It is unlawful for any person to conduct, manage or operate an adult
entertainment business unless such person is the holder of a valid
and subsisting permit from the Town to do so, obtained in the manner
provided in this chapter.
It is unlawful for any entertainer, employee or manager to knowingly
work in or about, or to knowingly perform any service or entertainment
directly related to the operation of an unpermitted adult entertainment
business.
It is unlawful for any entertainer to perform in an adult entertainment
business unless such person is the holder of a valid and subsisting
permit from the Town to do so.
It is unlawful for any manager to work in an adult entertainment
business unless such person is the holder of a valid and subsisting
permit from the Town to do so.
All applications for an adult entertainment business permit shall
be submitted to the CEO in the name of the person or entity proposing
to conduct an adult entertainment business on the business premises
and shall be signed by such person and certified as true under penalty
of perjury. All applications shall be submitted on a form supplied
by the Town, which shall require the following information:
For the applicant and for each applicant control person, provide:
names, any aliases or previous names, driver's permit number,
if any, social security number if any, and business, mailing, and
residential address, and business telephone number.
If a partnership, whether general or limited, and, if a corporation,
date and place of incorporation, evidence that it is in good standing
under the laws of Maine, and name and address of any registered agent
for service of process.
Whether the applicant or any partner, corporate officer, or director
of the applicant holds any other permits under this chapter or any
permit for similar adult entertainment or sexually oriented business,
including motion picture theaters and panoramas, from the Town or
another municipality, county or state, and, if so, the names and addresses
of each other permitted business.
A summary of the business history of the applicant and applicant
control persons in owning or operating adult entertainment or other
sexually oriented businesses, providing names, addresses and dates
of operation for such businesses, and whether any business permit
or adult entertainment permit has been revoked or suspended, and the
reason therefor.
For the applicant and all applicant control persons, any and all
criminal convictions or forfeitures within five years immediately
preceding the date of the application, other than parking offenses
or minor traffic infractions, including the dates of conviction, nature
of the crime, name and location of court and disposition.
For the applicant and all applicant control persons, a description
of business, occupation or employment history for the three years
immediately preceding the date of the application.
The location and doing-business-as name of the proposed adult entertainment
business, including a legal description of the property, street address,
and telephone number, together with the name and address of each owner
and lessee of the property.
Two two-inch-by-two-inch color photographs of the applicant and applicant
control persons, taken within six months of the date of application
showing only the full face.
A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment business, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager's office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a permit for an adult entertainment business permit shall include building plans which demonstrate conformance with Chapter 484 of the Town of Madison's Code of Chapters.
An application shall be deemed complete upon the applicant's
provision of all information requested above, including identification
of "none" where that is the correct response, and the applicant's
verification that the application is complete. The CEO may request
other information or clarification in addition to that provided in
a complete application where necessary to determine compliance with
this chapter.
If any person or entity acquires, subsequent to the issuance of an
adult entertainment business permit, a significant interest based
on responsibility for management or operation of the permitted premises
or the permitted business, notice of such acquisition shall be provided
in writing to the Town CEO, no later than 21 days following such acquisition.
The notice required shall include the information required for the
original adult entertainment business permit application.
The adult entertainment business permit, if granted, shall state
on its face the name of the person or persons to whom it is issued,
the expiration date, the doing-business-as name and the address of
the permitted adult entertainment business. The permit shall be posted
in a conspicuous place at or near the entrance to the adult entertainment
business so that it can be easily read at any time the business is
open.
No person granted an adult entertainment business permit pursuant
to this chapter shall operate the adult entertainment business under
a name not specified on the permit, nor shall any person operate an
adult entertainment business under any designation or at any location
not specified on the permit.
Upon receipt of the complete application and fee, the CEO shall provide
copies to the Police and Fire Departments for their investigation
and review to determine compliance of the proposed adult entertainment
business with the laws and regulations which each department administers.
Each department shall, within 30 days of the date of such application,
inspect the application and premises and shall make a written report
to the CEO whether such application and premises comply with the laws
administered by each department. No permit may be issued unless each
department reports that the application and premises comply with the
relevant laws. In the event the premises is not yet constructed, the
departments shall base their recommendation as to premises compliance
on their review of the drawings submitted in the application. Any
adult entertainment business permit approved prior to premises construction
shall contain a condition that the premises may not open for business
until the premises have been inspected and determined to be in substantial
conformance with the drawings submitted with the application. A department
shall recommend denial of a permit under this subsection if it finds
that the proposed adult entertainment business is not in conformance
with the requirements of this chapter or other law in effect in the
Town. A recommendation for denial shall cite the specific reason therefor,
including applicable laws.
An adult entertainment business permit shall be issued by the CEO
within 30 days of the date of filing a complete permit application
and fee, unless the CEO determines that the applicant has failed to
meet any of the requirements of this chapter or provide any information
required under this subsection or that the applicant has made a false,
misleading or fraudulent statement of material fact on the application
for a permit. The CEO may grant an extension of time in which to provide
all information required for a complete permit application upon the
written request of the applicant. If the CEO finds that the applicant
has failed to meet any of the requirements for issuance of an adult
entertainment business permit, the CEO shall deny the application
in writing and shall cite the specific reasons therefor, including
applicable law.
No person shall work as a manager, assistant manager or entertainer
at an adult entertainment business without an entertainer's or
manager's permit from the Town. Each applicant for a manager's
or entertainer's permit shall complete an application on forms
provided by the Town containing the information identified below.
A nonrefundable application fee of $100 shall accompany the application.
A copy of the application shall be provided to the Police Department
for its review, investigation and recommendation. All applications
for a manager's or entertainer's permit shall be signed
by the applicant and certified to be true under penalty of perjury.
The manager's or entertainer's permit application shall
require the following information:
The applicant's name, home address, home telephone number, date
and place of birth, fingerprints taken by Madison Police Department
employees, social security number, and any stage names or nicknames
used in entertaining.
A complete statement of all convictions of the applicant for any
misdemeanor or felony violations in this or any other town, county,
or state within five years immediately preceding the date of the application,
except parking violations or minor traffic infractions.
Every adult entertainer shall provide his or her permit to the adult
entertainment business manager on duty on the premises prior to his
or her performance. The manager shall retain the permits of the adult
entertainers readily available for inspection by the Town at any time
during business hours of the adult entertainment business.
An adult entertainment business manager's permit or an adult
entertainer's permit shall be issued by the CEO within 14 days
from the date the complete application and fee are received unless
the CEO determines that the applicant has failed to provide any information
required to be supplied according to this chapter, has made any false,
misleading or fraudulent statement of material fact in the application,
or has failed to meet any of the requirements for issuance of a permit
under this chapter. If the CEO determines that the applicant has failed
to qualify for the permit applied for, the CEO shall deny the application
in writing and shall cite the specific reasons therefor, including
applicable laws.
An applicant for an adult entertainer's permit shall be issued
a temporary permit upon receipt of a complete permit application and
fee. Said temporary permit will automatically expire on the 14th day
following the filing of the complete application and fee, unless the
CEO has failed to approve or deny the permit application in which
case the temporary permit shall be valid until the CEO approves or
denies the application, or until the final determination of any appeal
from a denial of the application. In no event may the CEO extend the
application review time for more than an additional 20 days.