[Amended 6-14-2010 by Ord. No. 2-2010]
A.
Findings:
(1)
The displays of nudity offered
by such establishments and regulated by this article are a purely
commercial activity, unrelated to free expression and the exchange
of ideas.
(2)
Unlimited commercial exploitation
of nudity can induce individuals to engage in prostitution, sexual
assaults, breaches of the peace and other criminal activity.
(3)
Displays of nudity in commercial
establishments tend to create a tawdry atmosphere which would adversely
affect the quality of life of Winslow's residents.
(4)
Persons under the age of
18, by reason of their age and inexperience, are especially susceptible
to prostitution and other criminal activity if employed by or allowed
entrance as patrons of commercial establishments offering displays
of nudity.
B.
Purpose. In view of the foregoing
legislative findings, for the purpose of protecting the public health,
safety and morals, the Town Council of the Town of Winslow hereby
adopts the following regulations of commercial nudity within the Town
of Winslow.
C.
NUDITY
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
Definitions.
The showing of the human male or female genitals, pubic area
or the female breast below the top of the nipple or the depiction
of covered male genitals in a discernibly turgid state.
Flagellation or torture by or upon a person clad in undergarments
or a mask or bizarre costume or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
Acts of sodomy, masturbation, homosexuality, sexual intercourse
or physical contact with a person's clothed or unclothed genitals,
pubic area, buttocks or female breast.
D.
Certificate of occupancy required. No person operating a commercial establishment in the Town of Winslow shall allow displays of nudity on the premises of the establishment concerned without first obtaining a certificate of occupancy for that purpose from the Town's Code Enforcement Officer and Fire Chief. The application procedure and criteria for issuance of a certificate of occupancy shall be as provided in Chapter 300, Zoning; provided, however, that the following additional requirements shall apply to commercial establishments offering displays of nudity.
(1)
The application for a certificate of occupancy under § 300-25 shall state that the proposed use includes displays of nudity. The application shall describe the displays of nudity to be offered, including the intended frequency and times, and shall indicate the area of the premises where the displays of nudity shall take place.
(2)
The application shall disclose
the name and current residence address of all principals of the business
concerned and shall disclose the name and current residence address
of all persons holding a financial interest of 5% or more in the business
concerned.
(3)
Prior to granting a certificate
of occupancy, the Code Enforcement Officer shall forward the application
to the Chief of Police for a criminal information background check
on each of the persons named in the application. The Code Enforcement
Officer shall deny the application if the applicant, any principal
of the business concerned or any holder of a five-percent or greater
financial interest in the business concerned has a record of conviction
of prostitution, promoting prostitution or of a Class A, B, or C felony
under Maine law, or equivalent offenses in other jurisdictions, during
the ten-year period ending prior to the application date.
E.
Location and standards.
(1)
No certificate of occupancy shall be granted for a commercial establishment offering displays of nudity, unless the premises concerned are located on the west side of Route 201 (Augusta Rd) from Lot 137 to Lot 22 on Map 1 of the Assessor's Tax Maps dated April 1, 2017, and the premises concerned meet all district provisions and development standards contained in Chapter 300, Zoning, plus the following additional requirements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
The premises concerned
must not be located within 500 feet of any other such establishment
for which a certificate of occupancy, previously issued, remains in
force; any establishment licensed to sell alcohol for on-premises
or off-premises consumption under 28-A M.R.S.A. § 601 et
seq.; a church, chapel, parish house or other place of worship; or
a public library, juvenile shelter, orphanage, public or private school
grounds, licensed daycare, public playground or public park. The 500
feet measurement is straight line from the nearest property lines.
(b)
The premises concerned must not be located within 500 feet of the nearest district boundary of any residential zoning district established under the provisions of Chapter 300, Zoning, of the Town of Winslow, as measured in a straight line from the premises to the boundary of the zoning district.
(2)
No certificate of occupancy
shall be issued for a commercial establishment displays of nudity
unless the premises concerned include changing rooms and toilet facilities
that are separated from any area of the premises to which the public
will have access.
(3)
No certificate of occupancy
shall be issued for a commercial establishment offering displays of
nudity if any portion of the premises concerned consists of residential
apartments or units, whether or not occupied.
(4)
The premises concerned, in addition, shall meet all applicable requirements of Chapter 300, International Building Code, and Life Safety Code, as amended.
(5)
The subsequent establishment
of an establishment licensed to sell alcohol, a public or private
school grounds, a church, chapel, parish house or other place of worship,
a public library, a juvenile shelter or orphanage, a playground or
public park or the rezoning of any property to residential shall not
affect the validity of a certificate of occupancy of a legally existing
commercial establishment offering displays of nudity. In the event
of the subsequent establishment of any of the foregoing uses, the
commercial establishment offering displays of nudity shall be treated
as any other use permitted in the zoning district.
F.
Conduct.
(1)
No person under the age of
18 years shall be employed in any capacity upon the premises of a
commercial establishment that offers displays of nudity. The operator
of each such establishment shall be responsible for verifying the
age of each employee through photographic identification, including
hourly employees, salaried employees and all persons working on the
premises for tips, commissions or as independent contractors, contract
dancers or contract performers.
(a)
Each employer shall maintain
records showing the name and date of birth for each employee, including
a copy of the photographic identification used to verify age. Prior
to any employee's beginning employment, the operator shall bring the
records to the Winslow Police Department to verify the age of the
prospective employee. These records must be maintained by the employer
until six months after the employee ceases to work for the employer.
These records are also subject to review by the Winslow police on
the business premises during normal operating hours.
(b)
In the event that the
Winslow police reasonably suspect that any employee listed in the
records is under the age of 18 years, the Winslow police may copy
the record for investigatory purposes. Any record or information so
obtained, and any subsequent information developed there from, is
declared to be "intelligence and investigative information" under
16 M.R.S.A. § 803, Subsection 7, the Intelligence and Investigative
Record Information Act, which, if publicly disclosed, would endanger
the life or safety of the individuals named therein. Record information
may be disclosed to the person named therein, notwithstanding this
declaration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
No person under the age of
18 years shall be admitted to any commercial establishment offering
displays of nudity, as a customer or patron. The operator of each
such establishment shall be responsible for verifying the age of each
person entering the premises, through photographic identification.
(3)
No alcoholic beverages shall
be sold, served or given away on the premises of any commercial establishment
offering displays of nudity, whether for on-premises or off-premises
consumption. Operators of any such establishment shall not allow customers
or patrons to bring or consume alcoholic beverages on the premises.
(4)
There shall be no physical
contact on the premises between patrons and those displaying nudity.
For the purposes of this subsection, physical contact does not include
incidental touching between someone displaying nudity and a patron
of a business or social nature, i.e., a handshake or the brief contact
that occurs while a patron is giving a tip. In no case shall incidental
contact be deemed to include contact barred by the state statutes
regarding unlawful sexual contact.
(5)
No one who removes any garments
during displays of nudity shall toss or throw those garments to any
customer or patron.
(6)
No one displaying nudity
shall engage in any sadomasochistic abuse or sexual conduct.
(7)
Displays of nudity in a commercial
establishment shall not include any showing of the male or female
genitals, pubic area, perineum or anus of any person with less than
a fully opaque covering.
(8)
There shall be no displays
of nudity after the hour of 1:00 a.m. All premises offering displays
of nudity shall be closed and cleared of customers and patrons between
the hours of 1:15 a.m. and 6:00 a.m. Mondays through Saturdays and
9:00 a.m. Sundays.
(9)
No display of nudity shall
be visible from any public property or other private property.
G.
Violations and penalties.
(1)
Any violation of this article by the owner, lessee, licensee, permittee or operator of a premises shall constitute a land use violation and shall be subject to prosecution and penalties as provided in 30-A M.R.S.A. § 4452 and § 300-13, provided that the minimum fine for any violation by such persons shall be $500 for each offense, none of which may be suspended. In addition, the Code Enforcement officer may suspend or revoke the certificate of occupancy for any establishment offering displays of nudity in violation of this article, or in violation of conditions contained in the certificate of occupancy. Suspension or revocation of a certificate of occupancy shall be subject to administrative appeal as provided in § 300-14, Right of appeal.
(2)
Any violation of this article
by a person other than the owner, lessee, licensee, permittee or operator
of a premise shall be punished by a fine of not less than $500 for
the first offense, and not less than $1,000 for the second and subsequent
offenses, none of which may be suspended.
(3)
Any violator shall be responsible
for the Town's reasonable attorney's fees in prosecution of a violation.
(4)
Each day a violation continues
shall be a separate offense.
I.
Theatrical productions.
(1)
The application and location restrictions of § 300-89E above shall not apply to theaters, dinner theaters, licensed movie theaters or similar establishments which are primarily devoted to theatrical performances or the presentation of movies, provided that any displays of live nudity within such theaters, dinner theaters, licensed movie theaters or similar establishments shall be limited to occasional nudity by bona fide stage actors during the course of theatrical performances; provided also that the provisions of § 300-89F(4) through (8) shall apply.
