The following standards of conduct and general requirements
shall apply to any adult entertainment business:
A. No employee or entertainer, while in any area viewable by members
of the public, except on the performance area as defined in this chapter,
shall be unclothed or in such less than opaque and complete attire,
costume or clothing so as to expose to view any portion of the female
breast below the top of the areola or any portion of the pubic region,
anus, buttocks, vulva or genitals.
B. No employee or entertainer, while on the performance area as defined
in this chapter, shall be unclothed or in such less than opaque and
complete attire, costume or clothing so as to expose to view any portion
of the female areola or any portion of male or female genitals.
C. No male employee or entertainer shall at any time appear with his
genitals in a discernibly turgid state, even if completely and opaquely
covered, or wear or use any device or covering which simulates the
same.
D. No employee or entertainer mingling with members of the public shall
wear or use any device or covering exposed to view which simulates
the breast below the top of the areola, vulva, genitals, anus, any
portion of the pubic region, or buttocks.
E. No employee or entertainer shall caress, fondle or erotically touch
any member of the public. No employee or entertainer shall encourage
or permit any member of the public to caress, fondle or erotically
touch any employee or entertainer.
F. No employee or entertainer shall perform actual or simulated acts
of sexual conduct or any act which constitutes a violation of Maine
law.
G. No employee or entertainer mingling with members of the public shall
conduct any dance, performance or exhibition in or about the non-stage
area of the adult entertainment business unless that dance, performance
or exhibition is performed at a distance of no less than four feet
from any member of the public.
H. No tip or gratuity offered to or accepted by an adult entertainer
may be offered or accepted prior to any performance, dance or exhibition
provided by the entertainer. No entertainer performing upon any stage
area shall be permitted to accept any form of gratuity offered directly
to the entertainer by any member of the public. Any gratuity offered
to any entertainer performing upon any stage area must be placed into
a receptacle provided for receipt of gratuities by the adult entertainment
business or provided through a manager on duty on the premises. Any
gratuity or tip offered to any adult entertainer conducting any performance,
dance or exhibition in or about the non-stage area of the adult entertainment
business shall be placed into the hand of the adult entertainer or
into a receptacle provided by the adult entertainer, and not upon
the person or into the clothing of the adult entertainer.
I. Admission must be restricted to persons of the age of 18 years or
more. It is unlawful for any owner, operator, manager or other person
in charge of an adult entertainment business to knowingly permit or
allow any person under the minimum age specified to be in or upon
such premises.
J. Neither the performance nor any photograph, drawing, sketch or other
pictorial or graphic representation thereof displaying any portion
of the breasts below the top of the areola or any portion of the pubic
hair, buttocks, genitals, and/or anus may be visible outside of the
adult entertainment business.
K. No member of the public shall be permitted at any time to enter into
any of the nonpublic portions of the adult entertainment business,
which shall include but are not limited to the dressing rooms of the
entertainers or other rooms provided for the benefit of employees,
and the kitchen and storage areas; except that persons delivering
goods and materials, food and beverages, or performing maintenance
or repairs to the premises or equipment on the premises may be permitted
into nonpublic areas to the extent required to perform their job duties.
L. A permitted manager shall be on duty at an adult entertainment business
at all times adult entertainment is being provided or members of the
public are present on the premises. The name and permit of the manager
shall be prominently posted during business hours. The manager shall
be responsible for verifying that any person who provides adult entertainment
within the premises possesses a current and valid entertainer's
permit.
M. The consumption of alcohol or liquor, or beverages containing alcohol
or liquor, shall not be permitted on the premises for a period of
time beginning two hours prior to the use of the premises for any
activities regulated by this chapter, and extending one hour beyond
the use of the premises for any activities regulated by this chapter.
The responsibilities of the manager of an adult entertainment
business shall include, but are not limited to, the following:
A. The permitted manager on duty shall not be an entertainer.
B. The manager or an assistant manager permitted under this chapter
shall maintain visual observation of each member of the public at
all times any entertainer is present in the public or performance
areas of the adult entertainment business. Where there is more than
one performance area, or the performance area is of such size or configuration
that one manager or assistant manager is unable to visually observe,
at all times, each adult entertainer, each employee, and each member
of the public, a manager or assistant manager permitted under this
chapter shall be provided for each public or performance area or portion
of a public or performance area visually separated from other portions
of the adult entertainment business.
C. The manager shall be responsible for and shall assure that the actions
of members of the public, the adult entertainers and all other employees
shall comply with all requirements of this chapter.
The following specifications apply to the premises upon which
any adult entertainment business is licensed:
A. Performance area. The performance area of the adult entertainment
business where adult entertainment as defined herein is provided shall
be a stage or platform at least 18 inches in elevation above the level
of the patron seating areas, and shall be separated by a distance
of at least eight feet from all areas of the premises to which members
of the public have access. A continuous railing at least three feet
in height and located at least eight feet from all points of the performance
area shall separate the performance area and the patron seating areas.
The stage and the entire interior portion of cubicles, rooms or stalls
wherein adult entertainment is provided must be visible from the common
areas of the premises and at least one manager's station. Visibility
shall not be blocked or obstructed by doors, curtains, drapes or any
other obstruction whatsoever.
B. Seating. All seating that is intended to provide a view of the performance
area shall be permanently affixed and arranged facing the performance
area such that patrons have an unobstructed view of the adult entertainment.
C. Lighting. Sufficient lighting shall be provided and equally distributed
throughout the public areas of the premises so that all objects are
plainly visible at all times. A minimum lighting level of 30 lux horizontal,
measured at 30 inches from the floor and on ten-foot centers is hereby
established for all areas of the adult entertainment business where
members of the public are admitted.
D. Signs. A sign at least two feet by two feet, with letters at least
one inch high shall be conspicuously displayed in the public area(s)
of the premises stating the following:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE TOWN OF
MADISON. ENTERTAINERS ARE:
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(1)
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NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT
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(2)
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NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE EXCEPT ON STAGE
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(3)
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NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR
PERFORMANCE
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(4)
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NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING
UPON ANY STAGE AREA
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E. Recordkeeping requirements.
(1) All papers, records, and things required to be kept pursuant to this
chapter shall be open to inspection by the CEO during the hours when
the permitted premises are open for business, upon two days'
written notice. The purpose of such inspections shall be to determine
whether the papers, records, and things meet the requirements of this
chapter.
(2) Each adult entertainment business shall maintain and retain for a
period of two years the name, address, and age of each person employed
or otherwise retained or allowed to perform on the premises as an
adult entertainer, including independent contractors and their employees,
as an entertainer. This information shall be open to inspection by
the CEO during hours of operation of the business upon 24 hours'
notice to the permittee.
F. Inspections. In order to insure compliance with this chapter, all
areas of permitted adult entertainment businesses which are open to
members of the public shall be open to inspection by Town agents and
employees during the hours when the premises are open for business.
The purpose of such inspections shall be to determine if the permitted
premises are operated in accordance with the requirements of this
chapter. It is hereby expressly declared that unannounced inspections
are necessary to insure compliance with this chapter.