[HISTORY: Adopted by the City Council of the City of Saco 5-1-1995 as Ch. V, Sec. 5-31, of the 1994 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any amusement, performance, exhibition or diversion for patrons or customers of the licensed premises, whether provided by professional entertainers or by full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value.
- EXPOSE or EXPOSED
- Unclothed or uncostumed or not covered by a fully opaque material.
No licensee for the sale of liquor to be consumed on his licensed premises shall permit on his licensed premises any music except radio or other mechanical devices, any dancing or entertainment of any sort unless the licensee shall have first obtained from the City a special amusement permit.
The fee for a special amusement permit shall be established by the City Council after a public hearing, plus a fee for advertisement.
The City Council shall, prior to granting a permit and after reasonable notice to the City and applicant, hold a public hearing at which the testimony of the applicant and that of any interested members of the public shall be taken. The City Council shall grant a permit, unless it finds that issuance of the permit would be detrimental to the public health, safety or welfare or would violate municipal ordinances or rules and regulations.
A permit shall be valid only for the license year of the existing liquor license.
The City Council which has issued a permit may, after a public hearing preceded by notice to interested parties, suspend or revoke any permits which it has issued under this chapter, on the grounds that the music, dancing or entertainment so permitted constitutes a detriment to the public health, safety or welfare or violates municipal ordinances or rules and regulations.
Any licensee who has applied for a permit and has been denied or whose permit has been revoked or suspended may appeal the decision to the Municipal Board of Appeals, as defined in 30-A M.R.S.A. § 2691, within 30 days of the denial, suspension or revocation. The Municipal Board of Appeals, if the municipality has such a board, may grant or reinstate the permit if it finds that:
A licensed hotel, Class A restaurant, Class A tavern or restaurant malt liquor licensee who has been issued an entertainment permit may charge admission in designated areas approved by the municipal permit.
The purpose of this section is to regulate nudity as a form of commercial exploitation, to avoid adverse consequences of having nudity presented in an establishment serving alcoholic beverages, to regulate dress as a form of conduct and not to impede the free exchange and expression of ideas.
No licensee shall permit entertainment on the licensed premises, whether provided by a professional entertainer(s), employee(s) of the licensed premises or any other person(s), when the entertainment involves:
The actual or simulated touching, caressing or fondling of the breasts, buttocks, anus or genitals.
The actual or simulated displaying of the genitals, pubic hair, buttocks, anus or any portion of the female breasts at or below the areola area thereof.
The permitting by any licensee of any person to remain in or upon the licensed premises who exposes to any public view any portion of his or her genitals or anus or female breasts at or below the areola area thereof.
For purposes of this section, the words "displaying" and "expose(s)" shall mean being unclothed or uncostumed or not covered by fully opaque cloth or textile material or employing any device or covering which is intended to give the appearance of or to simulate the genitals, pubic hair, buttocks, anus or the portions of the female breast at or below the areola area thereof.