[HISTORY: Adopted by the Town of Cumberland 7-26-1978. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Special
Amusement Ordinance of the Town of Cumberland, Maine."
The purpose of this chapter is to control the issuance of special
permits as required by 28-A M.R.S.A. § 1054 for music, dancing
or entertainment in facilities licensed by the State of Maine to sell
liquor.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes 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.
Includes any person, individual, partnership, firm, association,
corporation, or other legal entity which is the holder of a license
for the sale of liquor to be consumed on premises owned by said licensee,
or any agent or employee of any such licensee.
A.
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 municipality
in which the licensed premises is situated a special amusement permit.
B.
Applications for all special amusement permits shall be made in writing
to the Town Council and shall state the name of the applicant; his
resident address; the name of the business to be conducted; his business
address; the nature of his business; 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, 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, the applicant shall describe specifically those circumstances;
and any additional information as may be required by the Town Council
prior to the issuance of said permit, including but not limited to
a copy of the applicant's current liquor license.[1]
C.
No permit shall be issued for any thing or act, or premises, if the
premises and building to be used do not fully comply with all ordinances,
codes and regulations of said Town.
E.
A licensed hotel, Class A restaurant, Class A tavern or restaurant
malt liquor licensee as defined in the Maine Revised Statutes who
has been issued a special amusement permit may charge admission in
designated areas approved in said permit.
A.
The Town Council shall, prior to granting a permit and after reasonable
notice to the municipality and the applicant, hold a public hearing
within 15 days of receipt of a completed application, at which hearing
the testimony of the applicant and that of any interested members
of the public shall be taken.
B.
The permit may be granted subject to such conditions and restrictions
as the Council may deem necessary.
C.
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 municipal
ordinance, code or regulation 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 said Town authorized
to make the inspection at any reasonable time that admission is requested.
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 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 is made upon the licensee or person
in charge of the premises at the time it is sought to make the inspection.
The Town Council may, after a public hearing preceded by notice
to interested parties, suspend or revoke any special amusement permit
which has been issued under this chapter on the ground that the music,
dancing, or entertainment so permitted constitutes a detriment to
the public health, safety, or welfare or violates any municipal regulations.
A.
Any licensee requesting a special amusement permit from the Town
Council shall be notified in writing of its decision no later than
15 days from the date his application 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 has
been denied.
B.
Any licensee who has requested a permit and has been denied, or whose
permit has been revoked or suspended, may, within 30 days of the denial,
suspension or revocation, appeal the decision to the Superior Court.
A.
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, 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.
B.
Such rules and regulations shall be additional to and consistent
with all sections of this chapter.
Anyone found guilty of violating any provisions of this chapter
shall be subject to a fine of not less than $50 nor more than $200.
Each day such violation continues shall be deemed to be a new offense.
