[HISTORY: Adopted by the Board of Selectmen of the Town of
Kennebunkport 2-22-1979; amended 1-24-2002; 7-9-2020. Subsequent amendments noted where applicable.]
For the purposes of these Rules and Regulations, the following
terms shall have the meanings indicated:
Includes any amusement, performance, exhibition or diversion
for patrons or customers of the licensed premises, whether provided
by professional entertainers or by full-time or part-time employees
of the licensed premises whose incidental duties include activities
with an entertainment value.
Includes the holder of a license issued under the alcoholic
beverages statutes of the State of Maine,[1] or any person, individual, partnership, firm, association,
corporation or other legal entity, or any agent or employee of any
such licensee acting on behalf of any such licensee or left in charge
of or in control of such licensee's premises.
[1]
Editor's Note: See Title 28-a, Liquors, of the Maine Revised
Statutes Annotated.
A.
No licensee for the sale of liquor to be consumed on his licensed
premises shall permit, on his licensed premises, any music except
radio or other mechanical device, any dancing or entertainment of
any sort unless the licensee shall have first obtained from the Town
of Kennebunkport a special amusement permit signed by a majority of
the Board of Selectmen.
B.
Applications for all special amusement permits shall be made in writing
to the Board of Selectmen and shall state the name of the applicant,
his residence address, the name of the business to be conducted, his
business address, the nature of his business, the location to be used,
all places of residence of the applicant during the past five years,
whether the applicant has ever had a license to conduct the business
therein described either denied or revoked and, if so, the applicant
shall describe those circumstances specifically, whether the applicant,
including all partners or corporate officers, has ever been convicted
of a felony and, if so, the applicant shall describe specifically
those circumstances, and any additional information as may be needed
by the Board of Selectmen in issuing of the permit, including but
not limited to a copy of the applicant's current liquor license.
C.
No permit shall be issued for any thing, or act, or premises, if
the premises and building to be used for the purposes do not fully
comply with all ordinances, articles, bylaws, or rules and regulations
of the Town of Kennebunkport.
D.
The fee for a special amusement permit shall be as set by the Board
of Selectmen.
E.
The Board of Selectmen shall, prior to granting a permit and after
reasonable notice to the Town of Kennebunkport and the applicant,
hold a public hearing at which testimony of the applicant and that
of any interested members of the public shall be taken.
F.
The Board of Selectmen 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.
G.
A permit shall be valid only for the license year of the applicant's
existing liquor license.
A.
Tumultuous conduct. The licensee shall not knowingly allow on any
licensed premises any person or persons to disturb, tend to disturb
or aid in disturbing the peace of others of ordinary sensibilities
or to be disorderly by violent, tumultuous, offensive or obstreperous
conduct; or to permit or gather a crowd or audience or patrons to
witness any entertainment, amusement or show as to create a dangerous
condition because of fire or other risks in derogation of the public
health, comfort, convenience, safety or welfare.
B.
Riots. The licensee shall not allow on any licensed premises any
public entertainment or amusement or show of any kind which tends
to or is calculated to cause or promote any riot or disturbance.
C.
Unnecessary noise. The licensee shall not allow on any licensed premises
the making, creation or maintenance of excessive or unnecessary or
unnatural or unusually loud noise which disturbs, annoys, injures
or prejudices or endangers the comfort, repose, health, peace or safety
of individuals of ordinary sensibilities or the public in general,
or the property rights of others and which noises affect and are a
detriment to public health, comfort, convenience, safety, welfare
or the prosperity of the residents of Kennebunkport.
D.
Nuisances. The licensee shall not allow any licensed premises to
be conducted or operated as to amount to a nuisance in fact under
any ordinances, or any sections of any ordinances, articles, bylaws
or rules and regulations of Kennebunkport, or under any statutes of
the State of Maine.
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 are
reasonably necessary to secure compliance with any ordinance provision
or to detect violations thereof, it shall be the duty of the licensee,
or the person in charge of the premises to be inspected, to admit
thereto for the purpose of making the inspection any officer, official
or employee of the Town of Kennebunkport who is authorized or directed
by the Board of Selectmen to make such inspection at any reasonable
time that admission is requested.
B.
In addition to any other penalty which may be provided, the Board
of Selectmen may revoke the license and/or the special amusement permit
of any licensee in the Town of Kennebunkport who refuses to permit
any such officer, official or employee who is authorized to make such
inspection, or who interferes with such officer, official or employee
while in the performance of his duty in making such inspection.
The Board of Selectmen may, after a public hearing preceded
by notice to interested parties, deny, suspend or revoke any special
amusement permits which have been issued or are to be issued under
these Rules and Regulations on the grounds that the music, dancing,
or entertainment so permitted constitutes a detriment to the public
health, safety or welfare or violates any Town of Kennebunkport ordinances,
or sections of any ordinances, articles, bylaws or rules and regulations.
A.
Application. The requirements of this section apply to both new and
existing places of assembly.
(1)
Exception No. 1: Where otherwise stated.
(2)
Exception No. 2: An existing building housing an assembly occupancy
established prior to the effective date of these Rules and Regulations
may have its use continued if it conforms or is made to conform to
the provisions of these Rules and Regulations to the extent that,
in the opinion of the Board of Selectmen, reasonable life safety against
the hazards of fire, explosions and panic is provided and maintained.
B.
Occupant load.
(1)
The occupant load permitted in any assembly building, structure or
portion thereof shall be determined by dividing the net floor area
or space assigned to that use by the square feet per occupant as follows:
15 square feet per person.
(2)
The occupant load permitted in a building or portion thereof may be increased above that specified in § 346-6B(1) if the necessary aisles and exits are provided subject to the approval of the Board of Selectmen. An approved aisle, exit and/or seating diagram may be required to substantiate an increase in occupant load.
A.
Types of exits. Exits of the specified number and width shall be
of one or more of the following types:
(1)
Doors of the swinging type leading directly outside or to a lobby
or passageway leading to the outside of the building.
(2)
Horizontal exits.
(3)
Interior stairs.
(4)
Outside stairs. Same requirement as for interior stairs, including
intermediate handrails on monumental stairs serving main entrance
doors.
(5)
Exit passageways.
B.
Means of egress.
(1)
Each establishment shall have at least two means of egress, consisting
of separate exits or doors leading to a corridor or other spaces giving
access to two separate and independent exits in different directions.
(2)
Exits shall be remote from each other and shall be arranged to minimize
the possibility that they may be blocked by any emergency.
(3)
Panic hardware. All exit doors must be provided with panic hardware.
(4)
Illumination of means of egress shall be provided in accordance with
NFPA 101.
(5)
Emergency lighting. All places of assembly and their means of egress
shall be provided with emergency lighting in accordance with NFPA
101.
(6)
Marking of means of egress. Means of egress shall have signs in accordance
with NFPA 101.
A.
Equipment maintenance.
(1)
All exit lighting, emergency lighting and panic hardware shall be
continuously in proper operation condition.
(2)
Any equipment requiring test or periodic operation to assure its
maintenance shall be tested or operated as directed by the authority
having jurisdiction.
(3)
Systems shall be under the supervision of a responsible person who
shall cause proper tests to be made at specified intervals and have
general charge of all alterations and additions.
B.
Furnishings, decorations. Furnishings or decorations of an explosive
or highly flammable character shall not be used.
A.
Any licensee requesting a special amusement permit from the Board
of Selectmen shall be notified in writing of its decision no later
than 15 days from the date his request was received. In event that
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.
B.
Any licensee who has requested a permit 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 Town of Kennebunkport
Zoning Board of Appeals. The Zoning 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 not based by a preponderance
of the evidence on a violation of or an infraction of any ordinance,
article, bylaw or rule or regulation of the Town of Kennebunkport.
Whoever violates any of the provisions of these Rules and Regulations
shall be punished by a fine of not more than $100 for the first offense,
and up to $500 for subsequent offenses, to be recovered, on complaint,
to the use of the Town of Kennebunkport.
The invalidity of any provisions of these Rules and Regulations
shall not invalidate any other part.
The effective date of these Rules and Regulations shall be February
22, 1979.
