Town of Standish, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Standish 3-14-1989 by Order No. 33-88. Amendments noted where applicable.]

§ 187-1 Application required.

Any person required by the provisions of this chapter to obtain from the Town a license to engage in the operation, conduct or carrying on of any trade, profession, business or privilege or to commence, proceed or continue to perform any act shall make a written application therefor to the Town Clerk upon forms provided by the Town Clerk and shall state facts as may be required. Applications shall be accompanied by the required fee, which shall be returned if the license or permit is not issued.

§ 187-2 Duty of Town Clerk.

[Amended 7-14-1992 by Order No. 96-92; 8-8-1995 by Order No. 68-95; 7-12-2005 by Order No. 69-05]
As agent of the Town Council, the Town Clerk is hereby authorized and directed to receive all applications required by this chapter unless otherwise specified. All applications for any license or permit shall be placed on the agenda for action by the Town Council unless otherwise specified, with the exception of bottle club licenses, liquor licenses, tavern keeper, lodging house and innkeeper licenses, junkyard permits, special amusement permits, coin-operated device permits and bowling alley and pool room licenses, all of which shall require a public hearing. All other permits and licenses may be issued by the Town Clerk, subject to limitations on his/her authority. Hearing dates for all license and permit applications, initial and renewal, shall be advertised a single time in a local newspaper unless current state law requires additional advertisement.

§ 187-3 Limitations of authority of Town Clerk.

The authority of the Town Clerk to issue licenses and permits is hereby limited as follows:
A. 
Agent of Council. The Town Clerk acts as agent of the Town Council.
B. 
Council reservation. In accordance with Title 30-A M.R.S.A., and any other title of the Maine Revised Statutes Annotated, which constitutes the Town Council as the licensing authority board, the Town Council, acting as the licensing authority of the Town of Standish, authorizes and directs the Town Clerk as its agent to issue all licenses and permits, after public hearing where necessary, required to be issued by the Maine Revised Statutes Annotated, or by the ordinances of the Town of Standish where the applicant for such licenses or permits satisfies the Town Clerk that all of the requirements of the statutes or ordinances affecting such application and all recommendations required by such statutes and ordinances from the department heads or their agents are returned to the Town Clerk with a favorable recommendation for the issuance of such permits or licenses. Where required recommendations are not favorable or where all the requirements of the statutes or ordinances have not been met, the Town Clerk shall deny the application, which action may be appealed to the Council within 40 days of denial.
[Amended 8-13-1991 by Order No. 65-91]
(1) 
The Town Clerk shall, upon making a denial, immediately notify the Council of the denial.
(2) 
The applicant may apply, in writing, to the Town Clerk for a hearing upon the denial as herein provided for. Upon receipt of such request, the Council shall set the matter for hearing before it at a date not more than 40 days from the receipt of the request for appeal.
(3) 
The applicant at the hearing herein provided for shall have the opportunity to be represented by counsel and present evidence in his/her behalf. The Town Clerk or any agent of the Town shall have a like opportunity to present evidence in support of the Town's position for denial.
(4) 
The Council, acting as a licensing authority, shall make its decision to deny the license or permit or to modify the same upon such terms and conditions as are within its authority as the licensing authority.
(5) 
In making its determination, the licensing authority shall determine the following:
(a) 
The specific requirements of the license or permit under the Maine Revised Statutes and of the ordinances of the Town of Standish.
(b) 
The facts with respect to the applicant meeting the requirements of the license or permit.
(6) 
In matters in which the licensing authority has discretion, it shall make its requirements for the license or permit understandable to the applicant.
C. 
Approval. In all instances where the approval(s) of any Town official or officer is required as a condition precedent to the issuance of any license or permit, the Town Clerk shall notify promptly such officer(s) or official(s), and such license or permit shall not be issued until and unless all required approvals, are received, as evidenced by signatures on the application.

§ 187-4 Suspension or revocation.

Any license or permit issued under the licensing authority of the Town of Standish may be revoked or suspended as follows, unless otherwise required by statute.
A. 
Suspension and notification. The Town Manager shall, after receipt of a notice in writing from any department head or Town employee charged with the issuing, supervision, monitoring, inspection or otherwise of any licensee that such license is in violation of any requirement of statute, ordinance, code, rule or regulation respecting such license, without hearing, suspend any licenses granted by the licensing authority as herein provided for a period of five days by means of a written notice of suspension delivered to the licensee or his or its agent in hand by an agent of the Town of Standish. Such notice shall inform the licensee of the appeal procedure of such suspension. The suspension herein provided shall become a permanent suspension unless the licensee makes his/her appeal to the licensing authority within said five-day period. Commencing on the sixth day, the licensee may continue to operate, pending the appeal.
[Amended 7-12-2005 by Order No. 69-05]
B. 
Council notification. The Town Manager, upon such suspension, shall immediately notify the Council of such suspension.
C. 
Hearing. The licensee or permittee may apply, in writing, to the Town Clerk for a hearing upon the suspension herein provided for. Upon receipt of such application for hearing, the Council shall set the matter for hearing before it at a date no more than 40 days from the date of the receipt of the application for reinstatement.
D. 
Evidence. The applicant for reinstatement at the hearing herein provided for shall have the opportunity to be represented by counsel and present evidence in his/her behalf. The Town Manager or any agent of the Town shall have a like opportunity to present evidence in support of the Town's position for suspension or revocation.
E. 
Council decision. The Council, acting as the licensing authority, will make its decision to continue the suspension or revocation or modify the same upon such terms and conditions as it deems just, so long as such terms and conditions are within its authority as the licensing authority.
F. 
Determining factors. In making its determination, the Council shall determine the following:
(1) 
The specific requirements of the license or permit under the Maine Revised Statutes Annotated, and of the ordinances of the Town of Standish.
(2) 
The facts with respect to the licensee or permittee meeting the requirements of the license or permit.
G. 
In matters in which the licensing authority has discretion, it shall make its requirement for reinstatement specific and understandable to the licensee or permittee.

§ 187-5 Expiration.

Except as otherwise provided by ordinances or by statutes, the term of all licenses shall be for a period of one year, unless the license indicates a lesser period, and shall expire on the 31st day of May.

§ 187-6 Nontransferability.

No license or permit issued under this chapter shall be transferable. When a business or enterprise is transferred to a new owner, its license shall immediately terminate, and, unless otherwise provided by statutes or ordinances, the new owner shall be required to apply for a new license under the terms of this chapter.

§ 187-7 Fees and penalties.

A. 
License and permit fees, where applicable, shall be established by Council order and may be amended after public hearing.
B. 
All penalties incurred under this chapter shall inure to the benefit of the Town of Standish.

§ 187-8 Costs to be borne by applicant.

The costs for advertising for all licenses shall be paid by the applicant.

§ 187-9 Auctioneers.

No person shall engage in the trade or business of auctioneer in the Town of Standish unless such person shall have an auctioneer license as provided for in Title 32 M.R.S.A.

§ 187-10 Bowling alleys, poolrooms and shooting galleries.

[Amended 7-14-1992 by Order No. 96-92; 7-12-2005 by Order No. 69-05]
No person shall conduct, maintain or operate any place open to the public for bowling or for playing pool or billiards or for a shooting gallery without first obtaining a license. No such license shall be granted except upon the approval of the Town Manager, the Code Enforcement Officer and the Fire Chief. Licenses shall be granted in accordance with and subject to the requirements of Title 8 M.R.S.A. Such licenses shall expire on the first day of May of each year unless sooner revoked.

§ 187-11 Explosives.

[Amended 1-8-2008 by Order No. 140-07]
No person shall store any type of explosive material without first obtaining a permit, in writing, from the Fire Chief for and on behalf of the Town Council. All storage shall be in accordance with and subject to the requirements of Title 25 M.R.S.A. Such permit is conditioned to hold the Town of Standish harmless from all loss, costs, damage or expense by reason of the storage, sale or use of said explosives. The Fire Chief may revoke the permit for cause.

§ 187-12 Junkyards and automobile graveyards.

A. 
Permits shall be issued in accordance with and subject to the requirements of Title 30-A M.R.S.A.
[Amended 8-13-1991 by Order No. 65-91]
B. 
Such permits shall expire on the 31st day of December of each year.

§ 187-13 Liquor licenses.

[Amended 8-8-1995 by Order No. 68-95]
A. 
The Town Council shall hold public hearings for the consideration of initial applications for on-premises liquor licenses and applications for the transfer of location of existing on-premises licenses in accordance with Title 28-A M.R.S.A.
B. 
Notice of public hearings for liquor license renewal applications, stating the name and place of the hearing, shall, at the applicant's prepaid expense, appear for one day before the date of hearing in a daily newspaper having general circulation in the municipality, in accordance with Title 28-A M.R.S.A.

§ 187-14 Victuallers.

A. 
Any person engaging in the business of preparing and selling any food commonly consumed by persons, either on the premises or off the premises, shall be designated a "common victualler" for the purpose of this chapter and shall obtain a license therefor. The term "common victualler" shall include persons engaged in the restaurant, bakery, sandwich and delicatessen business. No such license shall be granted except upon certification of the Health Officer, Code Enforcement Officer, Town Manager and Fire Chief.
[Amended 7-14-1992 by Order No. 96-92; 7-12-2005 by Order No. 69-05]
B. 
Charitable, religious and nonprofit organizations shall be exempt from the licensing required by this section.

§ 187-15 Innkeepers, lodging houses and tavern keepers.

[Amended 8-13-1991 by Order No. 65-91]
No person shall operate any hotel, motel, inn, boardinghouse, tavern, bed-and-breakfast or lodging house without first obtaining a license from the Town of Standish in accordance with Title 30-A M.R.S.A.

§ 187-16 Concealed weapons.

A. 
No person shall wear or carry any concealed weapon without first obtaining a concealed weapons permit from the Town Council or its designee in accordance with the provisions of 25 M.R.S.A. §§ 2001 through 2006.
[Amended 8-13-1991 by Order No. 65-91; 7-14-1992 by Order No. 96-92]
B. 
Article I, General Provisions, of this chapter shall not apply to this section.

§ 187-17 Private sales.

Any resident of the Town of Standish may conduct a temporary sale of his/her household goods from his/her place of residence.
A. 
A permit shall not be required for any temporary sign located at the place of a sale.
B. 
All signs shall be removed immediately after the sale is ended.

§ 187-18 Transient sellers of consumer merchandise.

A. 
No person shall offer for sale any consumer merchandise, other than at his/her residence or place of business, without first obtaining a license from the Town Clerk. For the purpose of this section, a person shall be considered to have a place of business in any parking lot, mall or lot upon written permission signed by the owner of such, provided that the area is located in a district under the Standish Land Use Ordinance[1] wherein the business is a permitted use and has met all Planning Board criteria for that use in that district.
[Amended 1-8-2008 by Order No. 140-07]
[1]
Editor's Note: See Ch. 181, Land Use.
B. 
Exceptions. No license shall be required of persons selling by lists, order forms, catalogs or otherwise consumer merchandise for future delivery. Charitable, religious and nonprofit organizations shall be exempt from the license required by this section.
C. 
Compliance with state laws. Before any person is licensed under this section, such person must show proof of compliance with the state laws on transient sales, if applicable.
D. 
Expiration. Such license shall expire on the first day of April of each year.
E. 
Violations and penalties. Any person, firm or corporation who or which shall in any manner violate the provisions of this section shall, on conviction thereof be punished by a fine of not less than $50 nor more than $100 plus costs of prosecution for each offense. Each day of violation shall constitute a separate offense for purposes of prosecution of violations of this section.
[Amended 1-8-2008 by Order No. 140-07]

§ 187-19 Special amusement permits.

[Amended 8-13-1991 by Order No. 65-91; 7-14-1992 by Order No. 96-92; 12-8-1992 by Order No. 186-92]
A. 
The purpose of these rules and regulations 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 Title 28, M.R.S.A.
B. 
Definitions. The following definitions are provided for the purpose of this section:
DANCER
A person, other than a patron, under the licensee's control and dancing on the licensee's premises to entertain patrons.
ENTERTAINMENT
Includes any amusement, performance, exhibition or diversion for patrons or customers of the licensed premises, whether provided by professional entertainers or by the full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value.
EXOTIC DANCING
The appearance of a person or persons, under the licensee's control, other than a patron, and on the licensee's premises, in such a manner or attire as to expose to view any portion of the pubic area, anus, buttocks, vulva or genitals or any simulation thereof, or when any female appears on a licensee's premises in such a manner or attire as to expose to view any portion of the breast referred to as the areola, nipple or simulation thereof.
LICENSEE
Includes the holder of a license issued under the alcoholic beverages statutes of the State of Maine, or any person, firm, partnership, association, corporation or other legal entity, or any agent or employee of any such licensee.
PREMISES
All parts of the contiguous real estate occupied by a licensee over which the licensee has direct or indirect control or interest, which the licensee uses in the operation of the licensed business and which have been approved by the Maine State Liquor Commission and/or the Town of Standish as proper places for the exercise of the license privilege.
TUMULTUOUS CONDUCT
Conduct of such a nature and magnitude as to require or to cause the involvement of law enforcement authority.[1]
[1]
Editor's Note: The former definition of "unnecessary noise," which immediately followed, was repealed 4-13-2010 by Order No. 115-08. See now Ch. 206, Noise.
C. 
Permit required.
(1) 
No licensee for the sale of liquor to be consumed on a licensed premises shall permit, on a licensed premises, any music, except radio or other mechanical device, or any entertainment of any sort unless the licensee shall have first obtained from the municipality in which the licensed premises are situated a special amusement permit signed by at least a majority of the Town Council members.
(2) 
Applications for all special amusement permits shall be made in writing to the municipal officers and shall state the name of the applicant; his/her residence and address; the name of the business to be conducted; his/her business address; 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.
(3) 
No permit shall be used 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 municipality.
(4) 
Municipal officers shall, prior to granting a permit and after reasonable notice to the municipality and the applicant, hold a public hearing within 30 days of the date that the request was received, at which the testimony of the applicant and that of any interested members of the public shall be taken.
(5) 
The municipal officers shall grant a permit unless they find issuance of the permit would be detrimental to the public health, safety or welfare or would violate municipal ordinances, rules and regulations, articles or bylaws.
(6) 
A permit shall be valid for only the license year of the applicant's existing liquor license.
(7) 
The fee for a special amusement permit shall be nonrefundable and paid when application is made for said permit. The amount of said fee shall be set forth by order of the Town Council.
(8) 
A licensee as defined in the Maine Revised Statutes who has been issued a special amusement permit may charge admission in designated areas approved in said permit.
(9) 
The municipal officers shall be governed by the standards of Subsection G in the issuance, revocation or suspension of a permit hereunder.
D. 
Hearing.
(1) 
The Town Council shall, prior to granting a permit and after reasonable notice to the municipality and the applicant, hold a public hearing, at which hearing the testimony of the applicant and that of any interested members of the public shall be taken.
(2) 
The Town Council shall grant a permit unless they find that issuance of the permit would be detrimental to the public health, safety or welfare or would violate municipal ordinances, codes and/or resolutions. The permit may be granted subject to such conditions and restrictions as the Council may deem necessary.
(3) 
A permit shall be valid only for the license year of the applicant's existing liquor license.
E. 
Inspections.
(1) 
Whenever inspections of the premises used for or in connection with the operation of a licensed business which has obtained a special amusement permit fare are provided for or required by ordinance or state law or are reasonably necessary to secure compliance with any ordinance provisions, state law or municipal rules and regulations, it shall be the duty of the licensee or the persons 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.
(2) 
Whenever 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 to any authorized officer, official or employee of the municipality the same sufficient samples of the material or commodity for analysis.
(3) 
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 while in the performance of his/her duty. However, 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 seven days prior to the time it is sought to make the inspection.
F. 
Suspension or revocation of a permit. The municipal officers may, after public hearing preceded by notice published in a local newspaper of general circulation at least seven days prior to the date of the hearing, suspend or revoke any special amusement permits which have been 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 municipal ordinances, articles, bylaws or rules and regulations.
G. 
Standards. The municipal officers hereby adopt the following standards for the issuance of a special amusement permit and for the suspension or revocation of such permits. These standards shall determine whether the issuance of a permit or continued activity under an already existing permit would be detrimental to the public health, safety or welfare or would violate municipal ordinances, rules and regulations, articles or bylaws.
(1) 
The permitted activities under a special amusement permit shall cease no later than 1:00 a.m. It shall be deemed detrimental to the public safety or welfare for entertainment of the type requiring a special amusement permit to occur between the hours of 1:00 a.m. and 7:00 a.m. New Year's Eve hours shall be extended to 2:00 a.m.
(2) 
The facilities on a premises receiving a permit under the terms of these rules and regulations shall be adequate to assure the safety of all patrons of that establishment and shall comply with all state laws and ordinances regarding such an establishment.
(3) 
Operation of an establishment by a licensee for a permit hereunder shall in no event result in a line or crowd outside the entrance of the establishment containing more than five patrons or prospective patrons of the establishment.
(4) 
Incidents of tumultuous conduct shall be grounds for the suspension or revocation of a permit following notice and hearing, and subject to the procedures of Subsection F of these rules and regulations. The licensee of the permit hereunder shall not permit tumultuous conduct in his/her establishment at any time. Incidents or occurrences of tumultuous conduct as defined herein twice in one week or three times in one month shall be considered prima facia evidence that tumultuous conduct has occurred which shall be grounds for suspension of the permit following notice and hearing as prescribed herein.
(5) 
An instance of tumultuous conduct involving more than five people shall constitute riotous conduct. One such incidence of riotous conduct shall constitute grounds for suspension of the permit following notice and hearing and shall be prima facia evidence of a condition detrimental to the public health, safety or welfare of the community.
(6) 
Unnecessary noise as defined herein constitutes a detriment to the public health, safety or welfare. More than three complaints of unnecessary noise shall cause the municipal officers to consider revocation or suspension of the permit following notice and hearing as prescribed herein.
H. 
Rules and regulations.
(1) 
Exotic dancing.
(a) 
No special amusement permit shall be issued to conduct the activity or exotic dancing on the applicant's premises.
(b) 
It shall be unlawful and a violation of this Ordinance for a licensee holding a special amusement permit hereunder to permit exotic dancing on the premises.
(2) 
Regulations for permitted dancing. The following regulations apply to any and all entertainment for which a special amusement permit is sought or issued where such entertainment includes a dancer or dancers as defined in this section.
(a) 
No dancer shall dance in the premises except on a raised platform intended for that purpose which is raised at least two feet from the floor.
(b) 
No dancer shall dance closer than 10 feet to any patron.
(c) 
There shall be no fondling, mingling or caressing on the premises between any patron and any dancer with the intent to sexually arouse or excite a patron's sexual desire.
(d) 
No patron shall directly pay or give any gratuity to any dancer, and no dancer shall solicit any pay or gratuity from any patron.
(e) 
The licensee shall provide on the premises a separate dressing room and toilet facilities for use by dancers only.
(f) 
Dancers on the premises who remove any outer garments shall not toss or throw those outer garments at or in the direction of patrons.
(g) 
The licensee shall, at his own expense, post a security guard at each entrance and exit to the premises during each performance.
(h) 
No one under 21 years of age shall be permitted on the premises or portion of the premises where a performance by dancers is conducted during any such performance.
(i) 
Any premises upon which entertainment including a dancer or dancers is proposed to be conducted shall be located at least 500 feet from any church, school, park, other facility holding a special amusement license under this section and which provides dancers as defined in this section or any area for which residential uses are either a permitted use or a conditional use under the Zoning Ordinance[2] of the Town of Standish, Maine.
[2]
Editor's Note: See Ch. 181, Land Use, Part 1.
(j) 
An applicant for a special amusement permit for entertainment including a dancer or dancers must demonstrate that at the time of permit application and during the duration of the permit, the applicant will have available during the hours that such entertainment is provided one parking space for each three persons the premises is capable of accommodating plus two parking spaces for each three employees, including the dancer or dancers who are on the premises to provide such entertainment.
(k) 
There shall be no graphic evidence on the exterior of any facility licensed under this section of the dancers, either live or simulated, requiring the licensee, if necessary, to blackout windows or install curtains to prevent viewing of the dancers from the outside, provided that nothing in this subsection shall prohibit the establishment from advertising by words the nature of the entertainment.
(3) 
Regulations generally applicable. The following regulations apply to any and all music, dancing and entertainment for which a special amusement permit is sought or issued.
(a) 
All music, dancing and/or entertainment subject to regulation under this section, on the premises, shall end no later than 12:00 midnight.
(b) 
The maximum permissible noise limits are as contained in Chapter 206, Noise.
[Amended 4-13-2010 by Order No. 115-08]
(c) 
The music, dancing and/or entertainment on the premises shall comply with all applicable law.
(4) 
The Town Council is hereby authorized, after public notice and hearing, to establish additional 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. The 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. Such rules and regulations shall be additional to and consistent with all sections of this chapter.
I. 
Violations and penalties. Anyone found guilty of violating any provision of this section shall be subject to a fine of not less than $50 nor more than $2,500 in addition to such equitable relief as is necessary to ensure compliance with the terms of this section. Each day such violation continues shall be deemed to be a new offense.
J. 
Permit and appeal procedures.
(1) 
Any licensee requesting a special amusement permit from the municipal officers shall be notified in writing of their decision no later than 40 days from the date the request was received. In the 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 has been denied.
(2) 
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 M.R.S.A. § 2411. 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 on a preponderance of the evidence on a violation of any ordinance, article, bylaw, rule or regulation of the municipality.
K. 
Admission charges. 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.

§ 187-20 Carnivals, circuses and exhibitions.

A. 
No person shall conduct or operate any exhibition, performance, carnival, circus or show at which an admission fee is charged without first obtaining a license therefor approved by the Town Council. No such license shall be granted except upon certification of the Town Manager, the Fire Chief and the Health Officer. Either the Town Manager or the Fire Chief, or both, may condition a certificate of approval upon the presence of one or more members of the Law Enforcement or Fire Department or some person or persons satisfactory to and under the direction of said Fire Chief or Town Manager, in which event such expense shall be reported to the Town Clerk as part of the certificate and shall be collected by the Town Clerk prior to the issuance of a license.
[Amended 7-14-1992 by Order No. 96-92; 7-12-2005 by Order No. 69-05]
B. 
This section shall not apply to events conducted by local governmental or school authorities or organizations or by local nonprofit organizations. However, a deposit sufficient to pay for additional police and/or fire protection required for such events will be left with the Town Clerk in advance.

§ 187-21 Motion pictures; theaters.

[Amended 7-14-1992 by Order No. 96-92; 7-12-2005 by Order No. 69-05]
No person, firm or corporation shall operate an indoor or outdoor theater with live, filmed, electrical or electronic presentations without first obtaining a license therefor. No license shall be granted except on certification of the Town Manager, the Code Enforcement Officer, the Fire Chief and the Health Officer.

§ 187-22 Coin-operated amusement device.

A. 
The location and operation of coin-operated amusement devices in or on any premises or location within the Town of Standish shall be regulated pursuant to 8 M.R.S.A. § 441 et seq. No license shall be granted to any person under the age of 18 nor to any firm, corporation or association whose officers are under said age.
B. 
As used in this section, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Includes all of those machines, whether mechanical or electronic, which, upon insertion of a coin, slug, token plate or disk, or compensation in lieu of the above, may be operated by the public generally at a public premises for the use as a game, entertainment or amusement.
C. 
Licenses. It shall be unlawful for any person, firm, corporation or association to keep for public patronage or to permit or allow the operation of any coin-operated amusement device in or on any public premises or location under his/her or its charge, control or custody without having first obtained a license therefor from the Clerk of the Town of Standish. Such license shall expire on June 30 of each year.
D. 
Conditions of license.
(1) 
The Clerk shall not issue such license until authorized by the municipal officers following a public hearing on the establishment of said coin-operated amusement device location. Such hearing shall be held within 30 days of the receipt of such license application, and authorization or denial by said officers shall be by written decision stating the reasons therefor. At the public hearing, the municipal officers shall receive testimony and take evidence as to the good moral character of the applicant.
(2) 
Proof of good moral character shall include general testimony of the applicant's reputation in the community and the results of a records check to be conducted by the law enforcement agency and included in a report to the municipal officers. Any plans the applicant may have in regard to supervision of said premises to prevent vandalism and other potential property damage or personal injury shall be considered in this regard in granting the license.
[Amended 7-14-1992 by Order No. 96-92]
E. 
License specifics. The license required by this section shall be posted securely and conspicuously on the premises for which it is granted. The Town Clerk shall forward a copy to the local Law Enforcement Department after issuance. Said license shall not be transferable to any other person, firm, corporation or association or from location to location and shall be valid only at the location and for the person, firm, corporation or association designated thereon.
[Amended 7-14-1992 by Order No. 96-92]
F. 
Revocation of license. Any such license issued herein may be revoked by the Town Clerk after hearing before the municipal officers when any of the following violations are found:
(1) 
There are more machines located on the premises than are permitted in the license application.
(2) 
Any of the specific requirements of this section have been violated and/or cease to be true.
(3) 
When it has been established to the satisfaction of the municipal officers that the premises for which said license was granted has ceased to be a proper location due to the creation of a public nuisance at said premises.
G. 
Appeal. The decision of the municipal officers as carried out by the Clerk may be appealed to the Superior Court within 30 days from the rendering of said decision.
[Amended 8-3-1991 by Order No. 65-91]
H. 
Violations and penalties. Any person or firm or, in the case of a corporation or association, any official thereof violating any of the provisions of this section shall, upon conviction, be punished by a fine not exceeding $25 for each offense, and each day such violation exists shall constitute a separate offense.

§ 187-23 Bottle clubs.

A. 
License required. No person, firm or corporation shall keep, maintain, operate, lease or otherwise furnish, either to its members and guests or to the general public, any premises, building, apartment or place for use as a bottle club without first obtaining a license and paying the fee therefor.
B. 
Exemption. Notwithstanding any other provisions of this section, a bona fide nonprofit, charitable, educational, political, civic, recreational, fraternal, patriotic or religious organization shall not be subject to the provisions of this section.
C. 
Definitions. The following definitions are provided for purposes of this section:
BOTTLE CLUB
An establishment where no alcoholic beverages are sold, but where members or guests provide their own alcoholic beverages, paying a fee or other consideration for admission to the bottle club and/or for setups.
OFFICER
Any officer, director, stockholder, owner, manager or person who either has a financial interest of any nature in a bottle club or directs any policy of a bottle club.
PERSON
Any individual, person, firm, corporation, association, partnership or organization.
D. 
Application information. In addition to the standard license application form, an applicant for a bottle club license shall submit attested copies of the articles of incorporation and bylaws, if the applicant is a corporation, or articles of association and bylaws, if the applicant is an association, as well as a list of all officers of the bottle club and their places of residence at the present time and the immediately preceding three years.
E. 
Qualifications of officers.
(1) 
All officers of the bottle club shall meet the following qualifications: never convicted of a Class A, B or C crime nor of violating any of the gambling or prohibitive liquor laws either of the United States or of the State of Maine or any other state within the five years immediately preceding the date of application.
(2) 
Each such officer shall file the release authorized by 16 M.R.S.A. 620(6), Criminal History Record Information Act, with the application. Failure to provide such a release shall be a ground for denial of the application.
F. 
Description of the premises. Every application for a bottle club license shall include in the application a description of the premises for which a license is desired and shall set forth such material information, description or plan of that part of the premises where it is proposed to consume or keep liquor.
G. 
Compliance with municipal codes. Upon application for a bottle club license, the Code Enforcement Officer and Fire Chief shall inspect the premises for compliance with all applicable state and municipal building and fire codes.
H. 
Notification of property owners. All property owners within 500 feet of the bottle club shall be notified, in writing, of the public hearing at least 14 days prior to such hearing.
[Added 6-13-1989 by Order No. 26-89]
I. 
Proximity to schools and churches. No new bottle club license shall be granted under this chapter to premises situated within 300 feet of a public or private school, school dormitory, church, chapel or parish house in existence at the time such new license is applied for, except such premises as were in use as bottle clubs on the effective date of this chapter. The three-hundred-foot distance shall be measured from the main entrance of the school, school dormitory, church, chapel or parish house by the ordinary course of travel.
J. 
Minors. No person under the age of 21 years shall be permitted in or on that part of the premises subject to the control of any bottle club where persons are permitted to drink alcoholic beverages.
[Amended 1-8-2008 by Order No. 140-07]
K. 
Hours of operation. The premises used as a bottle club shall be closed and vacated by members and guests each day from 1:00 a.m. to 8:00 a.m., except that on January 1 the premises may remain open until 2:00 a.m. During the hours that a bottle club must remain closed, no member, guests or other persons, other than regular employees, may be on the premises or remain therein.
[Amended 8-13-1991 by Order No. 65-91;1-8-2008 by Order No. 140-07]
L. 
Entrance to be marked. The entrance to every club shall be plainly marked "Bottle Club, Members and Guests Only."
M. 
Illegal activities. No licensee shall knowingly permit any illegal activities to take place on the licensed premises.
N. 
Right of inspection. The applicant or licensee, his agents and employees shall allow access by the Code Enforcement Officer, Fire Chief and any law enforcement officer, or their designated assistants or agents, for the purposes of inspecting the premises and ensuring that no violation of this chapter or any law is taking place.
O. 
Violations and penalties. In addition to any action which the municipal officers may take, a violation of any provision of this section shall be a civil violation, and a fine not exceeding $500 may be imposed. Each day that a violation continues will be treated as a separate offense.[1]
[1]
Editor's Note: The Licenses and Permits Fee Schedule, which originally immediately followed this section, is on file in the office of the Town Clerk.

§ 187-24 Mass gatherings.

[Added 11-12-2008]
A. 
Purpose. The purpose of these rules and regulations is to address the adverse effect to the general health and safety of the community that may result from large crowds which attend outdoor events, including exhibitions, festivals, music concerts and fairs. Large gatherings may lead to sanitation problems, resulting from inadequate waste disposal, insufficient drinking water and ill-equipped first aid facilities; such gatherings may also threaten the safety of the community through the obstruction of roads, violations of liquor and drug laws, and destruction of property. Further, large gatherings that occur within a short period of time create traffic congestion, crowd control, health, sanitation and safety problems which are greater than those which accompany gatherings which occur over a longer duration. Therefore, the following section is hereby ordained for the purposes of protecting the general welfare, preventing disease, promoting health and providing for public safety.
B. 
Definitions. The following definitions are furnished for the purposes of this section:
(1) 
LARGE OUTDOOR EVENT -- Any gathering held outdoors with the intent to attract 500 or more persons for a festival, exhibition, amusement show, fair, theatrical performance, musical performance or other similar activity. Large outdoor events are regulated when the event is expected to attract a continued attendance of 500 or more persons for any length of time.
(2) 
TOWN -- The Town of Standish.
(3) 
TOWN COUNCIL -- The Town Council of the Town of Standish.
(4) 
PERSON -- Any natural person, sole proprietorship, partnership, corporation or other entity.
(5) 
OPERATOR -- The person responsible for the large outdoor event.
(6) 
PERFORMANCE GUARANTY -- An irrevocable letter of credit from a banking institution authorized to do business in Maine, cash escrow, or other financial guarantee acceptable to the Town Council and in a form approved by the Town Attorney, provided by an applicant for a large outdoor event license to guarantee the payment of the costs of the prompt cleaning of the grounds after the close of the large outdoor event; and the law enforcement, fire, rescue and public works costs for traffic control, public safety, first aid, fire prevention and law enforcement activities performed by the Town as a result of the large outdoor event (the "public costs). These public costs shall be those costs incurred by the Town in connection with the proposed large outdoor event which would not be incurred by the Town if the large outdoor event were not held. Promptly following the large outdoor event, the Town shall release the performance guaranty if the operator pays all such public costs within 10 working days after the large outdoor event.
(7) 
ASSEMBLY AREA -- That portion of the premises on which the large outdoor event is held within which persons in attendance are expected to sit or stand.
(8) 
EXEMPT EVENTS -- This section shall not apply to mass gatherings as defined herein that are organized, conducted, sponsored and/or authorized by public educational institutions located within the Town of Standish and held on the grounds thereof. No application or approval shall be required; however, the sponsor shall provide notification to the Town Clerk at least 60 days in advance of the event regarding the scheduling of the same and proof of its sponsorship and/or authorization from an appropriate public education institution.
[Added 1-10-2012 by Order No. 125-11]
C. 
Permit required.
(1) 
No person may sponsor, promote, operate or hold any large outdoor event unless a license therefor is first obtained from the Town Council of Standish.
(2) 
The licensing procedure will be administered in the following manner:
(a) 
The person(s) seeking a license must file an application form with the Town Clerk of the Town of Standish no less than 120 days before the proposed commencement of the large outdoor event.
(b) 
The fee for the license shall be established by order of the Town Council and must accompany the application. Money received under this section will help defray costs of its administration. The Town Council may, at its discretion, reduce or waive the fee for charitable and nonprofit organizations.
(c) 
The application, filed with the Town Clerk, must include a contract with the property owner allowing use of the facility or property, unless the property or facility is owned by the applicant.
(d) 
Within five days of the receipt of an application, the Town Clerk shall notify the Town Manager, law enforcement and the Director of Public Safety of the application.
(e) 
Before a license may be issued hereunder, the Town Council shall hold a public hearing, in order to review the application and determine the conditions required to safeguard the public health, safety and welfare. The license applicants have the right to attend and to represent their interests at such hearing. When considering the issuance of a license for a large outdoor event, the Town Council may seek advice from law enforcement, public safety, the Code Enforcement Officer, and such other Town officials as it deems necessary. After assessing the possible effects that the proposed event may have on the public's health, safety and welfare, the Town Council may deny the license or grant the license, or grant the license and impose such reasonable conditions on the issuance of a license as would safeguard the public interest and quality of life, including requiring the applicant to:
[1] 
Post a performance guaranty in a form acceptable to the Town Attorney in an amount estimated by the Town Council to be equal to the public costs described in Subsection B(6) of this section.
[2] 
Agree to hiring of certified police officers, and rescue and fire personnel at the expense of the licensee. Law enforcement and public safety will be notified no less than 45 days before the proposed event that the personnel will be needed;
[3] 
Demonstrate, by means of a written, descriptive plan addressing the standards of this section, that adequate facilities will be provided at the site of the large outdoor event, in order to protect the health of the people who attend, including:
[a] 
Adequate waste disposal facilities;
[b] 
Adequate fire-fighting, rescue and police personnel;
[c] 
Adequate water supplies;
[d] 
Adequate first aid, rescue and fire facilities, and police equipment; and
[e] 
Adequate communication facilities.
[4] 
Give notice to the appropriate Town, county and state officials, as named by the Town Council;
[5] 
Demonstrate, by means of a written descriptive plan, that adequate parking spaces will be available;
[6] 
Provide a detailed plan showing how crowd security and police protection of private property will be accomplished;
[7] 
Provide a detailed plan for controlling traffic, which shall contain:
[a] 
A description of routes which persons attending are likely to take;
[b] 
Methods to be used to publicize alternative routes;
[c] 
The number of persons who will be present to direct traffic at the site both before and after the event and their locations; and
[d] 
A description of what means will be available to remove disabled vehicles from locations under the control of the operator where such vehicles would prevent the free flow of traffic.
[8] 
Provide a contract with a waste disposal company to remove waste from the site.
D. 
License standards. In reviewing large outdoor event license applications submitted pursuant to this section, the Town Council shall determine whether to issue a license based upon whether the application meets all of the following standards:
(1) 
Access: that convenient and safe access for the ingress and egress of pedestrian and vehicular traffic exists, and that all public roadways in the proximity of the large outdoor event shall be adequately staffed with uniformed police officers to ensure safety to all the public.
(2) 
Grounds:
(a) 
That each large outdoor event assembly area shall be well drained and so arranged to provide sufficient space for persons assembled, vehicles, sanitary facilities, and appurtenant equipment.
(b) 
That trees, underbrush, large rocks and other natural features shall be left intact and undisturbed whenever possible, and the natural vegetative cover shall be retained, protected, and maintained so as to facilitate drainage, prevent erosion, and preserve the scenic attributes.
(c) 
That the grounds shall be maintained free from accumulation of refuse and from health and safety hazards constituting a nuisance as defined.
(d) 
That illumination shall be provided at night beginning 1/2 hour before sunset to protect the safety of the persons at the large outdoor event. The assembly area shall be adequately lighted, but lighting shall not unreasonably reflect beyond the assembly area boundaries unless adjacent properties are uninhabited.
(e) 
That parking shall be provided for persons arriving by vehicular means; that service roads and parking spaces shall be located so as to permit convenient and safe movement of vehicular and pedestrian traffic and free passage of emergency vehicles; that the width of the service road should not be less than the following: one traffic lane, 12 feet; two traffic lanes, 24 feet; parallel parking lanes, seven feet; that adequate parking space shall be provided, which means that there shall be at least one parking space to every three persons, and the density shall not exceed 100 passenger cars or 30 buses per usable acre.
(f) 
That at least 10 square feet per person shall be provided on the site for a large outdoor event with assigned seating; that at least 15 square feet shall be provided for a large outdoor event with festival seating; and that no overnight assemblage shall be permitted.
E. 
Water supply.
(1) 
An adequate, safe supply of potable water, meeting the requirements of the State Department of Health and Human Services, Division of Health Engineering, shall be provided, and common cups shall not be used.
(2) 
Transported water shall be obtained from an approved source, stored and dispensed in an approved manner. "Approval," as used in this subsection, means in compliance with standards adopted by the State Department of Health and Human Services, Division of Health Engineering.
F. 
Sanitation.
(1) 
Where water is distributed under pressure and flush toilets are used, the water system shall deliver water at a nominal operating pressure (20 pounds per square inch minimum to all fixtures at the rate of at least 30 gallons per person per day).
(2) 
When water is not available under pressure and non-water-carriage toilets are used, at least three gallons of water per person per day shall be provided for drinking and lavatory purposes.
(3) 
Where water under pressure is not available, equivalent facilities shall be provided and installed in accordance with the requirements of the Department of Health and Human Services, Bureau of Health, Mass Gathering Rules and Informational Guidelines.
(4) 
Sanitary facilities shall be separate for males and females, and shall be provided at the rate of one for each 200 persons. Any other proposal for providing sanitary facilities must be in accordance with the requirements of the Department of Health and Human Services, Bureau of Health, Mass Gathering Rules and Informational Guidelines.
(5) 
The required sanitary facilities shall be conveniently accessible and well defined.
(6) 
Each toilet shall have a continuous supply of toilet paper.
(7) 
Service buildings or rooms housing required plumbing fixtures shall be constructed of easily cleanable, nonabsorbent materials; the buildings, service rooms, and required plumbing fixtures located therein shall be maintained in good repair and in a clean and sanitary condition.
(8) 
Separate service buildings or rooms containing sanitary facilities, clearly marked, shall be provided for each sex, and each toilet room shall be screened so that the interior is not visible from the outside.
(9) 
Wastewater shall be discharged in a manner consistent with the requirements of the State Department of Health and Human Services, Division of Health Engineering.
(10) 
Disposal and/or treatment of any excretion or liquid waste shall be in a manner consistent with the requirements of the State Department of Health and Human Services, Division of Health Engineering.
G. 
Refuse disposal.
(1) 
Refuse shall be collected, stored, and transported in such a manner as to protect from odor, infestation of insects and/or rodents any and other nuisance condition, or conditions which are inconsistent with the health, safety, and welfare of the patrons of the large outdoor event or of the public.
(2) 
Refuse containers shall be readily accessible, and one fifty-gallon refuse container or its equivalent shall be provided for each 100 persons anticipated, or one sixteen-cubic-yard trash container shall be provided for every 5,000 persons anticipated. All trash barrels shall be lined with plastic bags.
(3) 
The area where motor vehicles are parked shall have one fifty-gallon refuse container or its equivalent for every 200 such motor vehicles.
(4) 
All refuse shall be collected from the assembly area at least twice each twelve-hour period of the large outdoor event, with a minimum of two such collections per large outdoor event exceeding six hours, or more if it is necessary, and disposed of at a waste disposal site approved by the Town.
(5) 
The grounds and immediate surrounding property shall be cleared of refuse within 24 hours following the large outdoor event.
H. 
Vermin control. Insects, rodents and other vermin shall be controlled by proper sanitation practices, extermination or other safe and effective control methods; where necessary, animal parasites and other disease-transmitting nuisances shall be controlled.
I. 
Safety.
(1) 
Where an electrical system is installed, it shall be installed and maintained in accordance with the provisions of the applicable state standards and regulations and the Town's Electrical Codes.
(2) 
The grounds, building, and related facilities shall be maintained and used in a manner as to prevent fire and in accordance with the applicable local fire prevention regulations.
(3) 
Internal and external traffic and security control shall meet requirements of the applicable state and local law enforcement agencies.
(4) 
The Town of Standish Public Safety Department has been informed of the large outdoor event and adequate fire protection equipment is available.
(5) 
For large outdoor events, at least one law enforcement officer per 1,000 persons expected to attend the large outdoor event shall be on site to assist in crowd and traffic control, and for major large outdoor events, there shall be a minimum ratio of five officers for every 2,000 additional persons beyond 5,000 persons in attendance.
J. 
Medical.
(1) 
Emergency medical services shall be provided. All personnel must be Standish Fire/EMS personnel and/or approved by the Director of Public Safety and they shall be licensed by the State of Maine, as a physician assistant, R.N., or emergency medical technician.
(2) 
A first aid building or tent with adequate medical supplies shall be available.
(3) 
An adequate number of vehicles duly licensed by the State of Maine as ambulances shall be available on the site during the complete time of the large outdoor event.
(4) 
Telephone and radio communications shall be provided and kept available for emergency purposes.
(5) 
The Director of Public Safety shall determine the number of EMT personnel and ambulances needed.
K. 
Noise. No large outdoor event shall continue beyond 11:00 p.m.
L. 
Waivers. The Town Council may, in its discretion, waive any of the requirements under this section if it finds the requirement of information or materials with the application is unnecessary or irrelevant to the review of a particular mass gathering permit application.
M. 
Enforcement; penalty; assignability. The Town of Standish shall enforce this section through its Code Enforcement Officer. Anyone violating any provision of this section shall be subject to a fine in an amount to be set per order of Town Council for each violation. Each day such violation continues shall constitute a separate offense. Licenses issued hereunder shall not be transferable or assignable.