City of Biddeford, ME
York County
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Table of Contents
Table of Contents
[Code 1975, § 4-41]
A licensed hotel, Class A restaurant, Class A tavern or restaurant malt liquor licensee who has been issued a special amusement permit as provided in Section 6-96 et seq. may charge admission in designated areas approved by the municipal special amusement permit.
[Code 1975, § 4-42]
Whoever violates any of the provisions of this article shall be punished by a fine of not more than $100 for the first offense, and up to $500 for subsequent offenses, to be recovered, on complaint, to the use of the City; except that in the case of an initial violation of the noise levels contained in this article in Section 6-103(a)(2) the alleged violator will be given written notice pursuant to Sections 34-60(c) and (d). Subsequent violations will subject the alleged violator to sanctions set out in Section 6-101 of this article.
[Code 1975, § 4-40(c)]
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AMBIENT NOISE
The all-encompassing noise associated with a given environment, being a composite of sounds from many sources near and far.
COMPLIANCE REPORT
The document prepared quarterly by the inspection officer recording the findings of quarterly inspections to determine a licensee's ability to comply with the requirements of this division.
DECIBEL
A unit of level when the base of logarithm is the 10th root of 10 and the quantities concerned are proportional to power.
ENTERTAINMENT
Any live amusement, performance, exhibition or diversion for patrons or customers of the licensed premises, whether provided by professional entertainers or by full or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value coincident to any live entertainment.
INSPECTION OFFICER
The law enforcement officer acting in behalf of the City to ensure proper enforcement of the provisions of this article.
LICENSEE
The holder of a license issued under the alcoholic beverages statutes of the state or any person, individual, partnership, firm, association, corporation, or other legal entity, or any agent or employee of any such licensee acting on behalf of such licensee.
LOT LINE
The boundary separating one parcel of land from another, or from a public way. In situations involving multiple buildings on the same lot, or multiple occupancies within the same building, the lot line shall be deemed to be the exterior wall or the party wall (including floors and ceilings).
LOUD AND UNREASONABLE NOISE
Any sound, the intensity of which exceeds the standards set forth in Section 6-103(a)(2) of this article.
SOUND LEVEL METER
An instrument including a microphone, amplifier, an output meter, and frequency weighting networks for measurement of sound levels which satisfies the standards of the American National Standards Institute for type I or type II meters.
SOUND PRESSURE LEVEL (NOISE LEVEL)
In decibels db(A) or db(C) means the sound measured with either the A- or C-weighting and slow response by a sound level meter.
[Code 1975, § 4-40(b)]
The purpose of this division is to control the issuance of special permits for live entertainment in facilities licensed by the state to sell liquor by 28-A M.R.S.A. § 1054.
[Code 1975, § 4-1]
In any licensed establishment as defined in 28-A M.R.S.A. § 2 in the City, dancing and entertainment shall be permitted on the premises as provided in this division.
[Code 1975, § 4-41(a)]
(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 City a special amusement permit signed by at least a majority of the City Council.
(b) 
The application for a special amusement permit shall be obtained from the City Clerk. Applications for all special amusement permits shall be made in writing to the City 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 the business; the location address to be used; as well as all places of residence of the applicant during the past five years, and all business addresses of the applicant during the past five years; the hours during which the business shall be in operation; whether the applicant has ever had a license to conduct the business therein described either denied or revoked and, if so, the applicant shall 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 shall describe specifically those circumstances specifically; and any additional information as may be needed by the City Council in issuing the permit, including, but not limited to, a copy of the applicant's liquor license.
(c) 
No permit shall be issued for any thing, or act, or premises, if the premises or building to be used for such purposes do not fully comply with any other ordinances which may be applicable, articles, bylaws, or rules and regulations of the City and the laws of the state.
(d) 
The fee for a special amusement permit shall be $40, which will include advertising fees.
(e) 
The City Council shall, prior to granting a permit and after reasonable notice to the applicant and interested parties, hold a public hearing, at which the testimony of the applicant and that of any interested members of the public shall be taken.
(f) 
The City Council shall grant a permit unless they find reasonable cause to believe issuance of the permit will be detrimental to the public health, safety or welfare, or would violate municipal ordinances, rules or regulations, articles or bylaws, or the peaceful enjoyment of contiguous properties.
(g) 
A permit under this division shall be valid only for the license year of the applicant's existing liquor license and in no event shall exceed 12 consecutive months.
[Code 1975, § 4-41(b)]
(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 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 the City authorized to make the inspection at any reasonable time that admission is requested.
(b) 
The City Council shall require an initial inspection of the premises and licensee for overall ability to comply with the provisions of this division. Thereafter, quarterly inspections shall be completed not later than the 10th day of the following month after the close of the latest quarter, and the inspection officer shall record the findings by completing a compliance report.
(c) 
In addition to any other penalty which may be provided, the City 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 take sufficient samples pursuant to Section 34-58 of this Code or who interferes with such officer, official or employee while in the performance of his duties, provided that no license or special amusement permit shall 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 it is sought to make the inspection.
[Code 1975, § 4-41(c)]
The City Council may, after public hearing preceded by seven days' notice to interested parties, suspend or revoke any special amusement permits which have been issued under this division on the grounds that the activity so permitted constitutes a detriment to the public health, safety or welfare, or violates this division and any other municipal ordinances, articles, bylaws, rules or regulations.
[Code 1975, § 4-41(e)]
(a) 
Any licensee requesting a special amusement permit from the City Council shall be notified in writing of the Council's decision no later than 15 days from the date his request was received. If the 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 Board of Appeals in accordance with 30-A M.R.S.A. § 2691.
(c) 
The Board of Appeals may grant or reinstate the permit if it finds that:
(1) 
The permitted activities would not constitute a detriment to the public health, safety or welfare, or violate municipal ordinances or regulations; or
(2) 
The denial, revocation or suspension was arbitrary and capricious.
[Code 1975, § 4-41(d)]
(a) 
An applicant for a special amusement permit under this division shall, as part of his application, list what measures will be taken to contain noise generated by such amusement within the premises itself.
(1) 
Sources of noise contemplated by this section shall include, but not be strictly limited to, musical instruments, sound modification or amplification devices used in connection with musical instruments, and/or other similar devices which produce, reproduce or amplify sound created by musical instruments. Sources of noise shall further include public address or other voice amplification systems used in connection with live entertainment.
(2) 
The maximum permissible sound pressure level of any continuous, regular, frequent, intermittent or periodic source of noise produced by any activity regulated by this division shall be established by the type of land use district listed below; sound pressure levels shall be measured in a manner consistent with the procedure set out in Section 34-60 of this Code.
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
db(A)
db(C)
db(A)
db(C)
Industrial districts
70
82
60
72
Commercial districts
60
72
50
62
Residential districts
55
67
45
57
The levels specified may be exceeded by 10 db(A) for a single period of no longer than 15 minutes in any one day.
(b) 
For the purpose of this section, the licensee or his authorized representative shall not permit the use of the premises to result in any continued, excessive or unreasonable loud noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health or safety of individuals; or which results in disturbing the peace and tranquility of the neighborhood.