Except as specifically defined in this section, the words and
phrases used in this chapter carry their customary dictionary meanings
unless otherwise clearly indicated by the text.
Defined as set forth in § 16.2.2 of the Town Code.
Any room, rooms, hallways, passageways, or other areas accessible
to patrons and customers within the adult entertainment establishment.
Any person, partnership, company, corporation or other entity
operating, conducting or maintaining an adult entertainment establishment.
Any booth, cubicle, room or stall within the premises of an adult entertainment establishment used to view or display any adult-oriented materials, including but not limited to films, movies, photographs, books, magazines, slides, periodicals or other printed matter, DVDs, videocassettes or reproductions of any kind, or for the use of any devices or paraphernalia which are designed for or used in connection with specified sexual activities as defined in § 16.2.2 of the Town Code.
No person operating an adult entertainment establishment may
keep for public, customer or patron use or permit or allow the use
of any viewing booth without first obtaining a license to do so from
the Town Council as provided in this section.
A.
Licensing procedure, hearing and term. Applications for a license
required by this chapter are to be made in writing to the Town Council
on forms to be provided by the Town Clerk's office, setting forth
the name and address of the applicant, owner and operator; the name
and address of the business; the number of viewing booths to be licensed;
and any other information deemed necessary and relevant by the Town.
Upon the filing of an application, the Police Chief and/or the Fire
Chief and the Code Enforcement Officer are to inspect the premises
for compliance with this chapter and any other applicable provisions
of any Town or state statute, rule, regulation or ordinance, including
the life safety and electrical codes, and report their findings along
with recommendations, if any, to the Town Council at the hearing to
be held on the application. The Town Council must grant a license
for a viewing booth(s) only upon finding, after a public hearing,
that all provisions of this chapter are met. Licenses issued pursuant
to this chapter are for a term of one year and may be renewed from
year to year by the Council upon application and after public hearing.
C.
Suspension or revocation of license. The Town Council may, after
notice to the licensee and hearing, suspend or revoke any viewing
booth license issued under this chapter upon a finding that the licensee
has violated any of the provisions of this chapter.
D.
Notice of decision. Any denial, suspension or revocation by the Town
Council must be in writing, setting forth its findings and conclusions,
and must include notification of the right to appeal. A decision is
deemed to be made for purposes of appeal periods as of the date the
written decision is dated and issued to the applicant. Proof of mailing
to the applicant at the address appearing on the application or the
latest address on file with the Town Clerk constitutes the date from
which an appeal period commences.
E.
Appeals. Any aggrieved party may appeal from any final decision of
the Town Council to the Superior Court in accordance with the provisions
of Rule 80B of the Maine Rules of Civil Procedure.
Any adult entertainment establishment having viewing booths
available for customers, patrons or any other individuals must comply
with the following requirements:
A.
Access. Viewing booths must be accessible to and from all common
areas within the interior of the adult entertainment establishment.
There must be no doors, drapes, curtains or other closures separating
any portion of the common area from any viewing booth.
B.
Construction. Every viewing booth must meet the following construction
requirements:
(1)
Each viewing booth must be arranged so that it is separated
from adjacent viewing booths by a solid wall with no view into any
adjacent booth.
(2)
Each viewing booth must be so arranged that at least one side
is totally open to an adjacent common lighted area so that there is
an unobstructed, continuous, open view from the adjacent common area
into the entire interior portion of the viewing booth. No viewing
booth may have any door, drape, curtain or any other closure over
or covering any portion of the open side.
(3)
All walls must be solid and without any openings, extending
from the floor to a height of not less than six feet, and must be
light-colored, nonabsorbent, smooth-textured and easily cleanable.
(4)
The floor of each viewing booth must be light-colored, nonabsorbent,
smooth-textured and easily cleanable.
(5)
The adjacent common area to the viewing booth must be equipped
with overhead lighting fixtures of sufficient intensity to illuminate
all areas of the adjacent common area to the same level of illumination
as that maintained in the common areas of the premises where merchandise
is displayed for sale or view.
C.
Occupants. No more than one individual is allowed to occupy a viewing
booth at any one time.
Every act or omission by an employee of the adult entertainment
establishment constituting or allowing a violation of the provisions
of this chapter is deemed the act or omission of the operator if such
act or omission occurs with the authorization, knowledge or approval
of the operator, or as a result of the operator's negligent failure
to supervise the employee's conduct to assure compliance with this
chapter, and the operator may be punished for such act or omission
in the same manner as if the operator committed the act or caused
the omission resulting in a violation of this chapter.
All adult entertainment establishments located within the Town
of Kittery providing viewing booths to its customers, patrons and
other individuals are to be open to inspection at all reasonable times
by the Police Department and/or the Code Enforcement Officer or such
other persons as the Town Council may designate to monitor compliance
with this chapter.
Any person, partnership, company, corporation or other entity which is found to have violated this chapter will be assessed a penalty under Title 1, Chapter 1.3. Each day that each such violation of this chapter continues constitutes a separate offense. Any enforcement actions will be brought in the name of the Town, and all fines recovered inure to the benefit of the Town.
Any adult entertainment establishment lawfully operating viewing
booths as part of its business enterprise as of the date of the adoption
of this chapter is allowed to continue operation without a license
as required in this chapter for a period of 60 days from the effective
date of this chapter. At the end of this sixty-day period, all viewing
booths must be licensed under this chapter. Continued unlicensed operation
constitutes a violation of this chapter.
