Definitions. As used in this section, unless the context otherwise
indicates, the following items have the following meanings:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion-picture machines,
projectors, video or laser disc players or other image-producing devices
are maintained to show images to five or fewer persons per machine
at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment where greater than 50% of its
floor area or stock-in-trade is the offering for sale or rental for
any form of consideration any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; or
(2)
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexually activities or specified anatomical areas and still be categorized
as an adult bookstore, adult novelty store, or adult video store.
Such other business purposes will not serve to exempt such commercial
establishments from being categorized as an adult bookstore, adult
novelty store, or adult video store so long as greater than 50% of
its floor area or stock-in-trade is the offering for sale or rental
for consideration the specified materials which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
(1)
Persons who appear in a state of nudity or seminude; or
(2)
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
(3)
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions; or
(2)
Offers a sleeping room for rent for a period of time that is
less than four hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than four hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminude, or live performances which are characterized
by the exposure of specified sexual activities.
ESTABLISHMENT
Includes any of the following:
(1)
The opening or commencement of any sexually oriented business
as a new business;
(2)
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
(3)
The additions of any sexually oriented business to any other
existing sexually oriented business; or
(4)
The relocation of any sexually oriented business.
PERMITTEE
A person in whose name a permit to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a permit.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
REGULARLY
A recurring and/or substantial course of conduct.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
(1)
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display of harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling; or distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of the State of Maine, other states or
countries, for which:
(a)
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(b)
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(c)
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any twenty-four-month period.
(2)
The fact a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1)
The erotic touching or display of human genitals, pubic region,
buttocks, anus, or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
(3)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) and
(2) above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
(3)
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business.