[Ord. No. 42-1995, §§ 103, 203, 3-13-1995]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any amusement, performance, exhibition or diversion for patrons
or customers of the licensed premises, whether provided by amateur
or professional entertainers or by full-time or part-time employees
of the licensed premises whose incidental duties include activities
with an entertainment value.
The appearance of a person under the licensee's control,
and on the licensee's premises, in such a manner or attire as
to expose to view any portion of the pubic area, anus, buttocks, vulva
or genitals or any simulation thereof, or when any dancer appears
on a licensee's premises in such a manner or attire as to expose
to view any portion of the breast referred to as the areola or nipple,
or simulation thereof. For purposes of this subsection, the term "expose
to view" shall be interpreted to include, without limitation, clear
clothing, see-through clothing or clothing which is otherwise non-opaque.
The holder of a license issued under 28-A M.R.S.A. § 1
et seq., the alcoholic beverages statutes of the state, or any person,
individual, partnership, firm, association, corporation, or other
legal entity, or any agent or employee of any such licensee.
Is defined as follows:
The average person applying contemporary community standards
would find that taken as a whole the activity appeals to the prurient
interest in sex;
The activity depicts patently offensive representations of ultimate
sexual acts, normal or perverted, actual or simulated, including sexual
intercourse, sodomy and sexual bestiality; or depicts patently offensive
representations of masturbation, excretory functions, sadism, masochism,
the male or female genitals in a state of sexual stimulation or arousal,
or covered male genitals in discernibly turgid state; and
The activity, taken as a whole, lacks serious literary, artistic,
political or scientific value.
So offensive on its face as to be intolerable to the average
person, applying contemporary community standards.
A shameful or morbid interest in sex.
[Ord. No. 42-1995, § 301, 3-13-1995]
The violation of any provision of this division shall be punished
by a civil penalty, payable to the City, of not less than $500 and
not more than $2,500 for each offense. Each act of violation and every
day upon which any such violation occurs shall constitute a new and
separate offense. In addition to such penalty, the City may enjoin
or abate any violation of this division by appropriate action. In
addition to such penalty, if the court finds for the City, the City
shall recover its costs of suit, including reasonable experts'
fees, reasonable attorneys' fees and reasonable and necessary
investigative costs.
[Ord. No. 42-1995, § 102, 3-13-1995]
The purpose of this division is to control the issuance, suspension
and revocation of special permits for music, dancing, live sporting
exhibitions or entertainment in facilities licensed by the state to
sell liquor under 28-A M.R.S.A. § 1051 et seq., and to protect
health, safety and welfare without infringing on protected First Amendment
rights.
[Ord. No. 42-1995, § 204, 3-13-1995]
The City council is hereby authorized, after public notice and
hearing, to establish additional 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 shall be additional to and
consistent with all sections of this division.
[Ord. No. 42-1995, § 201, 3-13-1995]
No licensee for the sale of liquor in the City to be consumed
on licensed premises shall permit on licensed premises any music,
except a radio or other mechanical device, or any dancing, live sporting
exhibitions or entertainment, unless the licensee shall have first
obtained from the City a special amusement permit signed by at least
a majority of the City council.
[Ord. No. 42-1995, § 201, 3-13-1995]
(a)
Applications for special amusement permits shall be made in writing
to the City council and shall state:
(1)
The name of the applicant;
(2)
The applicant's residence address;
(3)
The name of the business to be conducted;
(4)
The applicant's business address;
(5)
The nature of the applicant's business;
(6)
The location to be used;
(7)
Whether the applicant has ever had a license to conduct the business
therein described either denied, suspended or revoked, and, if so,
the applicant shall describe those circumstances specifically;
(8)
Whether the applicant, including all partners or corporate officers,
has ever been convicted of a criminal offense punishable by imprisonment
for any period of time, and, if so, the applicant shall describe specifically
those circumstances; and
(9)
Any additional information as may be needed or requested by the City
council in the issuing of the permit, including but not limited to
a copy of the applicant's current liquor license.
(b)
The fee for a special amusement permits shall be $25. The applicant
shall pay the costs of public hearings.
[Amended 12-3-2013]
[Ord. No. 42-1995, § 201, 3-13-1995]
(a)
The City council shall, prior to granting a permit under this division
and after reasonable notice to the City and the applicant, hold a
public hearing within 30 days of the date of the request received,
at which the testimony of the applicant and that of any interested
members of the public shall be taken.
(b)
The City council shall grant a permit unless it finds that issuance
of the permit will be detrimental to the public health, safety or
welfare, or would violate municipal ordinances or rules and regulations,
articles, or bylaws.
(c)
A permit shall be valid only for the license year of the applicant's
liquor license.
[Ord. No. 42-1995, § 201, 3-13-1995]
No permit shall be issued under this division for any thing
or act or premises if the premises and building to be used for the
purpose do not fully comply with all ordinances, articles, bylaws,
or rules and regulations of the City.
[Ord. No. 42-1995, § 205.1, 3-13-1995]
Any licensee requesting a special permit from the municipal
officers shall be notified in writing of the decision of the City
council no later than 15 days from the date the City council received
the permit application, which shall be deemed to take place on the
date of the hearing. If a licensee is denied a permit, the licensee
shall 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 which has been denied.
[Ord. No. 42-1995, § 203, 3-13-1995]
(a)
Generally. The City council may, after a public hearing preceded
by notice to the licensee, suspend or revoke any special amusement
permits which have been issued under this division on the grounds
that the music, dancing, live sporting exhibitions or entertainment
so permitted constitute a detriment to the public health, safety,
or welfare, or violate any municipal ordinances, articles, bylaws,
rules, or regulations, or the provisions of this division.
(b)
Additional grounds. In addition to the general standards for suspension or revocation as identified in subsection (a) of this section, a permit may be denied, suspended or revoked upon a determination of the existence of one or more of the following grounds:
(1)
The applicant has failed to fully complete the application forms,
knowingly made an incorrect statement of a material nature on such
a form, failed to supply any additional documentation required or
reasonably necessary to determine whether such permit is issuable,
or failed to pay any fee required under this division;
(2)
The permitted activity, or persons on the premises for purposes of
participating in a permitted activity, or persons patronizing licensed
premises, have caused one or more breaches of the peace;
(3)
There is a clear and immediate danger that a breach of the peace
will occur if the permitted activity is permitted;
(4)
The permitted activity of persons patronizing the permitted premises
will substantially adversely affect the peace and quiet of the neighborhood
or a substantial portion thereof;
(5)
The permit licensee has violated any provision of this division in
the conduct of the activity for which the permit has been applied
for or has been issued;
(6)
There has been an occurrence of any event subsequent to issuance
of the permit which would have been a basis for denial of the permit;
this shall be grounds for revocation of the permit;
(c)
Hearing on suspension or revocation.
(1)
Except as expressly provided in this division, no permit to which
this division applies may be revoked or suspended without prior notice
to the licensee and after a hearing.
(2)
In the case of the suspension or revocation of a permit, a hearing
shall be given to the licensee and a generalized statement of the
nature of the complaint constituting the basis for the proposed action
shall be included in the notice of hearing. Unexcused failure of a
licensee to appear at the hearing shall be deemed a waiver of the
rights to the hearing.
(3)
Upon a determination that immediate and irreparable harm will be
suffered by the public prior to the time that a hearing on suspension
or revocation of a permit can be scheduled and a finding of probable
cause for suspension or revocation, the City council may suspend a
permit pending hearing, effective upon the giving of actual notice
to the licensee, provided that the City council shall give an opportunity
to be heard as soon as practicable thereafter. At any hearing, the
licensee shall be given the opportunity to answer the complaint and
to present evidence. Any complainant shall also be notified of the
hearing and given the opportunity to be heard.
(4)
All denials, suspensions or revocations shall be upon substantial
evidence and hearings shall be conducted with substantial fairness
and strict adherence to the rules of evidence shall not be required.
[Ord. No. 42-1995, § 205.2, 3-13-1995]
(a)
Any licensee who has requested a permit under this division 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
to the municipal board of appeals as defined in 30-A M.R.S.A. § 2691.
(b)
The municipal 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
City.
[Ord. No. 42-1995, § 202, 3-13-1995]
(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 shall be 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 City 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
shall be the duty of the licensee, or the person in charge of the
premises, to give to any authorized officer, official, or employee
of the City requesting such samples sufficient samples of the material
or commodity for analysis.
(c)
In addition to any other penalty which may be provided, the City
council may revoke the special amusement permit of any licensee in
the City 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 duty; provided that no license or special amusement
permit shall 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 it is sought to make inspection.
[Ord. No. 42-1995, § 204, 3-13-1995]
The following regulations apply to any and all entertainment
for which a special amusement permit is sought or issued where such
entertainment includes exotic dancing:
(1)
No dancer shall dance in the premises except on a raised platform
intended for that purpose which is raised at least two feet from the
floor.
(2)
No dancer shall dance closer than five feet to any patron.
(3)
There shall be no fondling, mingling or caressing on the premises
between any patron and any dancer.
(4)
The licensee shall provide on the premises a separate dressing room
and toilet facilities for use by dancers only.
(5)
Dancers on the premises who remove any outer garments shall not toss
or throw those outer garments at or in the direction of patrons.
(6)
No one under 18 years of age shall be permitted on the premises or
portion of the premises where a performance by dancers is conducted
during any such performance.
(7)
Any premises upon which entertainment including dancers is proposed
to be conducted shall be located at least 100 feet from any church,
school or City park.
(8)
There shall be no visual evidence on the exterior of any licensed
facility of the dancers, either live or simulated.
(9)
Any entertainment, including dancers, on the premises shall begin
no sooner than 10:00 p.m.
[Ord. No. 42-1995, § 203, 3-13-1995]
It shall be unlawful and a violation of this division to present
or allow to be presented any obscene dancing or obscene entertainment
of any sort.
[Ord. No. 42-1995, § 206, 3-13-1995]
A licensed hotel, class A restaurant, class A tavern or restaurant
malt liquor licensee that has been issued a special amusement permit
may charge admission in designated areas approved by the municipal
special amusement permit.
