[HISTORY: Adopted 11-18-1997 by the Special Town Meeting of the Town of Topsham, Art. 8B. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 225.
A. 
Extensive research has shown that unregulated adult entertainment facilities are a serious problem, contributing to neighborhood blight, crime, deteriorating property values, eroding the quality of neighborhoods, commercial districts and the quality of life.
B. 
To prevent the deterioration of the community and neighborhoods in the Town of Topsham and to provide for the orderly, planned future development of the town, certain additional special regulations are necessary in addition to existing zoning regulations to ensure that these adverse effects will not contribute to the blighting or downgrading of surrounding neighborhoods and that for the purpose of controlling the concentration of certain uses, special regulations relating to the location of these uses are necessary.
C. 
It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the Town of Topsham and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the Town of Topsham. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to condone or legitimize the distribution of obscene material.
No adult entertainment establishment situated in the Town of Topsham shall be in operation without first having obtained from the Town of Topsham an adult entertainment establishment permit signed by at least a majority of the municipal officers.
As used in this chapter, the definition of "adult entertainment establishment" as found in Chapter 225, Town of Topsham Code, Zoning Ordinance, § 225-6, Definitions, shall apply.
Applications for all adult entertainment establishment 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; and any additional information as may be needed by the municipal officers.
The fee for the adult entertainment establishment permit shall be $50. In addition, the applicant shall pay the actual advertising costs incurred by the town, and a deposit covering the estimated advertising shall accompany the application.
The municipal officers shall, prior to granting a permit and after reasonable notice to the municipality and the applicant, hold a public hearing within 15 days of the date the request was received, at which the testimony of the applicant and that of any interested members of the public shall be taken.
The municipal officers shall grant a permit unless they find that issuance of the permit will be detrimental to the public health and safety or welfare or would violate municipal ordinances, bylaws or rules, regulations or articles.
The municipal officers may, after a public hearing preceded by notice to interested parties, suspend or revoke any adult entertainment establishment permits which have been issued under this chapter on the grounds that the establishment so permitted has violated any municipal ordinances, articles, bylaws or rules and regulations pertaining to such establishments. The municipal officers shall, after a public hearing preceded by notice to interested parties, suspend or revoke any adult entertainment establishment permits which have been issued under this chapter on the grounds that the establishment so permitted has violated any municipal ordinances, articles, bylaws or rules and regulations pertaining to such establishments more than one time in any twelve-month period.
The municipal officers are hereby authorized, after public notice and hearing, to establish written rules and regulations governing the issuance, suspension and revocation of adult entertainment establishment 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. 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.
A. 
Standards enumerated.
(1) 
No sale of liquor shall be permitted on the premises of any adult entertainment business.
(2) 
No live nude dancing shall be permitted on the premises of any adult entertainment business.
(3) 
No person under the age of 18 years shall be allowed to enter into any adult entertainment establishment.
(4) 
No adult entertainment establishment shall be operated prior to 12:00 noon or later than 1:00 a.m., or any time on a Sunday or legal holiday.
(5) 
No activities, displays or merchandise associated with any adult entertainment establishment shall be visible from any area which is open to minors or the general public.
(6) 
When requested by a law enforcement officer, management or employees of the adult entertainment establishment will allow entry to that law enforcement officer immediately for the purpose of inspecting and enforcing the provisions of this chapter.
B. 
The above standards are in addition to any other applicable standards found in any municipal ordinances, articles, bylaws or rules and regulations.
A. 
Any applicant requesting an adult entertainment establishment permit from the municipal officers shall be notified, in writing, of their 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. The applicant may not reapply for a permit within 30 days after an application for a permit which has been denied.
B. 
Any 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 Superior Court pursuant to Rule 80B of the Maine Rules of Civil Procedure.
In addition to the suspension and revocation provisions of § 72-9, whoever violates any of the provisions of this chapter and the acts as defined in MRSA title 17-A, § 251, shall be punished by a fine of not more than $100 for the first offense and up to $200 for subsequent offenses. Any law enforcement officer with jurisdiction in the Town of Topsham may issue a summons and complaint for a violation of this chapter, and, in addition thereto, the Town of Topsham may file a civil complaint to enforce the provisions of this chapter.