[Adopted as Ch. 11, Art. II, of the 1990 Code]
The following words, terms and phrases, when used in this Part 2, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless defined in this section or in the text, all words used will have their common meaning.
Any establishment or premises which is operated on a regular
basis in the following manner:
No alcoholic beverages sold on the premises.
All members, guests or members of the public must provide their
own alcoholic beverages for consumption on the premises.
Fees or other charges are imposed on all members, guests or
members of the public for admission to the premises, or for setups,
i.e., liquor mixers, cups, ice and other items associated with the
consumption of alcoholic beverages or for any other reason.
Any officer, director, stockholder, owner, manager or person
who either has a financial interest of any nature in a bottle club
or directs any policy of a bottle club.
[1]
Editor's Note: 28 M.R.S.A. § 2 was repealed by L.
1987, C. 45, § a. See now 28-A M.R.S.A. § 2.
In addition to any action which the City Council may take, violation
of any provision of this Part 2 shall be a civil violation and a fine
not exceeding $200 may be imposed. Each day that a violation continues
will be treated as a separate offense. All fines collected hereunder
shall inure to and be recovered by the City.
The hours of a bottle club shall be an opening for business
no earlier than 11:00 a.m. to closing no later than 4:00 a.m. the
following morning. During the hours that a bottle club must remain
closed, no members, guests or other persons, other than regular employees,
may be on the premises or remain therein, and the use by anyone of
the premises or facilities of the bottle club for the drinking of
alcoholic beverages during such hours when a bottle club must remain
closed is prohibited.
No person shall keep, maintain, operate, lease or otherwise
furnish, either to its members and guests or to the general public,
any premises in the City for use as a bottle club without first having
obtained a license therefor, to be issued by the City Clerk after
approval of the City Council, in accordance with this article.
The annual license fee for a bottle club shall be set from time
to time and a schedule of such fees is on file in the City Clerk's
office.
A.
Every applicant for a bottle club license shall:
(1)
Complete and file an application on a form prescribed by the City
Council;
(2)
Deposit the prescribed license fee in advance with the City Clerk;
(3)
Submit the following with the completed application to the City Clerk:
(a)
An attested copy of the articles of incorporation and bylaws
if the applicant is a corporation, or articles of association and
bylaws if the applicant is an association, or partnership documents
if the applicant is a partnership, as well as a list of all principal
officers of the bottle club.
(b)
An affidavit which will identify all principal officers, their
places of residency at the present time and for the immediately preceding
three years.
(c)
A description of the premises for which a license is desired,
which shall set forth such other material information, description,
or plan of that part of the premises where liquor will be consumed.
B.
If an application is denied or withdrawn, the license fee shall be
refunded to the applicant.
[Amended 1-6-1992 by Ord.
No. 244]
A.
Upon receipt of an application for a bottle club license:
(1)
The Code Enforcement Officer shall verify that the premises of the
proposed bottle club comply with the applicable ordinances of the
City, including, but not by way of limitation, the building code,
and report his findings in writing to the City Council.
(2)
The Health Officer shall cause inspection to be made of the proposed
location of the bottle club, for the purpose of determining whether
the applicable ordinances relating to health and safety have been
complied with. A report of his findings shall be made in writing to
the City Council.
(3)
The Police Chief shall cause an inspection to be made of the proposed
location of the bottle club, for the purpose of determining if City
ordinances concerning fire and safety have been complied with. He
shall submit a report of his findings in writing to the City Council.
B.
All reports required under this section shall be filed with the City
Clerk.
A.
After receipt of the written reports required to be submitted with
an application for a bottle club license, the City Clerk shall give
notice of a public hearing on the application, in the form and manner
and to the persons herein specified:
(1)
The notice shall include the time and place of such hearing, the
nature of the matter to be heard, and the address or location of the
property involved. Where notice by mail is required, it shall be mailed
at least seven days in advance of the hearing date, by regular United
States mail.
(2)
Notices shall be given to each of the following, with cost of posting
and mailing to be paid in advance by the applicant:
(a)
To the applicant;
(b)
To all residents of the City, by publication in a newspaper
of general circulation in the City at least once, not more than 30
days nor less than five days before the date of the hearing;
(c)
To the owners of the property within 300 feet of such parcel
or tract, by certified mail, return receipt requested.
B.
For the purpose of this section, the owners of property shall be
considered to be the parties listed by the Assessor's office of the
City as those against whom taxes are assessed. Failure of any property
owner to receive a notice of public hearing shall not necessitate
another hearing and shall not invalidate any action of the City Council.
A separate license must be obtained for each bottle club. Each
license shall authorize the operation of such an establishment only
at the location described in such license and in conformity with all
applicable ordinances and laws. No license shall be transferred to
another person or to any other location.
Every bottle club shall exhibit its license at all times in
a conspicuous place on the premises.
All licenses issued pursuant to this article shall expire on
the last day of June in each year.
In addition to the standards set forth in this article, a bottle
club license may be denied, suspended or revoked upon a determination
that:
A.
Any principal officer or employee has not attained the age of 18
years.
B.
Any principal officer has been convicted of violating any of the
laws of this state or the United States with respect to manufacture,
transportation, importation, possession or sale of intoxicating liquor
within a period of five years from the date of hearing, or otherwise
has a disqualifying criminal conviction.
C.
The premises where the applicant or licensee is to operate is situated
within 300 feet of a public or private school, school dormitory, church,
chapel or parish house, in existence as such at the time such license
is applied for. The three-hundred-foot distance shall be measured
from the principal entrance of the school, dormitory, church, chapel
or parish house to the principal entrance of the licensed premises,
by the ordinary course of travel.
D.
The premises where applicant or licensee is to operate is located
in a location which could create a traffic hazard and/or have an adverse
health and/or safety effect on the neighboring properties.
An appeal from any final decision of the City Council under
this article shall be taken by any party to the Superior Court, in
accordance with the provisions of Rule 80B of the Maine Rules of Civil
Procedure.
