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Town of Kittery, ME
York County
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Table of Contents
Table of Contents
The purpose of this chapter is to control the issuance of special permits for music, dancing or entertainment in facilities licensed by the State of Maine to sell liquor as required by 28-A M.R.S. § 1054.
For purposes of this chapter, the following terms shall have the meanings indicated:
ENTERTAINMENT
Includes 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.
LICENSEE
Includes the holder of a license issued under the alcoholic beverages statutes of the State of Maine, or any person, individual, partnership, firm, association, corporation or other legal entity, or any agent or employee of any such licensee.
A. 
No licensee for the sale of liquor to be consumed on his/her licensed premises may permit on his/her licensed premises any music, except radio or other mechanical device, any dancing or entertainment of any sort unless the licensee has first obtained from the Town a special permit signed by at least a majority of the municipal officers.
B. 
Applications for all special amusement permits are made in writing to the municipal officers and must state the name of the applicant; his/her residence address; the name of the business to be conducted; his/her business address; the nature of his/her business; the location to be used; whether the applicant has ever had a license to conduct the business therein described either denied or revoked and, if so, to describe those circumstances specifically; whether the applicant, including all partners or corporate officers, has ever been convicted of a felony and, if so, the applicant is to describe specifically those circumstances; and any additional information as may be needed by the municipal officers in the issuing of the permit, including but not limited to a copy of the applicant's current liquor license.
C. 
No permit maybe issued for any thing or act or premise, if the premises and building to be used for the purposes do not fully comply with all ordinances, statutes and regulations of the Town and the State of Maine. Upon receipt of the application, the municipal officers will refer the same to the Code Enforcement Officer for a determination to assure compliance with such ordinances, statutes and regulations. The Code Enforcement Officer shall advise the Council as to determination of the same.
D. 
The fee for a special amusement permit is set out in Appendix A.[1]
[1]
Editor's Note: See § A-7.
E. 
The municipal officers shall hold a public hearing within 15 days of the date of the request received, at which the testimony of the applicant and that of any interested members of the public is taken. The applicant shall be notified of the hearing date, and the Council must cause to be published in a newspaper of general circulation within the Town notice of the hearing at least seven days prior to the hearing date.
F. 
The municipal officers are to grant a permit, unless they find that issuance of the permit will be detrimental to the public health, safety or welfare, or would be in violation of any Town or state ordinance, rules and regulations.
G. 
A permit is valid only for the license year of the applicant's existing liquor license.
A. 
Whenever inspections of the premises used for or in connection with the operation of a licensed business which has obtained a special amusement permit are provided for or required by ordinance or state law, or are reasonably necessary to secure compliance with any ordinance provision or state law, it is the duty of the licensee or the person in charge of the premises to be inspected to admit any officer, official or employee of the municipality authorized to make the inspection at any reasonable time that admission is requested.
B. 
Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or state law, it is the duty of the licensee or the person in charge of the premises to give to any authorized officer, official or employee of the municipality requesting the same sufficient samples of the material or commodity for analysis.
C. 
In addition to any other penalty which may be provided, the municipal officers may revoke the special amusement permit of any licensee in the municipality who refuses to permit any such officer, official or employee to make an inspection or take sufficient samples for analysis or who interferes with such officer, official or employee while in the performance of his/her duty. No license or special amusement permit may be revoked unless written demand for the inspection or sample is made upon the licensee or person in charge of the premises at the time the request for the inspection is made.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
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 chapter 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 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. Such rules and regulations are in addition to and must be consistent with all sections of this chapter.
A. 
Any licensee requesting a special amusement permit from the municipal officers must be notified in writing of their decision no later than 15 days from the date the request was received. In the event that a licensee is denied a permit, the licensee must be provided with the reasons for the denial in writing. The licensee may not reapply for a permit within 30 days after an application for a permit has been denied.
B. 
Any licensee who has requested a permit and has been denied, or whose permit has been revoked or suspended, may within 30 days of the denial, suspension or revocation appeal the decision as provided in 30-A M.R.S. § 2691. The 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 by a preponderance of the evidence on a violation of any ordinance, article, bylaw or regulation of the municipality.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
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.
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).