No person operating a commercial establishment in the City of Bangor shall present or allow presentation of any form of nude entertainment on the premises of the establishment concerned without first obtaining a certificate of occupancy for that purpose from the city's Code Enforcement Officer. The application procedure and criteria for issuance of a certificate of occupancy shall be as provided in Chapter
165, Land Development, §
165-10C; provided, however, that the following additional requirements shall apply to commercial establishments offering nude entertainment:
A. The application for a certificate of occupancy under Chapter
165, §
165-10C shall state that the proposed use includes nude entertainment. The application shall describe the nude entertainment to be offered, including the intended frequency and times, and shall indicate the area of the premises where the nude entertainment shall take place.
B. The application shall disclose the name and current
residence address of all principals of the business concerned and
shall disclose the name and current residence address of all persons
holding a financial interest of 5% or more in the business concerned.
C. Prior to granting a certificate of occupancy, the Code Enforcement Officer shall forward the application to the Chief of Police for a criminal information background check on each of the persons named in the application under Subsection
B above. The Code Enforcement Officer shall deny the application if the applicant, any principal of the business concerned or any holder of a 5% or greater financial interest in the business concerned has a record of conviction of prostitution, promoting prostitution or of a Class A, B, or C felony under Maine law, or equivalent offenses in other jurisdictions, during the ten-year period ending prior to the application date.
D. Location and standards.
(1) No certificate of occupancy shall be granted for a commercial establishment offering nude entertainment, unless the premises concerned are located in a commercial zoning district and the premises concerned meet all district provisions and development standards contained in Chapter
165, Land Development, plus the following additional requirements:
(a)
No certificate of occupancy shall be granted
for a commercial establishment offering nude entertainment if the
premises concerned are located within 500 feet of any other such establishment
for which a certificate of occupancy, previously issued, remains in
force; any establishment licensed to sell alcohol for on-premises
or off-premises consumption under 28-A M.R.S.A. § 601 et
seq.; a church, chapel, parish house or other place of worship; or
a public library, juvenile shelter or orphanage in existence as of
the application date, as measured from the main entrance of the premises
to the main entrance of a building by the ordinary course of travel.
(b)
The premises concerned must not be located within 500 feet of the nearest district boundary of any residential zoning district established under the provisions of Chapter
165, Land Development, of the City of Bangor, as measured in a straight line from the premises to the boundary of the zoning district.
(c)
The premises concerned must not be located within
500 feet of the nearest property line of any public or private school,
school dormitory, or school ground, public playground or City of Bangor
public park, as measured in a straight line from the premises to the
property line.
(2) For the purposes of this Subsection
D, the term "commercial zoning district" consists of the following zoning districts, as defined in Chapter
165, Articles
XIII and
XIV: Neighborhood Service District, Urban Service District, Airport Development District, Shopping and Personal Service District, General Commercial and Service District and, subject to conditional use approval, Urban Industry District.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F. No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment unless the premises
concerned include changing rooms and toilet facilities for performers
that are separated from any area of the premises to which the public
will have access.
G. No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment if any portion
of the premises concerned consists of residential apartments or units,
whether or not occupied.
H. The premises concerned, in addition, shall meet all applicable requirements of Chapter
81, Building Code, Chapter
170, Life Safety Code, and Chapter
165, Land Development.
I. The subsequent establishment of an establishment licensed
to sell alcohol, a public or private school or school dormitory, a
church, chapel, parish house or other place of worship, a public library,
a juvenile shelter or orphanage, a playground or public park or the
rezoning of any nonresidential district within 500 feet of a residential
district (with the exception of the zoning district in which the adult
business is situated) shall not affect the validity a certificate
of occupancy of a legally existing commercial establishment offering
nude entertainment. In the event of the subsequent establishment of
any of the foregoing uses, the commercial establishment offering nude
entertainment shall be treated as any other use permitted in the zoning
district.
The application and location restrictions of §
228-14A through
D above shall not apply to theaters, dinner theaters, licensed movie theaters or similar establishments which are primarily devoted to theatrical performances or the presentation of movies, provided that any displays of live nudity within such theaters, dinner theaters, licensed movie theaters or similar establishments shall be limited to occasional nudity by bona fide stage actors during the course of theatrical performances; provided also that the provisions of §§
228-14F through
I,
228-15C through
H and
228-16 of this article shall apply to nude theatrical performances under this section.