[HISTORY: Adopted by the 1981 Town Meeting of the Town of
Salem; amended March 1997 (Ch. 214 of the 1995 Code). Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Entertainment establishments — See Ch. 247.
A.
The Selectmen are authorized and empowered to issue licenses to and
collect the prescribed fees from persons engaged in the following
businesses:
B.
The Selectmen shall adopt written regulations and/or guidelines consistent
with this chapter governing the terms and conditions under which licenses
may be issued hereunder.
C.
All of the above licenses must be renewed annually by April 1.
This chapter has been enacted pursuant to the authority granted
the Town by RSA 31:39 (regulation of dance halls and skating rinks),
RSA 31:41 (outdoor movie theaters), RSA 31:41-d and 31:42 (coin-operated
amusement devices), RSA 286 (pool tables for hire and bowling alleys),
and RSA 31:41-a (motor vehicle racetracks).
It shall be unlawful to operate a dance hall, roller-skating
rink, motor vehicle racetrack, outdoor movie theater, bowling alley,
pool table for hire or penny arcade in the Town of Salem without having
first obtained a license therefor from the Board of Selectmen.
A.
Before issuing a license, the Selectmen shall determine that the
proposed activity does not violate any zoning, building, health or
other Town regulation or ordinance and that the licensed activity
will not be conducted in such a way as to create a public nuisance
by excessive noise, congregation of patrons, parking or traffic congestion
or otherwise.
B.
To receive a license, all penny arcades must conform to the following
standards:
(1)
All areas of the establishment to which the public is admitted (excluding
rest rooms) shall be open to view from the common areas of the premises.
No booths, cubicles, rooms, or stalls shall be constructed such that
visibility into the interior is obscured or blocked by doors, curtains,
partitions, drapes or any other obstruction whatsoever.
(2)
Overhead lighting shall be used to illuminate all areas to which
the public is permitted access.
C.
Dance halls or public dances.
(1)
To receive a license, no dance hall or establishment where public
dances are held shall permit the following acts to occur:
(a)
No employee of any person conducting public dances shall be unclothed
or in such less than opaque and complete attire, costume or clothing
so as to appear in a state of nudity.
(b)
No employee mingling with patrons of an establishment conducting public dances shall be unclothed or in such attire, costume or clothing as is described in Subsection C(1)(a) above.
(c)
No employee shall encourage or knowingly permit any person upon the
premises to engage in sexual conduct as defined by RSA 650:1, VI.
(d)
No employee shall perform acts of or acts which simulate sexual conduct
as defined by RSA 650:1, VI.
(e)
No employee shall use artificial devices or inanimate objects to
depict any of the prohibited activities described in this section.
(2)
EMPLOYEE
STATE OF NUDITY
For purposes of this subsection, the following terms shall have the
meanings indicated:
Any and all persons, including entertainers, dancers, or
independent contractors, who work in or at or render any services
directly related to the operation of a public dance hall.
The appearance or display of male or female genitals, buttocks
or the female breast.
Upon proper notice to the licensee, the Selectmen may conduct
a public hearing to determine whether or not the licensee has violated
the requirements and/or standards of this chapter. Upon a finding
by the Selectmen that the licensee has violated the requirements and/or
standards of this chapter, the Board of Selectmen may revoke any license
issued under this chapter.
Fines for violation of the provisions of this chapter, as adopted
by the Board of Selectmen, are on file with the Town Manager and on
the Town of Salem website. Fines shall not exceed the maximum penalty
established pursuant to RSA 31:39, III.
As used in this chapter, the following terms shall have the
meanings indicated:
Any commercial establishment where dancing, whether to live
or recorded music, by the patrons is permitted without regard to whether
admission is by membership or otherwise or to whether the primary
business of the commercial establishment is to provide a place for
public dancing.
Such sound that is of a volume and/or intensity above the
normal level prevailing in an area where a commercial establishment
is located, when the establishment is not in operation, as to have
a significant adverse impact on abutting neighbors or the general
public.
A place where there are more than three coin- or slug-operated
machines for amusement. This shall also include machines that have
been altered to eliminate the use of coins or tokens by prepayment.
