[HISTORY: Adopted by the Town of Boothbay Harbor 3-5-1979
as ATM Art. 43 (Art. 19 of the 1958 Ordinances). Amendments noted where applicable.]
[Amended 5-1-1995 by ATM Art. 63; 5-1-2006
by ATM Art. 68]
The purpose of this chapter is to control, as required by 28-A M.R.S.A. § 1054, the issuance of special amusement permits for music, dancing, or entertainment on premises licensed by the State of Maine to sell liquor for consumption on premises or off premises in the Town of Boothbay Harbor. (User Note: Outdoor events of 251 people or greater must also comply with the requirements of Chapter 124. Outdoor Events.)
As used in this chapter, the following terms shall have the meanings
indicated:
- DANCING
- Includes all types or styles of dancing, whether accompanied by music produced at the premises or recorded music, which is encouraged or allowed at the premises of the licensee.
- ENTERTAINMENT
- Includes any amusement, performance, exhibitions, or diversion for
patrons or customers whether provided by professional entertainers, employees
or otherwise.[Amended 5-1-2006 by ATM Art. 69]
- 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 license.
- MUNICIPAL OFFICERS
- The Board of Selectmen.
- MUSIC
- Includes all types of music produced at the premises, including but not limited to vocal and instrumental. Radio, television, jukeboxes and other types of recorded music are specifically excluded from the requirements of this chapter except when played at the premises to encourage dancing.
- OFF-PREMISES
- Includes, but shall not be limited to, any premises or location other
than the liquor license holder's primary or principal place of business or
base of operations.[Amended 5-1-2006 by ATM Art. 69]
No licensee for the sale of liquor to be consumed on his or her licensed premises shall permit on said premises any music, dancing or entertainment, as defined in § 74-2, unless the licensee shall have first obtained from the municipal officers of Boothbay Harbor a special amusement permit signed by a majority of the municipal officers.
A.
Application. Applications for all special amusement permits
shall be made in writing to the municipal officers on a form as approved by
them.
B.
Prerequisite. No permit shall be issued for any premises
if the premises, building or property to be used for the purposes do not fully
comply with all ordinances, Articles, bylaws or rules and regulations of the
municipality.
[Amended 3-7-1983 by ATM Art. 53]
The fee for a special amusement permit shall be $20.
A.
The municipal officers shall schedule a public hearing
within 21 days of the date of receipt of a special amusement permit application.
Said hearing shall be advertised by posting in two public places in Boothbay
Harbor and by newspaper advertisement, no less than seven days prior to said
hearing. Testimony of the applicant and that of any interested members of
the public shall be received at the hearing.
B.
The municipal officers shall grant a permit unless they
find that the issuance of the permit would be detrimental to public health,
safety or welfare or would violate municipal ordinances, rules or regulations,
including the provisions and requirements of this chapter.
C.
A permit issued in accordance with this chapter shall
be valid only for the life of the applicant's existing liquor license. In
the case of an off-premises location, the permit is valid only for the duration
of the liquor license supporting the event and corresponding to the amusement
permit, or the expiration of the off-site event, whichever is less. An application
for a special amusement permit shall not be considered for any premises which
cannot produce evidence of a valid and current liquor license. In the case
of an off-premises request, it is not necessary that the liquor license and
the special amusement license be held by the same applicant. However, pursuant
to Maine Law 28-A M.R.S.A. § 1054, the municipal denial or withdrawal
of either license or permit will void the other.
[Amended 5-1-2006 by ATM Art. 70]
A.
Whenever inspection of a licensed business which has
obtained a special amusement permit is deemed necessary by the municipal officers
or their agent, the Town Manager, it shall be the duty of the licensee or
the person in charge of the premises to be inspected to admit any officer,
official or employee of the Town of Boothbay Harbor to make such inspection
at any reasonable time that admission is requested.
B.
The municipal officers or the code enforcement officer
shall conduct a personal inspection prior to the public hearing on all new
applications, including any outdoor event.
[Amended 5-1-2006 by ATM Art. 71]
C.
In addition to any other penalty which may be provided,
the municipal officers may revoke the special amusement permit of any licensee
in Boothbay Harbor who refuses to permit any officer, official or employee
of the town to make an inspection or who interferes with said inspection.
Special amusement permits granted by the municipal officers shall be
limited to the following classes:
[Amended 5-1-2006 by ATM Art. 72]
A.
Indoor permits. Holders of a Class C or D license shall at all
times while amplified music is being played keep its doors and windows closed
to prevent, as much as possible, objectionable noise to abutting neighbors
and the general public. The municipal officers, at their discretion, may require
sound insulation when, in their opinion, the noise being produced is detrimental
to the health, safety or welfare of the neighbors or the general public or
is an unreasonable nuisance to any person in the vicinity of the licensed
establishment.
B.
Outdoor permits. Outdoor amusement permits shall be limited to
the area(s) and date(s) permitted by the corresponding liquor license, including
the following:
(1)
Hours of operation:
(a)
Amplified entertainment: Unless otherwise noted, all amplified
entertainment shall not commence before 9:00 a.m. and must discontinue by
9:00 p.m.
(b)
Nonamplified entertainment: Unless otherwise noted, all nonamplified
entertainment shall not commence before 9:00 a.m. and must discontinue by
10:00 p.m.
(2)
Noise level.
(a)
Sound pressure level limits shall be measured using a sound equivalent
level of one minute (leg) measured in decibels in the "A" scale (dBA). Measurements
shall be performed at the abutting property line.
[1]
Amplified entertainment: Unless otherwise noted, all amplified
entertainment or music shall not exceed 80 dBA at the property line between
the hours of 9:00 a.m. to 6:00 p.m., and 70 dBA at the property line between
the hours of 6:00 p.m. and 9:00 p.m.
[2]
Nonamplified entertainment: Unless otherwise noted, all non-amplified
entertainment or music shall not exceed 70 dBA at the property line between
the hours 6:00 p.m. and 9:00 p.m., and 50 dBA between the hours of 9:00 p.m.
and 10:00 p.m.
(b)
The municipal officers or law enforcement officers shall have
the authority to reduce the allowable noise level based on, but not limited
to, special conditions relating to the neighborhood character, an unanticipated
effect on an abutter or the neighborhood, site location such as on a hill,
in a valley or over the water, or the date and time of the event.
A.
Municipal decision. Any licensee requesting a special
amusement permit from the municipal officers shall be notified, in writing,
of their decision no later than 22 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.
Suspension or revocation. The municipal officers may, after a public hearing preceded by notice no less than that required in § 74-6, revoke a permit or suspend it for a period of time to be decided by the municipal officers. Such action is warranted if the municipal officers find that the music, dancing or entertainment so permitted constitutes a detriment to the public health, safety or welfare or violates municipal ordinances, articles, bylaws, rules and regulations, including the provisions of this chapter.
C.
Appeal. 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 Boothbay
Harbor Board of Appeals as provided for in 30-A M.R.S.A. § 2691,
as amended. The Board of Appeals 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 and capricious or was not based on a violation of any ordinances,
articles, bylaws, rules or regulations, including the provisions of this chapter.
[Amended 5-1-1995 by ATM Art. 63]
A licensed hotel, Class A restaurant, Class A tavern or restaurant malt
liquor licensee which has been issued a special amusement permit may charge
admission in designated areas approved by the municipal special amusement
permit.
A.
Penalty. Whoever violates any of the provisions of this chapter shall be deemed guilty of a criminal offense and, upon conviction thereof, shall be penalized as set forth in Chapter 1, General Provisions, Article II, General Penalty, of this Code. Each day that such an unlawful act or violation continues shall be considered a separate offense.
[Amended 5-1-1995 by ATM Art. 63]
B.
Violation. Any violation of this chapter or any provisions
thereof shall be deemed a public nuisance and may be subject to abatement
by a restraining order or injunction issued by a court of competent jurisdiction.
