A. 
A public or private school, public service organization, private club (not required to obtain a Class I license), or church organization, fire department association, ambulance association or auxiliary of any Town department, or any other nonprofit organization selling food and/or drink and providing entertainment to raise money for a charitable cause from time to time is exempt from the requirements of this license.
B. 
An owner or legal occupier of a private residence who provides free entertainment for invited guests from time to time is exempt from the provisions of this chapter but is subject to the statutes prohibiting public nuisances.
A. 
The Board of Selectmen may impose any other limitations on individual applications as it deems necessary to protect the public health, safety and welfare of the inhabitants of the Town of Islesboro.
B. 
The Board of Selectmen, in its discretion, may waive or alter applicable provisions of any special rules or fees upon the applicant's request and for good reason, after notice to the general public and after a public hearing.
C. 
The licensee is responsible to enforce the general and special rules in his or her establishment and outside premises.
D. 
No visibly intoxicated person shall be served or allowed to remain on the premises.
E. 
No improper conduct, disorder, illegality or disturbance of any kind shall be allowed in the licensee's establishment or on the premises.
F. 
No alcoholic beverages shall be sold after 1:00 a.m., and no patrons shall be allowed in the licensee's building after 1:15 a.m.
G. 
All patrons and their vehicles shall leave the licensee's premises no later than 1:20 a.m.
H. 
No music, entertainment or dancing of any kind is permitted before 11:00 a.m. or after 12:00 midnight.
I. 
No unnecessary noise and no disorderly conduct in the licensee's establishment or premises shall be permitted.
J. 
The premises shall be kept in a clean, tidy, and in a sanitary condition at all times.
A. 
Upon written complaint or upon its own initiative, the Board of Selectmen may hold a public hearing any time after 24 hours' written notice to both the applicant and, through posted notices, to the general public, to consider the suspension or revocation of the special amusement license.
B. 
Upon written complaints from three or more citizens and their agreement that they will appear at a subsequent hearing, the Board of Selectmen shall hold a public hearing any time after 24 hours' written notice to the licensee and through posted notices to the general public, but in no case more than seven days after the receipt of the complaints.
C. 
Suspension or revocation.
(1) 
Upon a finding by the Board of Selectmen that the license holder has violated one or more of these regulations or conditions of the license, the Board, at a minimum, shall:
(a) 
First offense: give a warning.
(b) 
Second offense: suspend the license for seven days if in violation of one or more license conditions.
[Amended 6-6-2012]
(c) 
Third offense: revoke the license.
(2) 
At all times, the Board, depending on the seriousness of the violations, may suspend or revoke the license if these penalties are at least as severe as the minimums established above. The Board at any time following a finding of a violation may also impose additional license conditions, including the establishment of a larger compliance bond.
D. 
A finding of "unnecessary noise" after complaints from three or more households for one incident shall, at a minimum, result in action by the licensee to abate such noise and will be a violation under Subsection C. The finding of "unnecessary noise" after the receipt of additional complaints from three or more households shall be treated as a second violation under Subsection C.
E. 
Incidents of disorderly conduct shall be grounds for the suspension or revocation of a license under the provisions of Subsection C. The licensee shall not permit disorderly conduct in the establishment or on its premises at any time. Incidents or occurrences of disorderly conduct twice in one week or three times in one month shall constitute grounds for suspension or revocation of the license. The finding of fact that the owner or manager of said establishment took no reasonable action to abate the conduct shall be prima facie evidence of a condition detrimental to the public health, safety or welfare of the community. Regardless of efforts taken by the licensee or duly designated employee, the Board of Selectmen may impose the additional condition on the license that the licensee be required to hire sufficient law enforcement personnel at the expense of the licensee.
F. 
The compliance bond shall be ordered forfeited when the Board of Selectmen, after notice and hearing, determines that there has been either an intentional act on the part of the license holder to violate a significant rule or that a pattern of violation of these rules exists, whether caused by the license holder, patrons or other persons.
[Amended 6-6-2012]
G. 
The licensee may appeal any order by the Board of Selectmen to the Town of Islesboro Board of Appeals. Notwithstanding an appeal, the order of the Board shall not be stayed during the pendency of the appeal. The Board of Appeals may order the Board of Selectmen to reinstitute the license in the case of suspension or revocation.
H. 
Any law enforcement personnel that the Board of Selectmen require be hired by the applicant or licensee, under Subsection E, must be on the licensed premises from the commencement of any music, dancing or entertainment until all patrons have left the premises following the close of business.