[Ord. of 11-1-1993]
This article shall be known and may be cited as the "Special
Amusement Ordinance of the City of Old Town, Maine."
[Ord. of 11-1-1993]
The purpose of this article is to control the issuance of special
permits for music, dancing or entertainment in facilities licensed
by the state to sell liquor as required by 28-A M.R.S.A. § 1054.
[Ord. of 11-1-1993]
As used in this article, the following terms shall have the
meanings indicated:
Includes any:
Includes 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.
[Ord. of 11-1-1993; Ord. of 5-1-1995]
(a)
No licensee for the sale of liquor to be consumed on licensed premises
shall permit on his licensed premises any music, except radio or other
mechanical device, or any dancing or entertainment of any sort unless
the licensee shall have first obtained from the municipality in which
the licensed premises are situated a special amusement permit signed
by at least a majority of the municipal officers.
(b)
Live entertainment regulated.
(1)
No licensee shall permit entertainment on the licensed premises
whether provided by professional entertainer(s), employees of the
licensed premises or any person when the entertainment involves:
a.
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law;
b.
The actual or simulated touching, caressing, or fondling on
the breasts, buttocks, anus or genitals;
c.
The actual or simulated displaying of the genitals, pubic hair,
buttocks, anus, or any portion of the female breasts at or below the
areola area thereof;
d.
The permitting by any licensee of any person to remain in or
upon the licensed premises who exposes to any public view any portion
of his or her genitals or anus.
(2)
For the purposes of this subsection, the terms "displaying"
or "expose" shall mean unclothed or uncostumed and not covered by
a fully opaque material.
[Ord. of 11-1-1993]
(a)
Applications for all special amusement permits shall be made in writing
to the municipal officers and shall state:
(1)
The name of the applicant;
(2)
The applicant's residence address;
(3)
The name of the business to be conducted;
(4)
The applicant's business address;
(5)
The nature of the applicant's business;
(6)
The location to be used;
(7)
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;
(8)
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;
(9)
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.
(b)
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.
(c)
The municipal officers shall, prior to granting a permit and after
reasonable notice to the municipality and the applicant, hold a public
hearing within 15 days of the date the request was received.
(d)
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. In determining whether an application shall be detrimental to public health, safety or welfare or violate municipal ordinances, the City Council shall, in addition to other relevant ordinances, refer to § 10-5.
(e)
A permit shall be valid only for the license year of the applicant's
existing liquor license and shall expire at the same time the applicant's
liquor license expires.
[Ord. of 11-1-1993]
The municipal officers are hereby authorized to promulgate reasonable
fees for special amusement permits which may be changed from time
to time.
[Ord. of 11-1-1993]
(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
provisions 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 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 provisions or state law,
it shall be 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 of any licensee in
the municipality who 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 duty. 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.
[Ord. of 11-1-1993]
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.
[Ord. of 11-1-1993]
(a)
The municipal officers are 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 article.
[Ord. of 11-1-1993]
(a)
Any licensee requesting a special amusement permit from the municipal
officers shall be notified in writing of their decision no later than
15 days from date his request 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 which 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 municipal board
of appeals as defined in 30-A M.R.S.A. § 2691. The municipal
board of appeals may grant or reinstate the permit if it finds that
the permitted activities would not constitute a detriment to the public
health, safety or welfare, or that the denial, revocation or suspension
was not based by a preponderance of the evidence on a violation of
any ordinance, article, bylaw or rule or regulation of the municipality.
[Ord. of 11-1-1993]
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.
[Ord. of 11-1-1993]
Any person who shall violate a provision of this article or code or shall fail to comply with any of the requirements thereof, or who shall violate any permit or license issued pursuant to this article or code, shall be subject to penalties and provisions as defined in § 1-8 of the Code.
[Ord. of 11-1-1993]
The provisions of this article shall be severable and if any
phrase, clause, sentence, section or provision, or the application
thereof, shall be held invalid, the remainder of this article and
the application thereof shall not be affected thereby. The invalidity
of any provision of this article shall not invalidate any other part.
