The purpose of this article is to regulate special amusement permits pursuant to 28-A MRS § 1054. These regulations ensure that music, dancing, and entertainment within establishments licensed for the sale of liquor or malt liquor occur in a manner consistent with public health, safety, and welfare, maintain compatibility with surrounding uses, and preserve the character of the Town of Bar Harbor.
[HISTORY: Adopted by the Town Council of the Town of Bar Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-1990 as § 08.04 of the 1990 Code; amended 5-21-1996; 10-5-1999; 6-4-2003 by Ord. No. 2003-2; 3-17-2026 by Ord. No. 2026-03]
The following definitions apply to this article and do not affect the meanings of words or terms in any other article of this Code. As used in this article, the following terms shall have the meanings indicated:
A verbal or written notice received by the Police Department from a member of the public or from a police officer that, in the opinion of the complainant, the licensee violated this article.
The practical unit of measurement for sound-pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated dB. The abbreviation dB(A) shall refer to readings taken on the A-weighted scale.
Any amusement, performance, exhibition or diversion for patrons or customers of the licensed premises, whether provided by professional or amateur entertainers, by patrons, or by full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value including live music, music played by a disc jockey, and karaoke.
The holder of a license issued pursuant to the provisions of 28-A M.R.S.A., Liquors, as amended, or any person, individual, partnership, firm, association, corporation or other legal entity acting as agent or employee of any holder of said license.
Person in charge of the licensed premises with contact information listed on the application, available to be on-site within 30 minutes.
No holder of a State of Maine on-premise license for the sale of liquor or malt liquor shall permit entertainment on said licensed premises unless the licensee shall have first obtained a special amusement permit from the Town Council.
The Council may issue permits in one or more of the following classes:
Class A - Indoor non-amplified entertainment.
Class B - Indoor amplified entertainment or dancing.
Class C - Outdoor non-amplified entertainment.
Class D - Outdoor amplified entertainment.
A.
Filing periods. All applications for new or renewed Special Amusement Permits shall be filed with the Office of the Town Clerk. The Town will conduct regular filing periods each year as specified in the Town Council Policy on Disposition of Special Amusement Permits.
B.
Departmental review. Upon receipt of a complete application, the Town Clerk shall forward for review and comment to:
(1)
Police Department to determine compliance of proposed amusement with laws and ordinances.
(2)
Fire Department to verify compliance with life-safety requirements.
(3)
Code Enforcement to verify that no outstanding code violations exist at the licensed premises and that the proposed activity complies with applicable codes. Staff will also note the zoning district of the licensed premises and whether any abutting properties within 300 feet are within a different district.
(4)
Finance Department to confirm all Town accounts for the licensed premises are current.
(5)
Others as deemed necessary by the Town Manager.
All departmental comments shall be completed on a form provided for by the Town Clerk, and returned to the Town Clerk for inclusion in the application record to be submitted to the Town Council.
C.
Public hearing. The Town Council shall hold a public hearing on each new or modified permit during the regular licensing cycle. Notice of the hearing shall include:
(1)
Notice published in a newspaper of general circulation in the Town of Bar Harbor at least seven days prior to the hearing.
(2)
Written notice to owners of land within 300 feet of the applicant's premises sent by United States Mail, first class postage prepaid, mailed at least seven days prior to the hearing.
A.
Review and findings. The Town Council shall review each complete application at a duly noticed public hearing and shall make written findings on the standards listed below. Failure to obtain a majority on any standard constitutes a finding that the criteria are not satisfied and is grounds for denial. To approve a Special Amusement Permit, the Council must find that the proposed activity:
(1)
Is compatible with the zoning district and surrounding uses.
(2)
Will not create unreasonable noise, vibration, light, or other disturbance to nearby properties.
(3)
Provides adequate noise-control or sound-mitigation measures.
(4)
Hours of operation consistent with neighborhood character.
(5)
Complies with applicable municipal ordinances and state law.
(6)
Presents no outstanding fire, building, or life-safety violations.
(7)
Does not injure the public health, safety, or welfare.
B.
Conditions. Where a standard cannot be satisfied by the proposed activity as detailed in the application, the Council may approve a permit with conditions, limitations, or operational requirements. These conditions may include, but are not limited to, limits on hours of operation, restrictions on outdoor entertainment, requirements for sound control, or other measures the Council deems appropriate to maintain neighborhood compatibility.
C.
Record of decision. The Council's votes for each standard shall be included in the official minutes. These recorded findings serve as the basis for approval, conditional approval, or denial.
D.
Issuance or denial of permit. Within fifteen (15) days of the hearing, written notice of approval, conditional approval, or denial shall be provided. Approved permits must specify which activities are prohibited on the licensed premises and may include a list of which activities are authorized. Denials shall state the reasons for the decision.
E.
Reapplication. After denial of an application for a permit, an applicant may not reapply until the following review cycle. There must be unanimous consent by all councilors present at the meeting in order to hear the order for reconsideration.
Pursuant to municipal home rule authority under 28-A M.R.S.A. Chapter 111, the Town Council authorizes the administrative continuation of any valid Special Amusement Permit issued by the Council after a permit has been approved under §§ 14-5 and 14-6 for two consecutive years.
A.
Request for continuation. Following Town Council approvals of a permit in two consecutive years, a permit holder seeking continuation of an existing Special Amusement Permit shall submit a request to the Town Clerk at least thirty (30) days prior to the expiration of the existing permit, along with the established continuation fee.
B.
Administrative review. The Police Chief, or designee, shall conduct an administrative review to confirm the following.
(1)
No outstanding violations exist related to entertainment, noise, licensing, or public safety at the licensed premises.
(2)
No pattern of substantiated complaints, or unresolved issues exist that is significant enough to create reasonable concern regarding continued neighborhood compatibility under the current permit conditions.
(3)
The nature, scale, or location of the entertainment has not materially changed from the originally approved permit.
Where these conditions are satisfied, continuation is a ministerial act and shall be granted without further Council action or public hearings.
C.
Referral to Town Council. The Police Chief, or designee, may refer any continuation request to the Town Council for good cause, including confirmed complaints, operational changes, zoning concerns, or evidence of neighborhood impact requiring policy-level review. Upon referral, the Council shall review the continuation during the next available public hearing cycle.
D.
Denial of a continuation. Continuation may be denied upon a determination that violations have occurred, that substantiated complaints demonstrate a negative impact on surrounding properties, or that changes to the premises or operation warrant new Council review. If continuation is denied, the permit holder may apply for a new permit. Any new permit application shall follow the procedures for original issuance, including public hearing and Council consideration.
All permit holders shall comply with the "loud and unreasonable noise" standard in Chapter 139 (Noise) and the following supplemental requirements:
A.
Mitigation. Sources of noise shall be required to be muffled so as not to be objectionable due to intermittence, beat, frequency, shrillness, intensity or volume.
C.
Noise control. The maximum permissible sound-pressure level of any continuous, regular, frequent, intermittent or periodic source of noise produced by any activity regulated by this article shall not exceed 71 dB(A) at any time measured outside the licensed premises at the nearest property line or other approved location as determined by the Police Chief, or designee.
A.
Administration. Enforcement of this article shall be administered by the Town Manager, or designee.
B.
Violations. If, upon investigating a complaint, a police officer concludes that there are reasonable grounds to believe a violation of this article has occurred or is occurring, the complaint is considered substantiated.
(1)
First violation. The officer shall immediately give a verbal warning to the licensee's manager named on the application. Within five calendar days of this warning, the Police Department shall provide written notice of a substantiated first violation to the licensee and Town Clerk's office.
(2)
Second violation in a license year. The officer shall immediately give a verbal warning to the licensee's manager. Within five calendar days of this warning, the Police Department shall provide written notice of a substantiated second violation to the licensee and Town Clerk's office.
C.
Suspension or revocation. Upon a third or subsequent violation in a license year, the Town Council may, after a public hearing preceded by notice to interested parties, suspend or revoke for cause any permit which has been issued under this article, pursuant to 28-A MRS § 1054.
Any aggrieved party may appeal a denial, suspension, or revocation to the Bar Harbor Board of Appeals within thirty (30) days of written notice. The scope of review shall be limited to the record developed before the Town Council and to determining whether the Council's decision was affected by error of law, was unsupported by evidence and/or testimony, or constituted an abuse of discretion.
If any section or provision of this article is found invalid, the remainder shall remain in effect.