As used in this chapter, the following terms shall have the
meanings indicated:
ADULT ENTERTAINMENT
A.
Any exhibition, performance or dance of any type conducted on
premises where such exhibition, performance, or dance involves a person
who is unclothed or in such costume, attire, or clothing as to expose
any portion of the female breast below the top of the areola or any
portion of the pubic region, anus, buttocks, vulva or genitals, or
wearing any device or covering exposed to view which simulates the
appearance of any portion of the female breast below the top of the
areola or any portion of the pubic region, anus, buttocks, vulva or
genitals, or human male genitals in a discernibly turgid state, even
if completely and opaquely covered;
B.
Any exhibition, performance or dance of any type conducted on
premises where such exhibition, performance or dance is distinguished
or characterized by a predominant emphasis on the depiction or simulation
of sexual conduct or activities, including fondling or other erotic
touching of human genitals, pubic region, buttocks or female breast;
or
C.
Any exhibition, performance or dance which is intended to sexually
stimulate any member of the public and which is conducted on a regular
basis or as a substantial part of the premises activity. This includes,
but is not limited to, any such exhibition, performance or dance performed
for, arranged with or engaged in with fewer than all members of the
public on the premises at that time, with separate consideration paid,
either directly or indirectly, for such performance, exhibition or
dance and which is commonly referred to as table dancing, couch dancing,
taxi dancing, lap dancing, private dancing or straddle dancing.
ADULT ENTERTAINMENT BUSINESS
Any commercial premises to which any member of the public
is invited or admitted and where an entertainer provides live adult
entertainment to any member of the public.
ALCOHOL
The substance known as ethyl alcohol, hydrated oxide of ethyl
or spirit of wine which is commonly produced by the fermentation or
distillation of grain, starch, molasses, sugar, potatoes or other
substances, and includes all dilutions and mixtures of these substances.
APPLICANT
The individual or entity seeking an adult entertainment business
permit in the Town of Madison.
APPLICANT CONTROL PERSONS
All partners, corporate officers and directors and any other
individuals in the applicant's business organization who hold
a significant interest in the adult entertainment business, based
on responsibility for management of the adult entertainment business.
CODE ENFORCEMENT OFFICER (CEO)
Such Town employees or agents as the Board of Selectmen shall
designate to administer this chapter, or any designee thereof.
EMPLOYEE
Any and all persons, including managers, entertainers and
independent contractors who work in or at or render any services directly
related to the operation of any adult entertainment business.
ENTERTAINER
Any person who provides adult entertainment within an adult
entertainment business as defined in this section, whether or not
a fee is charged or accepted for entertainment.
LIQUOR
Spirits, wine, malt liquor or hard cider, as those terms
are defined in Title 28-A, Section 2, of the Maine Revised Statutes,
or any substance containing liquor, that is intended for human consumption
and that contains more than 1/2 of 1% of alcohol by volume.
MANAGER
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment business,
and includes assistant managers working with or under the direction
of a manager to carry out such purposes.
MEMBER OF THE PUBLIC
Any customer, patron, club member, or person, other than
an employee as defined in this section, who is invited or admitted
to an adult entertainment business.
OPERATOR
Any person operating, conducting or maintaining an adult
entertainment business.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons however organized.