[Amended 6-13-1994 by Ord. No. 94-238]
For purposes of this article, the terms "nudity," "person," "sadomasochistic abuse," "sexual conduct" and "sexual excitement" shall be defined as provided in Article I of this chapter. In addition, the following terms shall have the definitions stated:
An area of a building separated by a door, screen, curtain,
partition or in any other manner that prevents persons in the same
portion of the building from having visual access to the area concerned.
Any retail establishment offering food, beverages, merchandise,
products or services for sale to members of the general public, operated
as a for-profit business and treated as such for federal or state
tax purposes.
Containing graphic, photographic, engraved or printed representations,
with or without accompanying printed or recorded text. Live performances
or the display of live persons shall also constitute depictions within
the meaning of this article.
To make available for on-premises viewing or perusal by patrons,
customers or members of the general public.
A commercial establishment regularly operated for the on-premises
screening of general release films, movies or videotapes, having a
legal seating capacity within its general viewing area of at least
50 persons and currently possessing all licenses and permits required
under the city's ordinances or state law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
To own, lease, manage or supervise operations of a commercial
establishment.
Books, magazines, newspapers, tabloids, periodicals, pamphlets
or any similar materials.
No person operating a commercial establishment
within the City of Bangor shall display, permit or cause to be displayed
any printed materials, films, movies, videotapes, photographs or live
performances depicting nudity, sadomasochistic abuse, sexual conduct
or sexual excitement within any closed area of the establishment concerned.
A.
Display of printed materials, films, movies, videotapes
or photographs depicting nudity, sexual conduct or sexual excitement
within the premises of an educational institution, licensed hospital,
clinic, physician's office or licensed medical treatment facility
for education or treatment purposes, e.g., childbirth classes, shall
not constitute a violation of this article.
B.
Display of films or movies depicting nudity, sexual
conduct or sexual excitement within the general viewing area of a
licensed movie theater shall not constitute a violation of this article.
[Amended 3-23-1998 by Ord. No. 98-119]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be subject to a fine
of not less than $500 nor more than $5,000. Each act of violation
and each day that a violation occurs or continues shall be deemed
a separate offense.
