Town of Bar Harbor, ME Chapter 7 Adult Businesses

[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 10-2-1990 as § 08.05 of the 1990 Code. Amendments noted where applicable.]

§ 7-1 Purpose.

The purpose of this chapter is to regulate nudity as a form of commercial exploitation and to regulate dress as a form of conduct and not to impede the free exchange and expression of ideas. The conduct regulated is that which the community and Town Council have clearly found to be offensive to the general welfare, public safety, order and morals of the Town of Bar Harbor and its citizens.

§ 7-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUSINESS

Includes any activity engaged in or caused to be engaged in by any person or persons, natural or corporate, with the object and purpose of economic gain, benefit, or advantage, either direct or indirect.

EXPOSE or EXPOSED

Unclothed or uncostumed or not covered by a fully opaque material.

SALES PERSON

A person shall be deemed a sales person, waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

THEATER

A. A building, playhouse, hall, or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage;

B. A building, room, hall, or other place whose primary function is to present movies or motion pictures and which has a permanent movie screen and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of said screen; or

C. An open-air or drive-in movie having a permanently affixed movie screen and permanently affixed devices for broadcasting the soundtracks of movies or motion pictures inside of the patrons' vehicles.

§ 7-3 Prohibited acts.

A. It shall be unlawful for a person, while acting as a sales person, waiter, waitress, entertainer or in any other capacity as an owner, manager, or employee in a business conducted and/or operated anywhere within the Town of Bar Harbor:

(1) To expose his or her genitals, pubic hair, buttocks, perineum, or anus; or

(2) To expose any portion of the female breasts at or below the areola thereof.

B. It shall be unlawful for a person to cause, permit, procure, counsel, or assist any person to expose himself or herself as prohibited by Subsection A of this section.

C. It shall be unlawful for a person operating a business anywhere within the Town of Bar Harbor to, at said place of business, display or cause or permit the display of photographs, covers of magazines, newspapers or other printed matter which exposes or shows genitals, pubic hair, buttocks, perineum, anus, or female breasts at or below the areola thereof, in such manner that such photographs, covers of magazines, newspapers, or other printed matter is visible to children or unwilling adults using the sidewalks, streets, or highways.

§ 7-4 Exceptions.

A. Section 7-3A and B of this chapter do not apply to a theater or similar establishment which is primarily devoted to theatrical performances or the presentation of movies.

B. This chapter does not apply to any act authorized or prohibited by any statute of the State of Maine.

§ 7-5 Violations and penalties.

A. Any act made unlawful by this chapter and any violation of this chapter shall be punishable pursuant to the provisions of the Town of Bar Harbor Code, § 1-18, General penalty. Each day that such unlawful act or violation continues shall be considered a separate offense.

B. In addition to any other penalty provided by the law, the commission of acts prohibited by this chapter shall constitute a nuisance and may be abated by the Town seeking an injunction to prohibit further and continued violation thereof.