[Adopted as Ch. IV, Art. 11]
[Amended 10-22-1990 by Ord. No. 90-343]
The purpose of this article is to control the
issuance of special amusement permits for music, dancing or entertainment
in facilities licensed by the State of Maine to sell liquor under
28-A M.R.S.A. § 1054.
The following definitions shall apply unless
the context clearly indicates another meaning:
Any amusement, performance or 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.
The holder of a license issued under the alcoholic beverages
statutes of the State of Maine[1] or any person, individual, partnership, firm, association,
corporation or other legal entity acting as agent or employee of the
holder of such a license.
[1]
Editor's Note: See M.R.S.A. Title 28-A.
[Amended 10-22-1990 by Ord. No. 90-343]
No licensee for the sale of liquor to be consumed
on their licensed premises shall permit on such licensed premises
located in the City of Bangor any music, except a radio or mechanical
device, any dancing or entertainment of any sort unless the licensee
shall have first obtained a special amusement permit approved by the
City Council.
A.
Application form. Applications for special amusement permits and annual renewals thereof shall be made, in writing, on forms provided by the City Clerk and signed by the licensee. Each application shall state the name and address of the applicant; the name, address and nature of the proposed amusement; whether admission will be charged under Subsection B and, if so, the areas so designated; and whether the applicant has ever had a state liquor license or special amusement permit denied or revoked and, if so, an explanation thereof.
B.
Admission charges. The licensee of a licensed hotel,
Class A restaurant, Class A tavern or restaurant or malt liquor licensee,
as defined in M.R.S.A. Title 28-A, who has been issued a special amusement
permit may charge admission in designated areas; provided, however,
that such areas must be so designated in the application and approved
by the City Council.
C.
Live entertainment regulated.
[Added 9-30-1981]
(1)
No licensee shall permit entertainment on the licensed
premises, whether provided by professional entertainer(s), employees
of the licensed premises or any person, when the entertainment involves:
(a)
The performance of acts or simulated acts of
sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any sexual acts which are prohibited by law.
(b)
The actual or simulated touching, caressing
or fondling on the breasts, buttocks, anus or genitals.
(c)
The actual or simulated displaying of the genitals,
pubic hair, buttocks, anus or any portion of the female breasts at
or below the areola area thereof.
(d)
The permitting by any licensee of any person
to remain in or upon the licensed premises who exposes to any public
view any portion of their genitals or anus.
(2)
For the purposes of this subsection, the term "displaying"
or "expose" shall mean unclothed or uncostumed and not covered by
a fully opaque material.
[Amended 10-22-1990 by Ord. No. 90-343; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended 9-14-1998 by Ord. No. 98-339]
Prior to granting a special amusement permit
and after review by the Code Enforcement Officer, the Health Officer,
the Chief of Police and the Fire Chief, the City Council shall hold
a public hearing after reasonable notice of the same has been given
to the applicant and has been advertised, at the applicant's expense,
in a newspaper of general circulation in the City at least seven days
in advance. At the public hearing, the testimony of any interested
parties shall be heard.
A.
After the public hearing, the City Council shall grant
the special amusement permit requested unless the issuance of the
permit would be detrimental to the public health, safety or welfare
or would violate any applicable state law or City ordinance.
B.
Restrictions. In approving such a permit, the City
Council may impose reasonable restrictions to protect property owners
in the vicinity of the licensed premises from any nuisance aspects
of the proposed amusement, including the location and size of the
premises, the facilities that may be required for the permitted activities
on those premises and the hours during which the permitted activities
will be allowed.
Any licensee requesting a special amusement
permit shall be notified, in writing, of the City Council's decision
no later than 15 days from the date of its decision. In the event
that a licensee is denied a permit or restrictions are imposed upon
the permit, the licensee shall be provided, in writing, with the reasons
for the denial or a list of the restrictions. A licensee may not reapply
for the same permit within 30 days.
A special amusement permit shall be valid only
for the license year of the existing license.
The City Council may, after a public hearing
preceded by notice to interested parties, suspend or revoke any special
amusement permit on the grounds that the music, dancing or entertainment
so permitted is detrimental to the public health, safety or welfare
or violates any applicable state law or City ordinance. If the City
Council revokes or suspends a licensee's special amusement permit,
they shall be notified, in writing, within 15 days, of the reasons
for such action.
[Amended 1-13-1997 by Ord. No. 97-59]
A licensee whose request for a special amusement permit has been denied, approved with restrictions or revoked or suspended may, within 30 days of such action, appeal the decision to the Board of Appeals, as established by Chapter 23, Article I of this Code. The Board of Appeals may grant or reinstate the permit only if it finds that the denial, imposition of restrictions or revocation or suspension was arbitrary or capricious.
[Amended 9-11-1991 by Ord. No. 91-329]
Whoever violates any provision of this article
shall be fined not less than $100 nor more than $500, to be recovered,
on complaint, to the use of the City of Bangor. Each day that such
violation continues shall constitute a separate offense.
