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 Town Council a special amusement permit.
A. 
Applications for all special amusement permits shall be made in writing to the Town Council and shall state the name of the applicant; his residence address; the name of the business to be conducted; his business address; the nature of his business, including a specific description of any entertainment to be offered; 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, 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; and any additional information as may be needed by the Town Council in the issuing of the permit, including but not limited to a copy of the applicant's (current) liquor license.[1]
[1]
Editor's Note: The special amusement permit application form is available in the office of the Town Clerk.
B. 
A special amusement permit shall not be issued for a premises that will offer entertainment which includes:
(1) 
Exposing to view the genitals, pubic hair, anus, vulva or any portion of the female breasts at or below the areola area thereof. "Exposing to view" includes, without limitation, appearing without an opaque covering or appearing with only an opaque covering which adheres to the skin, such as body paint; or
(2) 
The actual or simulated touching, caressing or fondling of the breasts, buttocks or genitals.
C. 
No permit shall be issued for anything, 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.
D. 
The fee for a special amusement permit shall be $35.
E. 
The Town Council shall, prior to granting a permit and after reasonable notice to the public and the applicant, hold a public hearing within 30 days of the date the request was received, at which the testimony of the applicant and that of any interested member of the public shall be taken.
F. 
The Town Council shall grant a permit unless it finds 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.
G. 
A permit shall be 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 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. Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision 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.
B. 
In addition to any other penalty which may be provided, the Town 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 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.
A. 
The Town Council may, after a public hearing preceded by notice to the permit holder and public, suspend or revoke any special amusement permit which has been issued under this chapter on grounds that the music, dancing, or entertainment so permitted constitutes a detriment to the public health, safety, welfare, or violates the terms of the permit or this chapter or any other municipal ordinance, articles, bylaws, or rules and regulations.
B. 
No permit holder shall allow on the permitted premises any activity described in § 118-4B(1) or (2), without regard to whether such activity is carried on by professional entertainers, employees or any other person and without regard to whether any compensation is paid by the permit holder.
The Town Council is 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 and 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 shall be additional to and consistent with all sections of this chapter.
A. 
Any licensee requesting a special amusement permit from the Town Council shall be notified in writing of its decision no later than 30 days from the 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 is denied.
B. 
Any licensee who has requested a permit and has been denied, or whose permit has been revoked or suspended, may appeal the decision to the South Berwick Zoning Board of Appeals within 30 days of the denial, suspension, or revocation. The Zoning 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 the Town's ordinances or regulations; or
(2) 
The denial, revocation or suspension was arbitrary or capricious.
C. 
Appeals from decisions of the Board of Appeals shall be taken within 30 days to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
A licensed motel, 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.