[HISTORY: Adopted by the Town Council of the Town of Winslow as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-1978 by Ord. No. 12-1978 (Ch. 5, Art. IV, of the 1976 Code)]
Division 1 Generally
This article shall be known and may be cited as the "Special Amusement Ordinance" of the Town of Winslow, Maine.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The purpose of this article is to control the issuance of special permits for music, dancing or entertainment in facilities licensed by the State of Maine to sell liquor as required by 28-A M.R.S.A. § 1054.
As used in this article, the following terms shall have the meanings indicated:
ENTERTAINMENT
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.
LICENSEE
Includes the holder of a license issued under the Alcoholic Beverages Statutes of the State of Maine, or any person, individual, partnership, firm, association, corporation, or other legal entity, or any agent, or employee of any such licensee.
Division 2 Permit
A. 
No licensee for the sale of liquor to be consumed on the licensed premises shall permit, on the 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 Winslow a special amusement permit signed by at least a majority of the municipal officers.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Applications for all special amusement permits shall be made in writing to the municipal officers 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; 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 municipal officers in the 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 anything, 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 municipality.
D. 
The fee for a special amusement permit shall be $10.
E. 
The municipal officers shall, prior to granting a permit and after reasonable notice to the municipality and the applicant, hold a public hearing within 15 days of the date of the request was received, at which the testimony of the applicant and that of any other interested member of the public shall be taken.
F. 
The municipal officers shall grant a permit unless they find that the 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. 
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 municipality 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 any authorized officer, official, or employee of the municipality requesting the same sufficient samples of the material or commodity for analysis.
C. 
In addition to any other penalty which may be provided, the municipal officers may revoke the special amusement permit of any licensee in the municipality 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 the inspection.
The municipal officers may, after a public hearing preceded by notice to interested parties, suspend or revoke any special amusement permits which have been issued under this article on the grounds that the music, dancing, or entertainment so permitted constitutes a detriment to the public health, safety, or welfare, or violates any municipal ordinances, articles, bylaws, or rules and regulations.
A. 
The municipal officers are hereby authorized, after public notice and hearing, to establish written 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.
B. 
Such rules and regulations shall be additional to and consistent with all sections of this article.
A. 
Any licensee requesting a special amusement permit from the municipal officers shall be notified in writing of their decision no later than 15 days from the date his request was received. In the event that a licensee is denied a permit, the licensee shall be provided with 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 municipal board of appeals as defined in 30-A M.R.S.A. § 2691. 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 rule or regulation of the municipality.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A licensed hotel, Class A restaurant, Class A tavern or restaurant malt liquor licensee who has been issued a special amusement permit may charge admission in designated areas approved by the municipal special amusement permit.
[Amended 12-11-1978 by Ord. No. 17-1978]
Whoever violates any of the provisions of this article shall be punished by a fine of not more than $50 for the first offense, and up to $100 for the subsequent offenses, to be recovered, on complaint, to the use of the Town of Winslow.