City of Marlborough, MA
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough 10-18-1976 by Ord. No. 16101 (Ch. 91 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 241.
Zoning — See Ch. 650.
The following acts or conduct in or on the premises licensed in accordance with MGL c. 140, § 181 or 183A, are deemed contrary to the public need, to the common good, public safety and welfare.
A. 
It is forbidden to employ or permit any person in or on the licensed premises while such person is unclothed or in such attire as to expose to view any portion of the area of the female breast or any portion of the pubic hair, cleft of the buttocks or genitals.
B. 
It is forbidden to employ or permit any hostess or other persons to mingle with the patrons while such hostess or other person is unclothed or in such attire as described in Subsection A above.
C. 
It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress or fondle the breasts, buttocks or genitals of any other person.
D. 
It is forbidden to employ or permit any person to wear or use any device or covering exposed to view which simulates the breasts, buttocks, pubic hair or genitals or any portions thereof.
E. 
It is forbidden to employ or permit any person in or on the licensed premises to perform an act or acts or to simulate the act or acts of:
(1) 
Sexual intercourse, masturbation, sodomy, flagellation or any sexual acts prohibited by law.
(2) 
Touching, caressing or fondling of the breasts, buttocks or genitals of another.
It is forbidden to employ or permit any person in or on the licensed premises to show motion-picture films, television-type cassettes, still pictures or other photographic reproductions depicting any of the acts or any simulation of any of the acts prohibited in § 227-1.
This chapter is not intended to modify, suspend, revoke or cancel any license to sell alcoholic beverages but does give the City of Marlborough, through its Public Safety Committee, authority to deal with maintenance of peace and good order within the City. The Public Safety Committee of the City Council shall, in order to provide for the public safety of its inhabitants, require that:
A. 
Any establishment licensed in accordance with MGL c. 140, § 181 or 183A, and which is located within an area which is residential in character that provides a form of entertainment, whether live or reproduced, involving the showing of motion-picture films, live musical entertainment or any other form of live entertainment, must employ and cause to be hired a member of the Marlborough Police Department to be on duty from the time said entertainment commences to the time such establishment closes for that business day.
B. 
An area which is residential in character is defined as an area within a two-hundred-foot radius of the establishment licensed in accordance with MGL c. 140, § 181 or 183A which is predominantly composed of single-family or multifamily dwelling units.
C. 
The City Council, through its Public Safety Committee, pursuant to official complaints issued by affected residents, may in its discretion conduct hearings after giving due notice to the parties. After said hearings, if the Committee determines that violations have been found, it shall direct the License Board to implement the decisions of said Committee.
Violation of this chapter is punishable by a fine of not more than $50 for each offense; with each day thereafter, a violation shall constitute a separate offense.