[HISTORY: Adopted by the Town Council of the Town of Windham 7-10-1979; amended 2-28-1989; 3-26-2013; 8-13-2019; 3-10-2020 by Order 20-072 (Ch. 153 of the 1991 Code). Subsequent amendments noted where applicable.]
No one shall operate a motion-picture theater in the Town of Windham without having obtained a license therefor from the Town Clerk as provided in this chapter.
Each application shall be accompanied by a fee according to the schedule established by the Town Council, except for the initial year when the fee will be prorated based on the number of months remaining before the next license expiration date as established in § 137-4 of this chapter.
A. 
No licensee shall exhibit any motion picture which, in whole or in part, depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
(1) 
Predominately appeals to the prurient, shameful, lustful or morbid interest in sexual conduct;
(2) 
Is patently offensive to prevailing standards in the community; and
(3) 
Is utterly without redeeming social value.
B. 
This section shall not apply to an adult business establishment operating in accordance with Chapter 120, Land Use, of the Town Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any violation of this chapter may subject the offender to a civil penalty of not more than $100 or, after notice and hearing, suspension or revocation of this license, or both.