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
device, any dancing or entertainment of any sort unless the licensee shall
have first obtained from the Town Council a special amusement permit.
A.
Applications for all special amusement permits shall
be made in writing to the Town Council 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, including a specific description of any
entertainment to be offered; the location to be used; whether the applicant
has ever had a license to conduct the business therein described either denied
or revoked and, if so, the applicant shall describe those circumstances specifically;
whether the applicant, including all partners or corporate officers, has ever
been convicted of a felony and, if so, the applicant shall describe specifically
those circumstances; and any additional information as may be needed by the
Town Council in the issuing of the permit, including but not limited to a
copy of the applicant's (current) liquor license.[1]
[1]
Editor's Note: The special amusement permit application form
is available in the office of the Town Clerk.
B.
A special amusement permit shall not be issued for a
premises that will offer entertainment which includes:
(1)
Exposing to view the genitals, pubic hair, anus, vulva
or any portion of the female breasts at or below the areola area thereof.
"Exposing to view" includes, without limitation, appearing without an opaque
covering or appearing with only an opaque covering which adheres to the skin,
such as body paint; or
(2)
The actual or simulated touching, caressing or fondling
of the breasts, buttocks or genitals.
C.
No permit shall be issued for anything, or act or premises,
if the premises and building to be used for the purposes do not fully comply
with all ordinances, articles, bylaws, or rules and regulations of the municipality.
D.
The fee for a special amusement permit shall be $35.
E.
The Town Council shall, prior to granting a permit and
after reasonable notice to the public and the applicant, hold a public hearing
within 30 days of the date the request was received, at which the testimony
of the applicant and that of any interested member of the public shall be
taken.
F.
The Town Council shall grant a permit unless it finds
that issuance of the permit will be detrimental to the public health, safety
or welfare, or would violate municipal ordinances, or rules and regulations,
articles or bylaws.
G.
A permit shall be valid only for the license year of
the applicant's existing liquor license.
A.
Whenever inspections of the premises used for or in connection
with the operation of a licensed business which has obtained a special amusement
permit are provided for or required by ordinance or state law, or are reasonably
necessary to secure compliance with any ordinance provision or state law,
it shall be the duty of the licensee, or the person in charge of the premises
to be inspected, to admit any officer, official, or employee of the municipality
authorized to make the inspection at any reasonable time that admission is
requested. Whenever an analysis of any commodity or material is reasonably
necessary to secure conformance with any ordinance provision or state law,
it shall be the duty of the licensee, or the person in charge of the premises,
to give to any authorized officer, official or employee of the municipality
requesting the same sufficient samples of the material or commodity for analysis.
B.
In addition to any other penalty which may be provided,
the Town Council may revoke the special amusement permit of any licensee in
the municipality who refuses to permit any such officer, official, or employee
to make an inspection or take sufficient samples for analysis or who interferes
with such officer, official or employee while in the performance of his duty;
provided, that no license or special amusement permit shall be revoked unless
written demand for the inspection or sample is made upon the licensee or person
in charge of the premises, at the time it is sought to make the inspection.
A.
The Town Council may, after a public hearing preceded
by notice to the permit holder and public, suspend or revoke any special amusement
permit which has been issued under this chapter on grounds that the music,
dancing, or entertainment so permitted constitutes a detriment to the public
health, safety, welfare, or violates the terms of the permit or this chapter
or any other municipal ordinance, articles, bylaws, or rules and regulations.
The Town Council is hereby authorized, after public notice and hearing,
to establish written rules and regulations governing the issuance, suspension,
and revocation of special amusement 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 and 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. Such rules and regulations shall be additional to and consistent
with all sections of this chapter.
A.
Any licensee requesting a special amusement permit from
the Town Council shall be notified in writing of its decision no later than
30 days from the date his request was received. In the event that a licensee
is denied a permit, the licensee shall be provided with the reasons for the
denial in writing. The licensee may not reapply for a permit within 30 days
after an application for a permit is denied.
B.
Any licensee who has requested a permit and has been
denied, or whose permit has been revoked or suspended, may appeal the decision
to the South Berwick Zoning Board of Appeals within 30 days of the denial,
suspension, or revocation. The Zoning Board of Appeals may grant or reinstate
the permit if it finds that:
C.
Appeals from decisions of the Board of Appeals shall
be taken within 30 days to the Superior Court in accordance with Rule 80B
of the Maine Rules of Civil Procedure.
A licensed motel, Class A restaurant, Class A tavern or restaurant malt
liquor licensee who has been issued a special amusement permit may charge
admission in designated areas approved by the municipal special amusement
permit.
