[Adopted 11-20-1984; amended 11-16-1993]
[Amended 5-15-2018 by Order No. 18-116-01]
The licensee, its principal officers, employees or guests 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 any day and during such hours the premises is closed.
No person under the age of 21 years shall be permitted in or to remain within a bottle club.
The licensee, its principal officers and employees shall not allow any alcoholic beverages to be sold on the premises of a bottle club, nor shall they knowingly permit any illegal activities to take place therein.
[Amended 5-15-2018 by Order No. 18-116-01]
Any law enforcement officer of the City or member of the Fire Department shall be permitted to enter any licensed premises during business hours or during the hours during which operation of a bottle club 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 the persons to make a full, thorough, and complete examination thereof to determine compliance with this Code and the laws of the State.
[Amended 5-15-2018 by Order No. 18-116-01]
No person, firm, or corporation shall keep, maintain, operate, or otherwise furnish, either to its members and guests or to the general public, any premises for use as a bottle club without first obtaining a bottle club license for such purpose from the City. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed a violation of this article and is adequate grounds for the denial, revocation, or suspension of a bottle club license.
[Added 5-15-2018 by Order No. 18-116-01]
License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued to a bottle club after the annual fee required has been paid through the City Clerk's office. The fee for a bottle club license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for bottle clubs.
Application for a bottle club license shall be filed in accordance with 28 M.R.S.A. Ch. 1.[1] In addition to the requirements of that chapter, 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 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 City Council may require.
[Amended 5-15-2018 by Order No. 18-116-01]
[1]
Editor's Note: Title 28 was repealed by L. 1987, c. 45. See now Title 28-A.
In addition to the standards set forth in municipal codes, a license may be denied, suspended or revoked upon a determination that:
A. 
Any principal officer or employee has not attained the age of 21 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 years from the date of hearing, or otherwise had a disqualifying criminal conviction;
C. 
Any principal officer is a law enforcement official;
D. 
Failure to possess a food service establishment license; and
E. 
Any violation of this article.
[Amended 2-5-2008; 5-15-2018 by Order No. 18-116-01]
Hearings and notices of hearings for both original applications and renewals under this article shall be conducted by the City Council in accordance with the applicable procedures for issuance of licenses by the state to sell intoxicating liquors to be consumed on the premises, and in no case shall an original license be issued with a notice of public hearing to abutters and notice by publication.
Except to the extent that this article contains a contrary provision, all provisions of 28 M.R.S.A.[1] shall be additional to the provisions of this article.
[1]
Editor's Note: Title 28 was repealed by L. 1987, c. 45. See now Title 28-A.
As used in this article, the following terms shall have the meanings indicated:
BOTTLE CLUB
Any person operating on a regular basis a premises for social activities in which members or guests provide their own alcoholic beverages and where no alcoholic beverages are sold on the premises. A bottle club maintains suitable quarters for the use of members on a regular basis or charges an admission fee to members or to the general public. A bottle club is not a public place, as defined in 17 M.R.S.A. § 2003.[1]
CLUB MEMBER
A person who, whether as a charter member or admitted in accordance with the bylaws of the club, has become a bona fide member and who maintains membership in good standing by payment of dues in a bona fide manner in accordance with the bylaws and whose name and address are entered on the list of members, and no person who does not have full club privileges shall be considered a bona fide member.
PREMISES
Includes all parts of the contiguous real estate occupied by a licensee over which the licensee has direct or indirect control or interest and which the licensee uses in the operation of the licensed business and which have been approved by the Commission as proper places therein for the exercise of the license privilege.
[1]
Editor's Note: Section 2003 of Title 17 was repealed by L. 1981, c. 481. See now 17 M.R.S.A. § 2003-A.