[HISTORY: Adopted by the Town of Alfred as indicated in article histories. Amendments noted where applicable.]
Obscene materials — See Ch. 129.
[Adopted by Special Town Meeting 6-13-1978 by Art. 10]
This article shall be known and may be cited as the "Special Amusement Ordinance of the Town of Alfred, Maine."
The purpose of this article 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 used in this article, the following terms shall have the meanings indicated:
- Includes any amusement, performance, 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.
- Includes the holder of a license issued under the Alcoholic Beverages Statutes of the State of Maine or any person, individual, partnership, firm, association, corporation or other legal entity or any agent or employee of any such licensee or acting on behalf of any such licensee or left in charge of or in control of such licensee's premises.
No licensee for the sale of liquor to be consumed on his licensed premises shall permit on his licensed premises any music, except radio or other mechanical device, or any dancing or 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 municipal officers.
Applications for all special amusement permits shall be made, in writing, to the municipal officers and shall state the name of the applicant; his residence address; the name of the business to be conducted; his business address; the nature of his business; the location to be used; all places of residence of the applicant during the past five years; 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 those circumstances specifically; 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.
No permit shall be issued 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.
The fee for a special amusement permit shall be $10.
The municipal officers shall, prior to granting a permit and after reasonable notice to the municipality and the applicant, hold a public hearing at which the testimony of the applicant and that of any interested members of the public shall be taken.
The municipal officers shall grant a permit unless they find that issuance of the permit will be detrimental to the public health, safety or welfare or would violate municipal ordinances or rules and regulations, articles or bylaws.
A permit shall be valid only for the license year of the applicant's existing liquor license.
Tumultuous conduct. The licensee shall not knowingly allow on any licensed premises any person or persons to disturb, tend to disturb or aid in disturbing the peace of others of ordinary sensibilities or to be disorderly by violent, tumultuous, offensive or obstreperous conduct or to permit or gather a crowd or audience or patrons to witness any entertainment, amusement or show as to create a dangerous condition because of fire or other risks in derogation of the public health, comfort, convenience, safety or welfare.
Riots. The licensee shall not allow on any licensed premises any public entertainment or amusement or show of any kind which tends to or is calculated to cause or promote any riot or disturbance.
Unnecessary noise. The licensee shall not allow on any licensed premises the making, creation or maintenance of excessive or unnecessary or unnatural or unusually loud noise which disturbs, annoys, injures or prejudices or endangers the comfort, repose, health, peace or safety of individuals of ordinary sensibilities or the public in general or the property rights of others, and which noise affects and is a detriment to public health, comfort, convenience, safety or welfare or the prosperity of the residents of the municipality.
Nuisances. The licensee shall not allow any licensed premises to be so conducted or operated as to amount to a nuisance in fact under any ordinances or any sections of any ordinances, articles, bylaws or rules and regulations of the municipality or under any statutes of the State of Maine.
Prostitution and public indecency. The licensee shall not allow on any licensed premises or aid in or offer or agree to allow in or near such licensed premises any prostitution or prostitutes or any public indecency under any or in derogation of any statutes of the State of Maine or any meretricious display or lewd act or act of moral perversion, or knowingly receive or offer or agree to receive any person on such licensed premises for the purpose of performing a lewd act or an act of prostitution or moral perversion or public indecency or to knowingly permit any person to remain on such licensed premises for any such purpose or to aid, abet, allow, permit or participate in the commission of any of such acts.
Solicitation of drinks. The licensee shall not allow on any licensed premises any person to frequent or loiter with the purpose of soliciting any other person, customer or patron to purchase any drink of any kind.
Gambling. The licensee shall not allow on any licensed premises the use or occupancy thereof for gambling or games of chance as prohibited by the statutes of the State of Maine or ordinances, articles, bylaws or rules and regulations of the municipality.
Whenever inspections of the premises used for or in connection with the operation of a licensed business which has obtained a special amusement permit are provided for or required by ordinance or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto for the purpose of making the inspection any officer, official or employee of the municipality who is authorized or directed by the municipal officers to make such inspection at any reasonable time that admission is requested.
Whenever any analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of such premises to give to any authorized officer, official or employee of the municipality requesting the same sufficient samples of such material or commodity for such analysis or investigation upon request.
In addition to any other penalty which may be provided, the municipal officers may revoke the license and/or the special amusement permit of any licensee in the municipality who refuses to permit any such officer, official or employee who is authorized to make such inspection or take such sample to make the inspection or to take an adequate sample of said commodity or who interferes with such officer, official or employee while in the performance of his duty in making such inspection, provided that no license or special amusement permit shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the municipality, stating that such inspection or sample is desired at the time it is sought to make the inspection or to obtain the sample.
The municipal officers may, after a public hearing preceded by notice to interested parties, deny, suspend or revoke any special amusement permits which have been issued or are to be issued under this article 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 or sections of any ordinances, articles, bylaws or rules and regulations.
The municipal officers are hereby authorized to establish written rules and regulations governing the issuing, 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.
These 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 article.
Any licensee requesting a special amusement permit from the municipal officers shall be notified, in writing, of their decision no later than 15 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 which has been denied.
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. The Municipal Board of Appeals may grant to 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 not based by a preponderance of the evidence on a violation of or an infraction of any ordinance, article, bylaw or rule or regulation of the municipality.
A licensee who has been issued a special amusement permit may charge admission in designated areas approved by the municipal special amusement permit.
Whoever violates any of the provisions of this article shall be punished by a fine of not more than $100 for the first offense and up to $200 for subsequent offenses, to be recovered, on complaint, to the use of the Town of Alfred.
The invalidity of any provision of this article shall not invalidate any other part.
The effective date of this article shall be June 13, 1978.