[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.
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.
A.
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.
B.
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.
C.
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.
D.
The fee for a special amusement permit is listed in the Town of Madison
Fee Schedule at the Town office.
[Amended 6-10-2019]
E.
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.
F.
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.
G.
A permit shall be valid only for one year from date
of issuance.
A.
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.
B.
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.
C.
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:
D.
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.
A.
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.
B.
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.
A.
The requirements of this section apply to both new
and existing places of assembly.
B.
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.
C.
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.
A.
All exit lighting, emergency lighting, and panic hardware
shall be continuously in peak operational condition.
B.
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.
C.
All systems and equipment shall be subject to inspection
by the local Fire Chief at any reasonable time.
A.
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.
B.
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.
