[Adopted 5-28-1980 (Ch. IV, Art.
12)]
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 in the City of Bangor for use
as a bottle club without first having obtained a license therefor,
to be issued by the City Clerk after approval of the City Council
in accordance with this article.
Unless otherwise defined herein or in the text,
all words used will have their common meaning. As used in this article,
the following terms shall have the meanings indicated:
Any establishment or premises which is operated on a regular
basis in the following manner: no alcoholic beverages shall be sold
on the premises; all members, guests or members of the public must
provide their own alcoholic beverages for consumption on the premises;
and fees or other charges are imposed on all members, guests or members
of the public for admission to the premises or for setups, i.e., liquid
mixers, cups, ice and other items associated with the consumption
of alcoholic beverages or for any other reason. For purposes of this
article, the term "bottle club" shall include, but not be limited
to, all such premises designated for municipal regulation under 28-A
M.R.S.A. §§ 2 and 4.
[Amended 9-14-1998 by Ord. No. 98-339]
Any individual, person, firm, corporation, association, partnership
or organization.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The annual license fee for a bottle club shall be as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.
A.
Every applicant for a bottle club license shall:
(1)
Complete and file an application on a form prescribed
by the City Clerk.
(2)
Deposit the prescribed license fee in advance with
the City Clerk.
(3)
Submit with the completed application to the City
Clerk the following:
(a)
An attested copy 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, or partnership documents,
if the applicant is a partnership, as well as a list of all principal
officers of the bottle club.
(b)
An affidavit which will identify all principal officers
and their places of residency at the present time and for the immediately
preceding three years.
(c)
A description of the premises for which a license
is desired, and shall set forth such other material information, description
or plan of that part of the premises where liquor will be consumed.
B.
If an application should be denied or withdrawn, 1/2
of the license fee shall be refunded to the applicant and the other
half shall be retained by the City to offset the cost of processing
the application.
A.
Upon receipt of each application for a bottle club
license:
(1)
The Code Enforcement Officer shall verify that the premises of the proposed bottle club comply with the applicable ordinances of the City of Bangor, including, but not by way of limitation, the provisions of Chapter 81, Building Code, Chapter 102, Electrical Code, Chapter 211, Plumbing Code, and Chapter 165, Land Development, of this Code and shall report their findings, in writing, to the City Council.
(2)
The Health Officer shall cause inspection to be made
of the proposed location of the bottle club for the purpose of determining
whether the applicable ordinances relating to health and safety have
been complied with. A report of their findings shall be made, in writing,
to the City Council.
(3)
The Fire Chief shall cause an inspection to be made
of the proposed location of the bottle club for the purpose of determining
if City ordinances concerning fire and safety have been complied with.
The Fire Chief shall submit a report of their findings, in writing,
to the City Council.
(4)
The Police Chief shall cause an investigation to be
made of the officers of the bottle club and shall report their findings,
in writing, to the City Council.
B.
All reports required under this section shall be filed
with the City Clerk.
After receipt of the written reports required by § 61-5, the City Clerk shall give notice of a public hearing on the application in the form and manner and to the persons herein specified.
A.
The notice shall include the time and place of such
hearing, the nature of the matter to be heard and the address or location
of the property involved. Where notice by mail is required, it shall
be mailed at least seven days in advance of the hearing date by regular
United States Mail.
B.
Notices.
(1)
Notices shall be given to each of the following:
(2)
For the purpose of this section, the owners of property
shall be considered to be the parties listed by the Assessing Department
of the City of Bangor as those against whom taxes are assessed. Failure
of any property owner to receive a notice of public hearing shall
not necessitate another hearing and shall not invalidate any action
of the City Council.
A separate license must be obtained for each
bottle club. Each license shall authorize the operation of such an
establishment only at the location described in such license and in
conformity with all applicable ordinances and laws. No license shall
be transferred to another person or to any other location.
Every bottle club shall exhibit its license
at all times in a conspicuous place on its premises.
[Amended 9-14-1998 by Ord. No. 98-339]
All licenses issued pursuant to this article
shall expire one year from the date of issue.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A bottle club may not allow a minor not employed
by the bottle club or not accompanied by the minor's parent, guardian
or custodian, as defined in 22 M.R.S.A. § 4002, to remain
on the bottle club premises, except on occasions when liquor is prohibited
on the bottle club premises. A bottle club may employ minors only
if an employee of legal drinking age or older is present in a supervisory
capacity.
The premises used as a bottle club shall be
closed and vacated by members, guests and members of the general public
each day from 2:00 a.m. to 6:00 a.m. on January 1 and from 1:15 a.m.
to 6:00 a.m. on other days. During the hours that a bottle club must
remain closed, no members, guests or other persons, other than regular
employees, may be on or remain therein, and the use by anyone of the
premises or facilities of the bottle club for the drinking of alcoholic
beverages during such hours when a bottle club must remain closed
is prohibited.
A license to operate a bottle club, as provided
for by this article, may be denied, suspended or revoked by the City
Council for either violation of or failure to comply with any of the
provisions of this article or with the provisions of any other applicable
code or ordinance. Determination of the severity of the violation
and whether or not a denial, suspension or revocation is warranted
shall be made by the City Council, after notice and hearing.
An appeal from any final decision of the City
Council shall be taken by any party to the Superior Court in accordance
with the provisions of Rule 80B of the Maine Rules of Civil Procedure.
In addition to any action which the City Council
may take, violation of any provision of this article shall be a civil
violation and a fine not exceeding $200 may be imposed. Each day that
a violation continues will be treated as a separate offense. All fines
collected hereunder shall inure to and be recovered by the City of
Bangor.
