[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.
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.
A permit shall be valid for one year from the date of issuance by the
municipal officers.
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.
The invalidity of any provision of this chapter shall not invalidate
any other part.
The effective date of this chapter shall be the day that it is enacted
by Topsham Town Meeting.
See MRSA Title 30-A, § 3001.
