[HISTORY: Adopted by the Town Meeting of the Town of Madison 3-17-1980; printed as amended 3-6-1989. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any amusement, performance, exhibition or diversion for the patrons of the premises, whether provided by professional entertainers or by full- or part-time employees of the premises whose incidental duties include activities with an entertainment value.
- LICENSED PREMISES
- Any building, structure or area which shall host any entertainment, amusement, or show, for which a special amusement permit has been issued.
- Shall include the holder of a state-issued liquor license; any person, individual, partnership, firm, association, corporation, or other legal entity; or any agent or employee of any such licensee acting on behalf of said licensee or left in charge or control of such licensee's premises.
- Shall include any corporation, partnership, unincorporated association or any other entity.
No licensee for the sale of liquor to be consumed on his licensed premises shall permit on said premises any music except radio or other mechanical device for any dancing or entertainment as defined in § 142-1, definition of "entertainment," unless the licensee shall have first obtained from the Town of Madison a special amusement permit signed by a majority of the Board of Selectmen.
Applications for all special amusement permits shall be made in writing to the Board of Selectmen and shall state the name of the applicant, his residence address, the name and address of his business, the nature of his business, the location to be used, all places of residence of the applicant during the past five years, whether the applicant has ever had a license to conduct special amusement and/or liquor license either denied or revoked, and if so, a specific description of the circumstances, whether the applicant, including all partners or corporate officers, has ever been convicted of a felony, and, if so, a complete description of the circumstances, any information needed by the Board of Selectmen, including, but not limited to, a copy of the applicant's current liquor license and whether the applicant has ever had liquor license revoked.
No permit shall be issued if the premises and building(s) to be used for the purposes do not fully comply with all ordinances, articles, bylaws, or rules and regulations of the Town of Madison.
The fee for a special amusement permit is listed in the Town of Madison Fee Schedule at the Town office.
The Board of Selectmen shall, prior to granting a permit and after seven days' notice to the Town of Madison and the applicant, hold a public hearing at which testimony of the applicant and that of any interested members of the public shall be taken.
The Board of Selectmen shall grant a permit unless they find that issuance of the permit will be detrimental to public health, safety and welfare, or would violate any other municipal ordinances, rules, regulations, articles, bylaws or provisions of this chapter.
A permit shall be valid only for one year from date of issuance.
Tumultuous conduct. The license shall not knowingly allow on any licensed premises any person or person to disturb, tend to disturb or aid in disturbing the peace of others of ordinary sensibilities or to be disorderly by violent, tumultuous, offensive or obstreperous conduct, or to permit or gather a crowd or audience of patrons to witness any entertainment, amusement or show as to create a dangerous condition because of fire or other risks in derogation of the public health, comfort, convenience, safety or welfare.
Riots. The licensee shall not allow on any licensed premises any public entertainment, amusement or show of any kind which tends to or is calculated to cause or promote a riot or disturbance.
Unnecessary noise. The licensee shall not allow on any licensed premises the making, creation or maintenance of excessive or unnecessary or unnaturally loud noises so as to disturb, annoy, injure, prejudice, or endanger the comfort, repose, health, peace or safety of:
Nuisances. The licensee shall not allow any licensed premises to be so conducted or operated as to amount to a nuisance in fact under any ordinances, or any articles, bylaws, rules or regulations of Madison, or statutes of the State of Maine.
Whenever inspections of the premises used for or in connection with the issuance of a special amusement permit are provided for or required by ordinance or are reasonably necessary to secure compliance with or violations of any ordinance provision(s), it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto, for the purpose of making the inspection, any officer, official or employee of the Town of Madison duly authorized or directed by the Board of Selectmen to make such inspection at any reasonable time requested, and to assure that said person performing the inspection shall not be interfered with nor harassed in any way.
The Board of Selectmen may suspend or revoke any special amusement permits which have been issued or are to be issued under this chapter on the grounds that the music, dancing or entertainment permitted so constitutes a detriment to the public health, safety, and welfare or is in violation of any articles, bylaws, rules, regulations or ordinances of the Town of Madison.
Any licensee whose permit has been suspended or revoked may, within 30 days of the suspension or revocation, seek review of such action pursuant to Rule 80B of the Maine Rules of Civil Procedure. The Superior Court may reinstate the permit if it finds that the permitted activity would not constitute a detriment to the public health, safety or welfare, or that the revocation or suspension was arbitrary and capricious.
The requirements of this section apply to both new and existing places of assembly.
An existing place of assembly whose occupancy capacity and safety requirements were established prior to the effective date of this ordinance may have its used continued if: 1) it conforms to, or 2) if it is made to conform to this chapter to the extent that, in the opinion of an agent of the State Fire Marshal, reasonable safety against the hazards of fire, explosions and panic is provided and maintained.
The licensee or his agent shall be responsible for having complete fire and safety inspection completed by an agent of the State Fire Marshal's Office, as shall submit with his application for an amusement permit, a documented copy of the inspection results, including the changes, if any, to be made in seating, exits, capacity, safety equipment and/or any other changes required by the State Inspector.
All exit lighting, emergency lighting, and panic hardware shall be continuously in peak operational condition.
Systems shall be under supervision of a qualified person possessing an adequate knowledge of the proper test and intervals at which these tests must be conducted.
All systems and equipment shall be subject to inspection by the local Fire Chief at any reasonable time.
Any licensee requesting a special amusement permit shall be notified in writing of a decision within 15 days from the date the request is received. In the event that a licensee is denied a permit, the licensee shall be provided with the reasons for the denial in writing, and shall not be eligible to reapply for a permit within 30 days after an application for a permit has been denied.
Any licensee who has requested a permit and has been denied may, within 30 days of the denial, seek review of such action or failure to comply in accordance with the Maine Rules of Civil Procedure, Rule 80B. The Superior Court may grant or reinstate the permit if it finds that the permitted activities would not constitute a detriment to the public health, safety or welfare, or that the denial was not based on evidence of a violation of any article, bylaw, rule, regulation or ordinance of the Town of Madison.
Whoever violates any of the provisions of this chapter shall be punished by a fine of not more than $100 for the first offense, nor more than $500 for each subsequent offense, to be recovered on complaint, to the use of the Town of Madison, and revocation of the licensee's permit pursuant to § 142-5A of this chapter.
The invalidity of any provision of this chapter shall have no reflection on the validity of any other part thereof.
The effective date of this chapter shall be immediately upon adoption by the public at either a Special or Annual Town Meeting.