[Added 4-6-2015]
As used in this article, the following terms shall have the
meanings indicated:
A facility operated on a regular, profit or nonprofit basis
for social activities in which members or guests provide their own
liquor, where no liquor is sold on the bottle club premises, which
maintains suitable facilities for the use of members on a regular
basis or charges an admission fee to members or the general public
and where members, guests or others are regularly permitted to consume
liquor. As used in this definition, "regularly" includes daily, weekly
or monthly, but does not include once a year or less often.
Includes all parts of contiguous real estate occupied by
the bottle club over which the bottle club owner has direct or indirect
control or interest and which the bottle club owner uses in the operation
of the bottle club.
No person, firm or corporation shall operate a bottle club as herein defined without obtaining and maintaining a valid bottle club license. Licenses shall be obtained in accordance with the requirements of Article I of this chapter. Once issued, the license shall be posted in a conspicuous place at the licensed premises.
No bottle club shall be located within 300 feet of any residence,
public or private school, school dormitory, church or parish house
in existence at the time that the bottle club license application
is submitted. For purposes of this section, the distance shall be
measured from the main entrance of the residence, school, school dormitory,
church or parish house by the ordinary course of travel.
The municipal officers shall hold a public hearing on any application
for a new bottle club or application for the transfer of location
of an existing bottle club. The municipal officers shall provide public
notice of a hearing held under this section, with the cost of the
notice to be paid by the applicant. The notice shall include the name
and proposed location of the bottle club and the name and place of
the hearing and shall appear for at least three consecutive days before
the date of the hearing in a daily newspaper or for two consecutive
weeks before the hearing date in a weekly newspaper.
In granting or denying an application, the municipal officers
shall indicate the reasons for their decision and provide a copy to
the applicant. An application may be denied on one or more of the
following grounds:
A.
Conviction of the applicant of any Class A, Class B or Class C crime.
B.
Noncompliance of the bottle club with any zoning or other land use
ordinance not related directly to liquor control.
C.
Conditions of record such as waste disposal violations, health or
safety violations or repeated parking or traffic violations on or
in the vicinity of the bottle club and caused by persons patronizing
or employed by the bottle club or other such conditions that unreasonably
disturb, interfere with or affect the ability of persons or businesses
residing or located in the vicinity of the bottle club to use their
property in a reasonable manner.
D.
Repeated incidents of record of breaches of the peace, disorderly
conduct, vandalism or other violations of law at or in the vicinity
of the bottle club and caused by persons patronizing or employed by
the bottle club.
E.
A violation of any provisions of Title 28-A of the Maine Revised
Statutes.
F.
In the case of corporate applicants, ineligibility or disqualification
under 28-A M.R.S.A. § 601 of any officer, director or stockholder
of the corporation.
G.
Location of the bottle club at any amusement area, beach or other
area designed primarily for the use of minors.
Any applicant aggrieved by a decision of the municipal officers
may file an appeal as set forth in 28-A M.R.S.A. § 161-B.
The bottle club premises shall be closed and vacated by members
and guests each day from 1:00 a.m. to 9:00 a.m. During the hours that
the bottle club must remain closed, no members, guests or other persons
may be on, or remain in, the premises, except for the regular employees
of the bottle club. The drinking of alcoholic beverages on the bottle
club premises during such hours is prohibited.
The entrance to every bottle club shall be plainly marked "Bottle
Club, Members and Guests Only." The bottle club shall remain unlocked
during all hours of operation.
The consumption of alcoholic beverages shall be limited to the
interior of a fully enclosed structure. No consumption of alcoholic
beverages shall be allowed to occur out-of-doors on the premises of
the bottle club.
The operator of any bottle club is responsible for compliance
with the requirements of 28-A M.R.S.A. § 161 and all other
applicable requirements of state law. Access shall be provided to
law enforcement officers as required by 28-A M.R.S.A. § 161(7).
