[HISTORY: Adopted by the Town of Alfred as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
The fee for a special amusement permit shall be $10.
E.
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.
F.
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.
G.
A permit shall be valid only for the license year of
the applicant's existing liquor license.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
Such rules and regulations shall be additional to and
consistent with all sections of this article.
A.
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.
B.
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.
