[HISTORY: Adopted by the Town of Boothbay Harbor 3-2-1981
by ATM Art. 47 (Art. 21 of the 1958 Ordinances). Amendments noted where applicable.]
No person, other than a bona fide nonprofit organization, shall keep,
maintain, operate, lease or otherwise furnish, either to its members and guests
or to the general public, any premises for use as a bottle club without a
bottle club license from the Town of Boothbay Harbor.
Applications for a bottle club license shall be filed properly. In addition
to the filing requirements, an applicant for a bottle club shall furnish the
Clerk with the following:
A.
An affidavit which identifies all principal officers
and their places of residence at the present time and for the immediately
preceding three (3) years.
B.
A description of the premises for which a license is
desired, which shall set forth such other material information, description
or plan of that part of the premises where it is proposed to consume or keep
liquor as the Clerk or the municipal officers may require.
A license may be denied, suspended or revoked upon a determination that:
A.
Any principal officer or employee has not attained the
age of eighteen (18) years.
B.
Any principal officer has been convicted of violating
any of the laws of this state or the United States with respect to manufacture,
transportation, importation, possession or sale of intoxicating liquor within
a period of five (5) years from the date of hearing or otherwise has a disqualifying
criminal conviction.
C.
Any principal officer is a law enforcement official.
D.
The premises where applicant or licensee is to operate
is situated within three hundred (300) feet of a public or private school,
school dormitory, church, chapel or parish house in existence as such at the
time such license is applied for, except such premises as were in use as bottle
clubs on the effective date of this chapter. The three-hundred-foot distance
shall be measured from the principal entrance of the school dormitory, church,
chapel or parish house to the principal entrance of the licensed premises
by the ordinary course of travel.
E.
There is a failure to possess a food service establishment
license.
F.
There has been any violation of this chapter.
Hearings and notices of hearings for both original applications and
renewals shall be conducted by the municipal officers in accordance with the
applicable provisions for issuance of licenses by the State of Maine to sell
intoxicating liquors to be consumed on the premises, and in no case shall
an original license be issued without a notice of public hearing to abutters
and notice by publication.
No person under the age of twenty-one (21) years shall be permitted
in or to remain within a bottle club.
The licensee, its principal officers and employees shall not permit
the consumption of alcoholic beverages on the premises between the hours of
1:00 a.m. and 6:00 a.m. on Monday through Saturday and 1:00 a.m. and 12:00
noon on Sundays, and during such hours, the premises shall be closed.
The licensee, its principal officers and employees shall not allow any
alcoholic beverages to be sold on the premises, nor shall they knowingly permit
any illegal activities to take place therein.
Any law enforcement officer of the town shall be permitted to enter
any licensed premises during business hours or during the hours during which
operation of bottle clubs is prohibited for the purpose of making inspection
or maintaining order. It shall be the duty of every licensee and the principal
officer thereof to afford free access to every part of such establishment
and to render all aid and assistance necessary to enable said persons to make
a full, thorough and complete examination thereof to determine compliance
with this chapter and the laws of the State of Maine.
