TOWN OF BRIDGTON
SPECIAL AMUSEMENT ORDINANCE
Enacted: June 1978. Revised: June 9, 1993, June 12, 1996, June 11, 1997
ARTICLE I. TITLE, PURPOSE AND DEFINITION
Section 101. TITLE
This Ordinance shall be known and may be cited as the Special Amusement Ordinance of the Town of Bridgton, Maine.
Section 102. PURPOSE
The purpose of this Ordinance is to control the issuance of special permits for music, dancing, or entertainment in facilities licensed by the State of Maine to sell liquor. This section is adopted pursuant to 28-A M.R.S.A. ss1054 and 30-A M.R.S.A. ss3001.
Section 103. DEFINITIONS
103.1 Entertainment - For the purposes of this Ordinance, "entertainment" shall include any amusement, performance, exhibition or diversion for patrons or customers of the licensed premises whether provided a) by professional entertainers; b) by full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value; or c) by patrons induced by prizes or otherwise to engage in activities with an entertainment value.
103.2 Licensee - For the purpose of this Section, "licensee" shall include the holder of a license issued under the Alcoholic Beverages Statutes of the State of Maine, or any person, individual, partnership, firm, association, corporation, or other legal entity, or any agent or employee of any such licensee.
ARTICLE II. GENERAL
Section 201. PERMIT REQUIRED
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 Board of Selectmen a special amusement permit.
1. Applications for all special amusement permits shall be made in writing to the Board of Selectmen 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 Board of Selectmen in the issuing of the permit, including but not limited to a copy of the applicant's (current) liquor license.
2. A special amusement permit shall not be issued for a premises that will offer entertainment which includes;
a. Exposing to view the genitals, pubic hair, anus, vulva or any portion of the female breasts at or below 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
b. The actual or simulated touching, caressing or fondling of the breasts, buttocks or genitals.
3. 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.
4. The fee for a special amusement permit shall be $25.00.
5. The Board of Selectmen 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. (6/97)
6. The Board of Selectmen 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.
A permit shall be valid only for the license year of the applicant's existing liquor license.
Section 202. INSPECTIONS
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.
In addition to any other penalty which may be provided, the Board of Selectmen 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.
Section 203. SUSPENSION OR REVOCATION OF A PERMIT
The Board of Selectmen 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 Ordinance 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 Ordinance or any other municipal ordinance, articles, bylaws, or rules and regulations.
No permit holder shall allow on the permitted premises any activity described in paragraphs (2)(a) or (b) of section 201, 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.
Section 204. RULES AND REGULATIONS
The Board of Selectmen 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 Ordinance.
Section 205. PERMIT AND APPEAL PROCEDURES
205.1 Any licensee requesting a special amusement permit from the Board of Selectmen shall be notified in writing of their decision no later than thirty (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 Thirty (30) days after an application for a permit is denied.
205.2 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 Bridgton Board of Appeals within thirty (30) days of the denial, suspension, or revocation. The Board of Appeals may grant or reinstate the permit if it finds that:
A. The permitted activities would not constitute a detriment to the public health, safety or welfare, or violate the Town's ordinances or regulations; or
B. The denial, revocation or suspension was arbitrary or capricious.
Appeals from decisions of the Board of Appeals shall be taken within thirty (30) days to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
Section 206. ADMISSION
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.
ARTICLE III PENALTY, SEPARABILITY & EFFECTIVE DATE
Section 301. PENALTY
Whoever violates any of the provisions of this Ordinance shall be punished by a fine of not more than One Hundred Dollars ($100.00) for the first offense, and up to Five Hundred Dollars ($500.00) for each subsequent offense, to be recovered on complaint, to the use of the Town of Bridgton.
Section 302. SEPARABILITY
The invalidity of any provision of this Ordinance shall not invalidate any other part.
Section 303. EFFECTIVE DATE
The effective date of this Ordinance shall be immediately upon passage of this Ordinance.
Enacted: September 1978
Re-enacted with amendments: June 9, 1993
Section 205 Revised: June 12, 1996
Amended: June 11, 1997
SPECIAL AMUSEMENT PERMIT APPLICATION
AS DEFINED IN SECTION 201 OF THE TOWN OF BRIDGTON SPECIAL AMUSEMENT ORDINANCE, 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 MUNICIPALITY IN WHICH THE LICENSED PREMISES ARE SITUATED A SPECIAL AMUSEMENT PERMIT SIGNED BY AT LEAST A MAJORITY OF THE MUNICPAL OFFICERS.
YOUR APPLICATION FOR A SPECIAL AMUSEMENT PERMIT SHOULD BE FILED ON THIS FORM WITH THE BOARD OF SELECTMEN OR ITS DESIGNATED AGENT. PAYMENT OF A $25 FEE IS REQUIRED AT THE TIME THE APPLICATION IS FILED. A COPY OF THE SPECIAL AMUSEMENT PERMIT ORDINANCE IS AVAILABLE UPON REQUEST FROM THE BRIDGTON TOWN CLERK.
THE BOARD OF SELECTMEN SHALL, PRIOR TO GRANTING A PERMIT, HOLD A PUBLIC HEARING WITHIN 30 DAYS OF THE DATE YOU FILE YOUR COMPLETED APPLICATION AT WHICH TIME TESTIMONY WILL BE RECEIVED FROM YOU OR YOUR DESIGNATED AGENT AND/OR ANY INTERESTED MEMBER OF THE PUBLIC. FAILURE TO ATTEND THE PUBLIC HEARING MAY RESULT IN A DELAY IN ISSUING THE PERMIT.
* * * * * *
Name of Applicant for Permit: _______________________________________
Address of Applicant: _______________________________________________
Telephone # of Applicant: ___________________________________________
Name of Business to be Conducted: ___________________________________
Address of Business: ________________________________________________
Telephone # of Business: ____________________________________________
Nature of Business: _________________________________________________
Location of Business (if different from address of business): _______
_____________________________________________________________________
Is Business a Corporation, Partnership or Proprietorship? (Circle One)
Type of Entertainment Planned: ______________________________________
Has Applicant ever had a license to conduct the Business described herein denied or revoked or has Applicant or any partner or coporate officer ever been convicted of a felony? _________
If yes, please provide full details on reverse side of this Application.
Current Liquor License #: _______________
Signature _______________________________ Date _____________________
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