[Adopted 3-7-1978; amended 11-16-1993]
[Amended 5-15-2018 by Order No. 18-116-01]
The purpose of this article is to regulate, pursuant to 28-A
M.R.S.A. § 1054 et seq., the issuance of special amusement
permits for music, dancing or entertainment in facilities licensed
by the State to sell alcoholic beverages, and to regulate, pursuant
to the City of Sanford's home rule authority, the issuance of special
amusement permits for dance halls or nightclubs that admit patrons
over and under the age of 21.
[Amended 5-15-2018 by Order No. 18-116-01]
In general, all words, phrases, and terms used in this article
shall have their customary and usual meanings; as used in this article,
the following words, phrases, and terms shall have the meaning indicated.
Any commercial premises a primary function of which is to
offer patrons an opportunity to engage in social activities such as
dancing, the enjoyment of live or prerecorded music, or the enjoyment
of entertainment provided by dancers or other performers, provided
that it shall not include events sponsored by accredited educational
institutions and held under the direct supervision of school authorities.
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.
A.
A licensee for the sale of alcoholic beverages to be consumed on his or her licensed premises shall not permit any live music, dancing or entertainment of any kind on the premises until a special amusement permit has been first approved by the City Council or City Clerk as established by Chapter 149, Licensing, § 149-1.7, Authority to issue licenses. A business shall not operate as a dance hall or nightclub that admits persons over or under the age of 21 until the business has first obtained a special amusement permit approved by the City Council or City Clerk as established by Chapter 149, Licensing, § 149-1.7, Authority to issue licenses.
[Amended 5-15-2018 by Order No. 18-116-01; 7-21-2020 by Order No. 19-954-01]
C.
No permit shall be issued for any thing, 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 established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code for special amusement permits, plus the cost of advertising for a public hearing when applicable for new or renewal applications.
[Amended 5-15-2018 by Order No. 18-116-01; 7-21-2020 by Order No. 19-954-01]
E.
The municipal officers shall, prior to granting a
new permit and after reasonable notice to the municipality and the
applicant, hold a public hearing at which the testimony of the applicant
and that of any interested members of the public shall be taken.
[Amended 7-21-2020 by Order No. 19-954-01]
F.
The municipal officers shall grant a permit unless
they find 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.
A.
Tumultuous conduct. The licensee shall not knowingly
allow on any licensed premises any person or persons 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, or patrons to
witness any entertainment, amusement, or show so 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 or amusement or show of any kind
which tends to or is calculated to cause or promote any 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 unnatural or unusually loud noise which disturbs,
annoys, injures or prejudices or endangers the comfort, repose, health,
peace, or safety of individuals of ordinary sensibilities or the public
in general, or the property rights of others, and which noises affect
and are a detriment to public health, comfort, convenience, safety,
welfare, or the prosperity of the residents of the municipality.
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 ordinance or any sections of any ordinances, articles,
bylaws or rules and regulations of the municipality or under any statutes
of the State of Maine.
E.
Prostitution and public indecency. The licensee shall
not allow on any licensed premises or aid in or offer or agree to
or allow in or near such licensed premised any prostitution, or prostitutes,
or any public indecency under any or in derogation of any statutes
of the State of Maine, or any meretricious display, or lewd act, or
act of moral perversion, or knowingly receive or offer or agree to
receive any person at such licensed premises for the purpose of performing
a lewd act, or an act of prostitution or moral perversion, or public
indecency, or knowingly permit any person to remain on such licensed
premises for any such purpose, or to aid, abet, allow, permit, or
participate in the commission of any of such acts.
F.
Solicitation of drinks. The licensee shall not allow
on any licensed premises any person to frequent or loiter with the
purpose of soliciting any other person, customer, or patron to purchase
any drink of any kind.
G.
Gambling. The licensee shall not allow on any licensed
premises the use or occupancy thereof for gambling or games of chance
as prohibited by the statutes of the State of Maine or ordinances,
articles, bylaws or rules and regulations of the municipality.
H.
Obscenity. The licensee, on any licensed premises,
shall not:
(1)
Knowingly disseminate, distribute or make available
to the public any obscene material;
(2)
Knowingly make available to the public any obscene
performance;
(3)
Knowingly engage in commerce and/or for commercial
gain with materials depicting and describing explicit sexual conduct,
nudity, or excretion utilizing displays, circulars, advertisements,
or any other public sales efforts that promote such commerce primarily
on the basis of their prurient appeal;
(4)
Provide service to patrons in such a manner as to
expose to public view:
(a)
The licensee's or any of his agents' or employees'
genitals, public hair, buttocks, perineum, anal region or pubic hair
region;
(b)
Any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(c)
Any portion of the female breast at or below the areola
thereof; or
[1]
Editor’s Note: Former §§ 74-6, Inspections,
74-7, Denial, suspension or revocation of permit, 74-8, Rules and
regulations, and 74-9, Permit and appeal procedures, were repealed
5-15-2018 by Order No. 18-116-01.
[Amended 5-15-2018 by Order No. 18-116-01]
A licensed hotel, Class A restaurant, Class A tavern or restaurant
or malt liquor licensee, as defined in 28-A M.R.S.A., which has been
issued a special amusement permit may charge admission in designated
areas, provided that such areas must be so designated in the application
and approved by the City Council.
[Added 5-15-2018 by Order
No. 18-116-01]
All dances shall be terminated at 1:00 a.m.; provided, however,
that upon application and investigated by the City, permission may
be granted to continue a dance until the time specified in the application.
[Added 5-15-2018 by Order
No. 18-116-01]
No ticket shall be sold or accepted for admission to a dance
or special amusement after 12:00 midnight.
[Added 5-15-2018 by Order
No. 18-116-01]
A.
It shall be unlawful after 9:00 p.m. to allow any person to attend
or take part in any dance or remain in any dance hall if such person
is under 16 years of age, unless such person is in the company of
at least one of his or her parents or a legal guardian.
B.
It shall be unlawful for any person to make any misrepresentation
or false statement relative to his or her age or the age of any other
person for the purpose of obtaining admission to a dance hall or obtaining
permission to remain in a dance hall in violation of this section.
C.
It shall be unlawful for any person to falsely represent himself
or herself to be a parent or legal guardian of any person in order
that such person may obtain admission to a dance hall or be permitted
to remain therein in violation of this section.
[Added 5-15-2018 by Order
No. 18-116-01]
A.
No licensee shall allow entertainment on the licensed premises, whether
provided by professional entertainers, employees of the licensed premises
or by any person, when the entertainment involves:
(1)
The performance of acts or simulates acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law.
(2)
The actual or simulated touching, caressing or fondling of the
breasts, buttocks, anus or genitals.
(3)
The actual or simulated displaying of genitals, pubic hair,
buttocks, anus or any portion of the female breasts at or below the
areola area thereof.
(4)
The allowing by any licensee of any person to remain in or upon
the licensed premises who exposes to public view any portion of their
genitals or anus.
(5)
The allowing by any licensee of any person to remain in or upon
the licensed premises who prostitutes.
B.
For the purposes of this section, the term "displaying" or "expose"
shall mean unclothed or uncostumed and not covered by a fully opaque
material.
[1]
Editor’s Note: Former § 74-11, Violations and penalties,
was repealed 5-15-2018 by Order No. 18-116-01.
