As used in this article, the following terms
shall have the meanings indicated:
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 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 Town of Wells a special amusement permit signed by a majority
of the Board of Selectmen.
Applications for all special amusement permits
shall be made in writing to the Town Clerk 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 specifically those circumstances; and any additional information
as may be needed by the Board of Selectmen 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 entertainment
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 Town of Wells or laws of the State of Maine.
The Board of Selectmen shall, prior to granting
a permit and after reasonable notice to the Town and the applicant,
hold a public hearing at which testimony of the applicant and that
of any interested members of the public shall be taken.
The Board of Selectmen shall grant a permit
unless it finds 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 or laws of the State
of Maine. The Board may impose reasonable conditions upon any permit
issued.
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 to gather a crowd or audience of patrons to witness
entertainment, amusement or a show so 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 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 noises which disturb,
annoy, injure or prejudice or endanger 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 noises affect
and are a detriment to public health, comfort, convenience, safety,
welfare or the prosperity of the residents of Wells.
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 Wells or under any statutes or
laws of the State of Maine.
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 Town of Wells who is authorized or directed
by the Board of Selectmen to make such inspection at any reasonable
time that admission is requested.
B.
In addition to any other penalty which may be provided,
the Board of Selectmen may revoke the license and/or the special amusement
permit of any licensee in the Town of Wells who refuses to permit
any such officer, official or employee who is authorized to make such
inspections or who interferes with such officer, official or employee
while in the performance of his duty in making such inspection.
In addition to suspension or revocation for any reason specified in § 150-9 of this chapter, the Board of Selectmen may, after a public hearing preceded by notice to interested parties, suspend or revoke any special amusement permit which has been 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 Town of Wells ordinances or sections of any ordinances, articles, bylaws or rules and regulations or the laws of the State of Maine.
A.
Application. The requirements of this section apply
to both new and existing places of assembly, except as otherwise stated.
An existing building housing entertainment which began prior to June
28, 1979, may continue its use if the establishment conforms to this
article or, if the establishment cannot conform, is made to conform
to the provisions of this article to the extent that, in the opinion
of the Board of Selectmen, reasonable life safety against the hazards
of fire, explosions and panic is provided and maintained.
B.
Occupant load.
(1)
The occupant load permitted in any assembly building,
structure or portion thereof shall be determined by dividing the net
floor area or space assigned to that use by the square feet per occupant
as follows: 15 square feet per person.
(2)
The occupant load permitted in a building or portion thereof may be increased above that specified in Subsection B(1) if the necessary aisles and exits are provided, subject to the approval of the Board of Selectmen. An approved aisle, exit and/or seating diagram may be required to substantiate an increase in occupant load.
A.
Types of exits.
(1)
Exits of the specified number and width shall be of
one or more of the following types:
(a)
Doors of the swinging type leading directly
outside or to a lobby or passageway leading to the outside of the
building.
(b)
Horizontal exits.
(c)
Interior stairs.
(d)
Outside stairs: same requirements as for interior
stairs, including intermediate handrails on monumental stairs serving
main entrance doors.
(e)
Exit passageways.
(2)
Turnstiles. No turnstiles, revolving doors or other
devices to restrict the movement of persons shall be installed in
such a manner as to interfere in any way with required exit facilities.
B.
Means of egress.
(1)
Each establishment shall have at least two means of
egress, consisting of separate exits or doors leading to a corridor
or other spaces giving access to two separate and independent exits
in different directions.
(2)
Exits shall be remote from each other and shall be
arranged to minimize the possibility that they may be blocked by any
emergency.
(3)
Panic hardware. All exit doors must be provided with
panic hardware.
(4)
Illumination of means of egress shall be provided
in accordance with N.F.P.A. 101.
(5)
Emergency lighting. All places of assembly and their
means of egress shall be provided with emergency lighting in accordance
with N.F.P.A. 101.
(6)
Marking means of egress. Means of egress shall have
signs in accordance with N.F.P.A. 101.
A.
Equipment maintenance.
(1)
All exit lighting, emergency lighting and panic hardware
shall be continuously maintained in proper operating condition.
(2)
Any equipment requiring tests of periodic operation
to assure its maintenance shall be tested or operated as directed
by the authority having jurisdiction.
(3)
Systems shall be under the supervision of a responsible
person who shall cause proper tests to be made at specified intervals
and shall have general charge of all alterations and additions.
B.
Furnishings and decorations. Furnishings or decorations
of an explosive or highly flammable character shall not be used.
A.
Any licensee requesting a special amusement permit
from the Board of Selectmen shall be notified in writing of its decision
no later than 15 days from the date his request was received. In the
event that an applicant is denied a permit, the applicant shall be
provided with the reasons for the denial in writing. Applicants may
not reapply for a permit until at least 30 days after the denial.
B.
Any licensee or applicant 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 York County Superior Court. The York County Superior
Court may grant or 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
arbitrary or capricious or that the denial, revocation or suspension
was not based on a violation of or an infraction of any ordinance,
article, bylaw or rule or regulation of the Town of Wells or of the
laws of the State of Maine.
Whoever violates any of the provisions of this
article or who fails to abide by any conditions imposed on a special
amusement permit by the Board of Selectmen shall be punished by a
civil penalty of not more than $100 for the first offense and up to
$500 for subsequent offenses.
