As used in this article, the following terms
shall have the meanings indicated:
LICENSEE
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.
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.
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.