The purpose of this chapter is to control the issuance of special
permits for music, dancing or entertainment in facilities licensed
by the State of Maine to sell liquor as required by 28-A M.R.S. § 1054.
For purposes of 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 the holder of a license issued under the alcoholic
beverages statutes of the State of Maine, or any person, individual,
partnership, firm, association, corporation or other legal entity,
or any agent or employee of any such licensee.
[Amended 5-9-2022]
A.
No licensee for the sale of liquor to be consumed on his/her licensed
premises may permit on his/her licensed premises any music, except
radio or other mechanical device, any dancing or entertainment of
any sort unless the licensee has first obtained from the Town a special
permit.
B.
Applications for all special amusement permits are made in writing
and must state the name of the applicant; his/her residence address;
the name of the business to be conducted; his/her business address;
the nature of his/her 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, to 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
is to describe specifically those circumstances; and any additional
information as may be needed by the municipal officers in the issuing
of the permit, including but not limited to a copy of the applicant's
current liquor license.
C.
No permit may be issued if the premises and building to be used for
the purposes do not fully comply with all ordinances, statutes and
regulations of the Town and the State of Maine. Upon receipt of the
application, the Code Enforcement Officer will inspect the premises
and building to determine compliance with applicable ordinances, statutes
and regulations.
E.
The municipal officers shall hold a public hearing within 30 days
of the date of any original application received, at which the testimony
of the applicant and that of any interested members of the public
is taken. The applicant shall be notified of the hearing date.
F.
The Town Manager may review and approve any application for renewal
of a permit, if the permit-holder is in compliance with applicable
ordinances, statutes, and regulations. The Town Manager shall request
the municipal officers hold a public hearing, in accordance with § 5.2.7.E,
and vote on the permit renewal application if the applicant does not
have an unexpired permit at the time of applying for a renewal permit,
if the applicant is not in compliance with applicable ordinances,
statutes, and regulations, or upon recommendation of the Code Enforcement
Officer.
G.
The Town is to grant a permit, unless it is determined that issuance
of the permit will be detrimental to the public health, safety or
welfare, or would be in violation of any Town or state ordinance,
rules and regulations.
H.
A permit is 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 is 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.
B.
Whenever an analysis of any commodity or material is reasonably necessary
to secure conformance with any ordinance provision or state law, it
is 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.
C.
In addition to any other penalty which may be provided, the municipal
officers may revoke the special amusement permit if the permit holder
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/her duty. No license or special amusement permit may 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 the request
for the inspection is made.
[Amended 5-30-2018 by Ord. No. 04-18; 5-9-2022]
The municipal officers may, after a public hearing preceded
by notice to interested parties, suspend or revoke any special amusement
permits which have been issued under this chapter on the grounds that
the music, dancing or entertainment so permitted constitutes a detriment
to the public health, safety or welfare or violates any municipal
ordinances, articles, bylaws or rules and regulations.
The municipal officers are 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. Such rules and regulations are in addition to and must
be consistent with all sections of this chapter.
[Amended 5-30-2018 by Ord. No. 04-18; 5-9-2022]
A.
In the event that an applicant is denied a permit, the applicant
must be provided with the reasons for the denial in writing. The applicant
may not reapply for a permit within 30 days after an application for
a permit has been denied.
B.
Any person aggrieved by the decision of the Town Council may appeal
such decision to the Superior Court as otherwise provided by law and
Rule 80(B) M.R.C.P.
A licensed hotel, 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.
[Amended 5-30-2018 by Ord. No. 04-18; 5-9-2022]
Any violation of this chapter will be assessed a penalty of
$250. Each day any violation of this chapter continues constitutes
a separate offense.
