Summary Business Licensing Amendments

Transcription

1 Summary Business Licensing Amendments 1. An Ordinance amending Chapter 149 Article I, establishing and amending licensing and fees 2. An Ordinance amending regulation of certain businesses including: a. Chapter 74 regulating special amusements such as live entertainment; dance clubs; and night clubs where people under the age of 21 may and may not be present. b. Chapter 83 regulating assemblies, public as temporary exhibitions c. Chapter 108 regulating dance halls as special amusements d. Chapter 149, Article III regulating arcade devices, electronic video game machines, and coin-operated amusement devices e. Chapter 149 regulating peddlers f. Chapter 164 regulating massage therapists and massage establishments g. Chapter 193 regulating pawnbrokers, junk dealers, secondhand dealers, and flea markets h. Chapter 198 regulating photographers, itinerant 3. An Ordinance establishing regulation of certain businesses including: a. Chapter 74 regulating B.Y.O.B functions b. Chapter 78 regulating kennels c. Chapter 149 regulating to alcohol and drug free housing, which is a business operated on a residential premises tailored for people in recovery from substance abuse disorders that may or may not be occupied under the definition of a family as defined by the Zoning Code, as a community living facility for eight or fewer people residing at that premises and that is not a state-licensed housing facility. An alcohol and drug free house is also known as a sober house or recovery house d. Chapter 149 regulating breweries, wineries, and distilleries e. Chapter 149 regulating close-out sales f. Chapter 149 regulating places of assembly such as concert halls, indoor and outdoor exhibition places, playhouses, movie theatres, concession stand, indoor skating rinks, bowling alleys, billiard rooms, and municipal facilities and temporary exhibitions such as traveling amusement show or temporary exhibition, circuses, carnivals, pageant, theatrical performance whether indoors or outdoors, including a music festival or exhibition for the purposes of amusement or entertainment g. Chapter 149 regulating residential care facilities such as group homes, but not including nursing homes or hospitals

2 h. Chapter 149 regulating sport shooting ranges open to the public, used principally or primarily for archery, skeet and/or trap shooting, other shooting sports, shooting rifles, shotguns and pistols or other projectiles such as paint balls or laser tag i. Chapter 149 regulating tattoo artist and body piercing establishments j. Chapter 149 regulating yard sales k. Chapter 215 regulating tobacco retailers including the sale of marijuana paraphernalia l. Chapter 220 regulating private solid waste and recycling haulers and dumpsters m. Chapter NEW regulating lodging establishments where sleeping accommodations are furnished to the public as a business, such as bed and breakfasts, guest homes, hotels, inns, motels, and cottages

3 AMENDMENTS - BUSINESS LICENSING PROGRAM AND FEE SCHEDULE TABLE OF CONTENTS 1. Ch. 149, Licensing, Art. I, Business Licensing 2. Ch. 74, Alcohol and Entertainment, Art. I, Special Amusement; Art. II, Bottle Clubs; Art. NEW, B.Y.O.B. Functions 3. Ch. 78, Animals, Art. NEW, Kennels 4. Ch. 83, Assemblies, Public 5. Ch. 108, Dance Halls 6. Ch. 149, Licensing, Art. III, Electronic Video Games 7. Ch. 149, Licensing, Art. NEW, Alcohol and Drug Free Housing 8. Ch. 149, Licensing, Art. NEW, Breweries, Wineries, and Distilleries 9. Ch. 149, Licensing, Art. NEW, Close-out Sales 10. Ch. 149, Licensing, Art. NEW, Peddlers 11. Ch. 149, Licensing, Art. NEW, Places of Assembly and Temporary Exhibitions 12. Ch. 149, Licensing, Art. NEW, Residential Care Facilities 13. Ch. 149, Licensing, Art. NEW, Sport Shooting Ranges 14. Ch. 149, Licensing, Art. NEW, Tattoo Artists and Body Piercing Establishments 15. Ch. 164, Massage Establishments and Therapists 16. Ch. 193, Pawnbrokers and Secondhand Dealers 17. Ch. 198, Photographers, Itinerant 18. Ch. 215, Smoking and Tobacco Use, Art. NEW, Tobacco Retailers 19. Ch. 220, Solid Waste, Art. I, Deposit, Storage and Transportation; Art. II, Transfer Station; Art. NEW, Private Collection, Transportation, and Disposal; Art. IV, Dumpsters 20. Ch. NEW, Lodging Establishments 21. Ch. NEW, Salvage Dealers and Salvage Collectors 22. Ch. NEW, Yard Sales and Flea Markets

4 AN ORDINANCE AMENDING CHAPTER 149: LICENSING, ARTICLE I: BUSINESS LICENSING CHAPTER 149: LICENSING ARTICLE I: BUSINESS LICENSING PURPOSE To protect the health, safety, and welfare of the citizens of the City of Sanford (the City ), the City requires licensing of certain uses and businesses DEFINITIONS In general, all words, phrases, and terms used in this article shall have their customary and usual meanings; as used in this article, the following words, phrases, and terms shall have the meaning indicated: For the purposes of this chapter, the following definitions shall apply unless the content clearly implies otherwise. Contamination of processes or products. The act of rendering or making a process or product impure, unsuitable, or unusable by introducing harmful or undesirable elements, whether biological or chemical LICENSE REQUIRED. No person, firm, corporation, or other entity shall carry on any business or other activity subject to a license requirement under this chapter or code or any other regulation or law described in this chapter, within the City, without such a license. The City Clerk shall have authority to issue Category 1 licenses and the City Council only shall have authority to issue Category 2 licenses. Any person, corporation or partnership carrying on such a business through an agent shall be deemed a violator of this prohibition. All licenses shall be kept on site for inspection TAXES AND FINES OWED. The licensee and the licensee s place of business shall not have property taxes, business taxes, or other fees, fines, charges, penalties, or interest owning to the City. No license shall be issued unless the applicant has paid all outstanding fines, penalties and personal property taxes owed to the City by the applicant. Failure to comply with this condition shall be deemed a violation of this article and adequate grounds for the denial, revocation, or suspicion of a license FEES. It is the intent and purpose of this section to establish fees which bear a reasonable relationship to the costs incurred by the City in the administration and enforcement of this chapter and other applicable laws and regulations. A. To accomplish such purposes: (1) All fees and charges for licenses or permits shall be paid in advance at the time of application therefor to the City Clerk.

5 (2) All fees are non-refundable regardless of whether a license or permit is issued. B. No license shall be issued until each specific annual (unless an alternative duration is specified by the business category) the fee for all applicable business categories, required in this section have been paid including, reimbursement payment of the City s expenditure for notification of public hearings, required by state or local regulations, payment of the City s expenditure for background checks as required by state or local regulation, and payment of the City s expenditure for emergency services as may be necessary for the specific license or permit. If the fee set forth in this section shall differ from that which is required by state law, the statutory fee shall prevail. A.C. Fee schedule, business license categories Category 1 Licenses Fee Statutory or Code Reference (Administrative Approval) Alcohol and drug free house $100 per year Ch. 149 Arcades $100 per year Auctioneer, nonresident $10 per day or $25 for 3 days Ch certificate B.Y.O.B. function $25 per event Ch. 74 Brewery, distillery, winery $100 per year Ch. 149 Closing-out sale $50 per sixty days Ch. 149 Coin-operated entertainment $50 per year Ch. 149 devices, electronic video machine, arcade device Flea market $10050 per year Ch. 193 Flea market vendor $25 per year Ch. 193 Itinerant vendors $20 per day Kennel $50 per year Ch. 78, 7 M.R.S.A A Lunch wagons $50 per year Lodging establishment $50 per year Ch. Lodging establishments Massage therapist $50 per year Ch. 164 Off premises catering permit $25 per application Ch. 149 Pawnbroker $300 per year Ch. 193 Peddlers (including dispensing $50100 per year or $25 per day Ch. 149 and vending machines, except farmers distributing only "their" products) Places of assembly $100 per year Ch. 149 Boxing, wrestling, body building $100 per exhibition and other indoor sporting exhibitions Residential care facility $50 per year Ch. 149, 22 M.R.S.A et seq. Rental housing See Ch. 149 Salvage collector $25 per year Ch. 193

6 Salvage dealer $500 per year Ch. 193 Secondhand dealer $200 per year Ch. 193 Sport shooting ranges $100 per year Ch. 149 Tattoo artist, body piercing $200 per year Ch. 149 Taxicab See Ch. 232 Tobacco retailer $25 per year Ch. 215 Vacant building See Ch. 149 Victualers $7550 per year Ch. 209 Waste hauler $500 per year Ch. 220 Yard sale permit $10 per day Ch. 149 Category 2 Licenses Fee Statutory or Code Reference (City Council Approval) Beano-bingo (to City) $100 per yearapplication Ch. 149, 13-A M.R.S.A. 311 et seq. application Bottle Club $100 per year Ch. 74 Carnivals $50 per day Circuses, carnival, temporary exhibitions $ per day Ch. 149 Games of chance (to City) application Electronic video machines Liquor license application and transfers (Tier I)Liquor hearing and liquor advertisement Transfer of liquor licenses (to City) Liquor license application and transfers (Tier II) Medical marijuana production facility $6550 per game per Ch. 149, 17 M.R.S.A et seq. yearapplication $150 per machine $20075 per application Ch. 149, 28-A M.R.S.A. 653 et seq. and 1051 $25 per application $400 per application Ch. 149, 28-A M.R.S.A. 653 et seq. and 1051 $1, per year Ch. 149 Mental health and abuse clinics $ per clinicyear Ch. 149 Special amusement permit $100 per year Ch DURATION OF LICENSE. All licenses, except licenses for medical marijuana production, shall expire annually on December 31, except as otherwise provided by the general laws of the State of Maine or stated elsewhere in code. Licenses for medical marijuana production shall expire annually on March ISSUANCE OF NEW LLIQUOR LICENSE APPLICATIONS. Upon receipt of an application for a new liquor license, the City Clerk and City Council shall follow the procedure required established by this Chapter, City Code and 28-A M.R.S.A. 651 to 654, as amended. The fees for an application shall be established under Chapter 149, Licensing, , Fees, of this

7 Code, for new liquor license applications and transfers of liquor license applications either as Tier I or Tier II. A. Tier I shall mean that food gross income shall be in excess or equal to liquor gross income. B. Tier II shall mean that liquor gross income shall be in excess of food gross income. OFF PREMISES CATERING PERMIT. Upon receipt of an application for an off premises catering permit, the City Clerk shall follow the procedure established by this Chapter, City Code and 28-A M.R.S.A. 1052, as amended. The fees for an application shall be established under Chapter 149, Licensing, , Fees, of this Code, for off premises catering permit. GAMES OF CHANCE APPLICATIONS. Upon receipt of an application for a games of chance license, the City Clerk shall follow the procedure established by this Chapter, City Code and 17 M.R.S.A et seq. The fees for an application shall be established under Chapter 149, Licensing, , Fees, of this Code, for games of chance application. BEANO & BINGO. Upon receipt of an application for a Beano & Bingo license, the City Clerk shall follow the procedure established by this Chapter, City Code and 13-A M.R.S.A. 311 et seq. The fees for an application shall be established under Chapter 149, Licensing, , Fees, of this Code, for games of chance application AUTHORITY TO ISSUE LICENSES. The City Clerk shall have the authority to issue all licenses shown as Category 1 licenses in this chapter to qualified applicants. TheOnly the City Council only shall have authority to issue Category 2 licenses and, when applicable, shall follow the procedures outlined in state law for their issuance LICENSING APPLICATION REQUIREMENTS. A. All applications for licenses under this chapter shall be filed with, and in a form satisfactory to, the City Clerk, together with such supporting documents and information, as the City Clerk may prescribe. B. All applications for licensing shall require the approval of the City Council subject to the procedures outlined in this chapter. C.B. Such application shall may include but is not limited to the following: (1) Name, address, and contact information, including phone number and address, of the applicant, all other persons having a legal interest in the facility and property, and the individual(s) designated by the applicant to manage operation of the facility, if any.

8 (2) Location within the premises for which a license is sought, identified by both City tax map and lot number and street address. (3) Dimensions and acreage of the property. (4) Copy of an approved site plan, if required under Chapter 280: Zoning. (5) Description of the use and facility and how the location and improvements associated with the proposed facility comply with the requirements of Chapter 280: Zoning and this chapter. (6) Type, location, and total cubic feet and equivalent pounds of carbon dioxide, gas, super cooled liquid, pesticide, fertilizer, or other chemical stored or used in the operation of the facility, if any, and location of all alarms and shut offs. (7) Any other approvals required by city, state, or federal agencies. (8) Other information specified in this Chapter or any other applicable regulation, codes, or law Article II: Mental Health and Abuse Clinics; Outpatient Addiction Treatment Clinics, Article III: Electronic Video Machines, and Article IV: Medical Marijuana Production Facilities. (9) Two (2) copies of the license application and all supporting documentation and a CD containing pdf files for the application and each piece of supporting documentation ADMINISTRATION. A. City Clerk review. A license application shall be filed with and reviewed by the City Clerk to determine if it is complete. If the application is not deemed complete, the application shall be returned to the applicant and shall be considered to be denied. If the application is deemed to be complete, and the facility has not secured site plan, conditional use, or other required permits under Chapter 280: Zoning, the applicant shall be directed to schedule a meeting with the Planning Department. B. Planning Board Review. Upon referral from the City Clerk and submission of the appropriate site plan, conditional use, or other required permits under the provisions of Chapter 280: Zoning, the Planning Department shall process applications for review. Upon approval, the Planning Department shall forward the determination to the City Manager, who shall schedule the licensing application for review by the City Council. C. City Council review. The City Council may impose conditions on the approval of any license application it deems necessary to ensure compliance with the provisions of this chapter or any other provision of law. Such conditions may include, but are not limited to, documentation of the following requirements:

9 (1) All landscaping, screening, or other requirements imposed by the Planning Board has been installed, completed, and approved by appropriate City staff. (2) All requirements imposed by any other regulatory bodies having jurisdiction has been installed, completed, and approved. (3) All other measures required to improve the operations of the facility or minimize its impacts on the surrounding neighborhood have been constructed or implemented. (4) The applicant shall meet with the Chief of Police or other state or municipal officials, upon request, to establish a good working relationship between the City and the owner and operators of the facility and to provide for review of the operation of the facility RECORDS; DISPOSITION OF FEES. A record of the issuance of such license, with the name of the licensee and the fee paid, shall be kept by the City Clerk. The fees collected by the City Clerk for all licenses provided herein shall be turned over to the City Treasurer in the same manner as tax moneys, and to be credited to the Licenses and Fees Account. INVESTIGATION OF APPLICANT AND REVIEW OF APPLICATION. Upon receipt of an application for any license or permit, other than a renewal application substantially identical to the original application, the City Clerk shall inquire of other City Departments, including the Inspection Team, as appropriate, for comments as to whether a license may be granted consistent with the provisions of the laws and codes enforced by such department. In all appropriate cases, the building official shall verify that the premises to be used for the proposed facility comply with the Building Code, Electrical Code, Plumbing Code, and Zoning Code, and if applicable, Junkyard Screening Law; the Fire Chief shall cause inspection to be made for the purpose of determining if codes, State Law, or State Regulation concerning fire and safety have been complied with; and if the license is not issuable to any class of persons, firms, or corporations; the Police Chief shall cause an investigation to be made of the principal officers or person to be licensed; the Tax Collector shall verify that taxes have been paid or payment arrangements made. All persons shall report to the City Clerk in writing, and copies of any such report shall be deemed a public record ANNUAL INSPECTIONS. As a condition of granting a license shall not be granted, unless otherwise specified, an inspection may be required. without an annual inspection and submission Submission of a license application shall constitute permission for entry and inspection. The Inspection Team, which consists of a representative of the Police Department, Fire Department and the Code Enforcement Department, may shall, at least once a year, inspect every facility to be licensed under this article located within the City for the purpose of determining if the applicant and premises is in compliance with all applicable laws, ordinancescodes, rules and regulations. If there are no violations or objections by the Inspection Team to the issuance of any license listed in , the Inspection Team shall give signed consent for approval to the City Clerk or City Council prior to the issuance of the applicable license. Annual inspections Inspections shall take place at a reasonable time and prior to a determination on the license application. Businesses with

10 no regularly scheduled hours shall be given twenty-four (24) hours notice for an annual inspection. When an inspection is conducted for a use that is sensitive to contamination of its processes or products, the Inspection Team shall use the following Protection from Contamination Protocols to the extent practicable: A. The facility operator shall: (1) Prior to inspection, provide a floor plan of the facility which identifies, at a minimum, all walls, the layout of operations, including storage, and the location of exits, signs, key components of emergency, security, growing and other lighting, fire extinguishers, mechanical rooms, key components of the ventilation system, including but not limited to intake and exhaust vents, key components of any filtration system, key components of the sprinkler system and sprinkler heads, including clearance heights, electrical panel, storage areas for hazardous materials, including but not limited to chemicals and gases, plumbing fixtures; and (2) Maintain a Material Safety Data Sheet for any chemicals it uses in its operation and described in its Operations Manual and Safety Plan, required in Chapter 280: Zoning, which shall be make available to the Inspection Team upon request. (3) Provide a flow chart of the operation that identifies and directs the Inspection Team first to the area of the site that is cleanest and most sensitive to contamination and proceed to progressively less clean and/or sensitive areas until the inspection is complete. B. The Inspection Team shall: (1) Don disposable boot covers, gowns, gloves, and hairnets if provided by the facility operator. (2) Provide the operator of the production facility a camera, heat-temperature gun, and a two (2)-way communication device. The facility operator will work with the Inspection Team, which will direct the facility operator to designated areas, to provide visual access and direct feedback to allow the inspection to take place without requiring the Inspection Team to enter areas of the facility that are sensitive to potential contamination. C. If the Inspection Team observes violations, modifications of the facility which required a permit which was not obtained, or cannot satisfactorily conduct the inspection through remote observation then the Inspection Team may have to enter the facility to complete the inspection. If physical entry is required, the Inspection Team shall use the Protection from Contamination Protocols described in this chapter to minimize the likelihood of contamination. STANDARDS FOR DENIAL, SUSPENSION OR REVOCATION. In addition to any other provision of this code authorizing such action, a license or permit may be denied, suspended, or revoked upon determination of one or more of the following regarding the applicant, application, or premises:

11 (1) Failure to fully complete the application forms; knowingly making an incorrect statement of a material nature on such form; failure to supply any additional documentation required or reasonably necessary to determine whether such license is issuable; or failure to pay any fee required hereunder; (2) The applicant or related persons or entities have caused one or more breaches of the peace; (3) Failure to comply with laws, code, rules and regulations; (4) Failure to license and operate a safe and proper place of business through compliance with all relevant fire, health, and safety codes; or (5) The applicant, licensee, or employee of the licensee or person representing the licensee has been convicted of any Class A, Class B, Class C, or Class D Crime or crime of equivalent severity or has proven and known ties to criminal gangs or criminal organizations as defined by Federal law as verified by the Police Department VIOLATIONS AND PENALTIES. Any person, firm, or corporation who violates any provision of this article or the terms of a license may be penalized in the following manner: A. Temporary Suspension. The Code Enforcement Officer or Police Department, with prior approval of the City Manager or his/her designee, is authorized to immediately and temporarily suspend any license. The City Manager or his/her designee, shall determine if the licensed premises has not met the requirements of the license. B. Revocation. The Code Enforcement Officer or Police Department, with prior approval of the City Manager or his/her designee, is authorized to immediately revoke any license. The City Manager or his/her designee, shall determine if the licensed premises has not met the requirements of the license. C. Unlicensed Activity. Any person, firm, or corporation failing to apply for a license and pay the required fee shall be in violation of this article and such violation is a civil penalty or land use violation pursuant to 30-A M.R.S.A 4452, enforced by the Police Department or Code Enforcement Officer and subject to a fine in the amount of $500 in addition to any other fines for violating this article and the fee for licensing. D. Civil Penalties. In addition to any other fines or penalties for violating any provisions of this article or the terms of the license, violation of this article is a civil penalty pursuant to 30-A M.R.S.A 4452, enforced by the Police Department or Code Enforcement Officer. In any such proceeding, the City may order that the licensee or unlicensed activity abate any violations, pay a penalty between $100 and $2,500 per violation, per day, and pay the court costs, attorneys and expert witness fees incurred by the City.

12 A. The City Council shall have the power to suspend or revoke licenses issued under this chapter. Any person who violates any provision of this chapter or the terms of any license issued under this chapter may be penalized in the following manner: (1) Temporary suspension. The City Manager or the City Council is authorized to immediately and temporarily suspend any license when the City Manager or City Council determines continued operation of the licensed premises or activity presents a danger to the health, safety or the general welfare of the public. (2) Suspension or revocation. The City Council may suspend or revoke a license in accordance with the provisions of this chapter. (3) Fines. Any person violating the provisions of this chapter shall be subject to a fine assessed by the City Manager or Code Enforcement Department payable to the City as follows: (a) First violation: $500. (b) Second violation: $750. (c) Third violation: $1,000. B. Civil penalties. In addition to any fine imposed under this chapter, a violator shall be required to pay the penalties imposed in this chapter or 30-A M.R.S.A et seq., as amended. In any such proceeding, the City may seek a court order that the owner and/or operator of the licensed facility, abate any violations, pay a penalty between one-hundred dollars ($100) and twentyfive-hundred dollars ($2,500) per violation, per day, and pay the court costs and attorneys' and expert witness fees incurred by the City SUSPENSION AND REVOCATION OF LICENSES; RETENTION OF FEES; HEARINGS. Any license issued by the City may be suspended or revoked by the City Council and any license fees may be retained by the City, upon a finding by the City Council that the licensee has violated the ordinances of the City or the laws of the state, or has willfully or persistently failed to comply with any applicable rules and regulations or any order of the City with respect to the licensed premises or activities. Any action to suspend or revoke a license may be commenced upon the initiative of the City Council, upon the recommendation of the City Manager or any law enforcement officer or other City official charged with approving, inspecting or otherwise regulating the licensee s business or facility, or upon complaint from any resident of the City. Prior to suspending or revoking a license, the City Council shall hold a hearing at a regular meeting of the City Council or a special meeting thereof called for that purpose. At such a meeting, the licensee shall have the right to be heard. Notice of the hearing for suspension or revocation of a license shall be given in writing, setting forth grounds for the complaint and the time and place of the hearing. Such notice shall be mailed by the City Clerk or other City official, postage prepaid, to the licensee at his last known address, at least forty-eight (48) hours prior to the date set for hearing. The decision and order of the City Council following such hearing shall be final and conclusive. APPEALS.

13 The Zoning Board of Appeals, acting in an appellate capacity, shall act as the Licensing Board of Appeals in order to hear appeals of orders, decisions, or determinations made relative to application and interpretations of this Code. Appeals to the Zoning Board of Appeals shall be submitted as otherwise set forth in City Code Chapter 280, Zoning, regarding administrative appeals, subject to the payment of any fees as may be determined by the municipal officers from time to time. SEVERABILITY. If any clause, sentence, paragraph, section, article, or part of this ordinance or of any ordinance included in this Code or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect impair or invalidate the remainder therefor but shall be confined in its operation to the clause, sentence, paragraph, section, article, or part therefore directly involved in the controversy in which such judgement shall have been rendered.

14 AN ORDINANCE AMENDING CHAPTER 74: ALCOHOLIC BEVERAGES REGULATING SPECIAL AMUSEMENTS, DANCE CLUBS AND NIGHTCLUBS, AND B.Y.O.B FUNCTIONS CHAPTER 74: ALCOHOLIC BEVERAGES ALCOHOL AND ENTERTAINMENT ARTICLE I. SPECIAL AMUSEMENTS TITLE. This article shall be known and may be cited as the "Special Amusement Ordinance of the Town of Sanford, Maine." PURPOSE. The purpose of this article is to regulate, pursuant to 28-A M.R.S.A 1054 et seq., the issuance of special amusement permits for music, dancing or entertainment in facilities licensed by the State to sell alcoholic beverages, and to regulate, pursuant to the City of Sanford s home rule authority, the issuance of special amusement permits for dance halls or nightclubs that admit patrons over and under the age of 21.control the issuance of special permits for music, dancing or entertainment in facilities licensed by the State of Maine to sell liquor DEFINITIONS. In general, all words, phrases, and terms used in this article shall have their customary and usual meanings; as used in this article, the following words, phrases, and terms shall have the meaning indicated.as used in this article, the following terms shall have the meanings indicated: Entertainment. Includes aany amusement, performance, exhibition or diversion for patrons or customers of the licensed premises, whether provided by professional entertainers or by full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value. Dance hall or nightclub. Any commercial premises a primary function of which is to offer patrons an opportunity to engage in social activities such as dancing, the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or other performers, provided that it shall not include events sponsored by accredited educational institutions and held under the direct supervision of school authorities. Licensee. Includes 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 or acting on behalf of any such licensee or left in charge of or in control of such licensee's premises PERMIT REQUIRED. A. No A licensee for the sale of liquor alcoholic beverages to be consumed on his their licensed premises shall not permit, on his licensed premises, any live music, except radio or other mechanical device, any dancing or entertainment of any kind on the premises until a special amusement permit has been first approved by the City Council. A business shall not operate as a dance hall or nightclub that admits persons over or under the age of 21 until the business has first obtained a special amusement permit approved by the City Councilsort unless the licensee

15 shall have first obtained from the municipality in which the licensed premises is situated a special amusement permit signed by at least a majority of the municipal officers or Town Clerk. B. Applications for all special amusement permits shall be made in writing to the municipal officerscity Clerk on forms provided by the City Clerk 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; the location to be used; all places of residence of the applicant during the past five years; 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 municipal officers in the issuing of the permit, including but not limited to a copy of the applicant's current liquor licensemeet the requirements set forth in Chapter 149, Article I: Business Licensing. 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 $100 per year established under Chapter 149, Licensing, , Fees, of this Code, for special amusement permits, plus the cost of advertising for a public hearing. E. The municipal officers shall, prior to granting a permit and after reasonable notice to the municipality and the applicant, hold a public hearing at which the testimony of the applicant and that of any interested members of the public shall be taken. F. 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 CONDUCT CONSTITUTING OFFENSES BY LICENSEES. A. Tumultuous conduct. The licensee shall not knowingly allow on any licensed premises any person or persons to disturb, tend to disturb, or aid in disturbing the peace of others of ordinary sensibilities or to be disorderly by violent, tumultuous, offensive or obstreperous conduct or to permit or gather a crowd, or audience, or patrons to witness any entertainment, amusement, or show so as to create a dangerous condition because of fire or other risks in derogation of the public health, comfort, convenience, safety or welfare. B. Riots. The licensee shall not allow on any licensed premises any public entertainment or amusement or show of any kind which tends to or is calculated to cause or promote any riot or disturbance. C. Unnecessary noise. The licensee shall not allow on any licensed premises the making, creation, or maintenance of excessive or unnecessary or unnatural or unusually loud noise which disturbs, annoys, injures or prejudices or endangers the comfort, repose, health, peace, or safety of

16 individuals of ordinary sensibilities or the public in general, or the property rights of others, and which noises affect and are a detriment to public health, comfort, convenience, safety, welfare, or the prosperity of the residents of the municipality. D. Nuisances. The licensee shall not allow any licensed premises to be so conducted or operated as to amount to a nuisance in fact under any ordinance or any sections of any ordinances, articles, bylaws or rules and regulations of the municipality or under any statutes of the State of Maine. E. Prostitution and public indecency. The licensee shall not allow on any licensed premises or aid in or offer or agree to or allow in or near such licensed premised any prostitution, or prostitutes, or any public indecency under any or in derogation of any statutes of the State of Maine, or any meretricious display, or lewd act, or act of moral perversion, or knowingly receive or offer or agree to receive any person at such licensed premises for the purpose of performing a lewd act, or an act of prostitution or moral perversion, or public indecency, or knowingly permit any person to remain on such licensed premises for any such purpose, or to aid, abet, allow, permit, or participate in the commission of any of such acts. F. Solicitation of drinks. The licensee shall not allow on any licensed premises any person to frequent or loiter with the purpose of soliciting any other person, customer, or patron to purchase any drink of any kind. G. Gambling. The licensee shall not allow on any licensed premises the use or occupancy thereof for gambling or games of chance as prohibited by the statutes of the State of Maine or ordinances, articles, bylaws or rules and regulations of the municipality. H. Obscenity. The licensee, on any licensed premises, shall not: (1) Knowingly disseminate, distribute or make available to the public any obscene material; (2) Knowingly make available to the public any obscene performance; (3) Knowingly engage in commerce and/or for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements, or any other public sales efforts that promote such commerce primarily on the basis of their prurient appeal; (4) Provide service to patrons in such a manner as to expose to public view: (a) The licensee's or any of his agents' or employees' genitals, public hair, buttocks, perineum, anal region or pubic hair region; (b) Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or (c) Any portion of the female breast at or below the areola thereof; or

17 (d) Knowingly promote the commission of any of the above-listed acts of this section. I. Definitions. As used in this section, the following terms shall have the meanings indicated: Available to the public. The matter or performance or act may be purchased or attended at a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance or act, or available merely by being a patron of or present in an establishment that is licensed to sell liquor. Disseminate. To transfer possession of, with or without consideration. Knowingly. Being aware of the character and the content of the material. Material. Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines. Obscene. To the average person applying contemporary community standards, the predominant appeal of the matter or act, taken as a whole, is to the prurient interest, and the matter or act depicts or describes in a patently offensive manner sexual conduct or lewd exhibition of the genitals or other body parts mentioned in this article above, and the matter or act or performance considered as a whole lacks serious literary, artistic, political, or scientific value, or any matter or acts or performance which is prohibited by the statutes of the State of Maine. Performance. Any preview, play, show, skit, film, dance, or other exhibition or entertainment preformed before an audience. Promote. To cause, permit, procure, counsel or assist. Service to patrons. The provision of services to customers, patrons, or any other persons present in establishments providing food and beverages, including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing, and entertaining INSPECTIONS. 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 are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall he the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer, official, or employee of the municipality who is authorized or directed by the municipal officers to make such inspection at any reasonable time that admission is requested. B. Whenever any analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or detect violations thereof, it shall be the duty of the licensee, or the person in charge of such premises, to give to any authorized officer, official, or employee of the

18 municipality requesting the same sufficient samples of such material or commodity for such analysis or investigation upon request. C. In addition to any other penalty which may be provided, the municipal officers may revoke the license and/or the special amusement permit of any licensee in the municipality who refuses to permit any such officer, official, or employee who is authorized to make such inspection or take such sample to make the inspection or take an adequate sample of said commodity, or who interferes with such officer, official, or employee while in the performance of his duty in making such inspection, provided that no license or special amusement permit shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the municipality, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample DENIAL, SUSPENSION OR REVOCATION OF PERMIT. The municipal officers may, after a public hearing preceded by notice to interested parties, deny, suspend, or revoke any special amusement permits which have been issued or are to be issued under this article 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, or sections of any ordinances, articles, bylaws, or rules and regulations RULES AND REGULATIONS. A. The municipal officers are hereby authorized to establish written rules and regulations governing the issuing, 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. B. These rules and regulations may specifically determine the location and size of permitted premises, the facilities that maybe required for the permitted activities on those premises, and the hours during which the permitted activities are permitted. C. Such rules and regulations shall be additional to and consistent with all sections of this article PERMIT AND APPEAL PROCEDURES. 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. 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. 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 arbitrary or capricious, or that the denial, revocation, or suspension was not based by a preponderance of the evidence on a violation of or an infraction of any ordinance, article, bylaw, or rule or regulation of the municipality.

19 ADMISSION CHARGE. A licensed hotel, Class A restaurant, Class A tavern or restaurant or malt liquor licensee, as defined in 28- A M.R.S.A, which has been issued a special amusement permit may charge admission in designated areas; provided, that such areas must be so designated in the application and approved by the City Council approved by the municipal special amusement permit TERMINATION OF DANCES. All dances shall be terminated at 1:00 a.m.; provided, however, that upon application and investigated by the City, permission may be granted to continue a dance until the time specified in the application TIME LIMIT FOR TICKET SALES. No ticket shall be sold or accepted for admission to a dance or special amusement after 12:00 midnight MINORS. A. It shall be unlawful after 9:00 p.m. to allow any person to attend or take part in any dance or remain in any dance hall if such person is under 16 years of age, unless such person is in the company of at least one of their parents or a legal guardian. B. It shall be unlawful for any person to make any misrepresentation or false statement relative to their age or the age of any other person for the purpose of obtaining the admission to a dance hall or obtaining permission to remain in a dance hall in violation of this section. C. It shall be unlawful for any person to falsely represent himself or herself to be a parent or legal guardian of any person in order that such other person may obtain admission to a dance hall or be permitted to remain therein in violation of this section. LIVE ENTERTAINMENT REGULATED No licensee shall allow entertainment on the licensed premises, whether provided by professional entertainers, employees of the licensed premises or by any person, when the entertainment involves: A. The performance of acts or simulates 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 genitals, pubic hair, buttocks, anus or any portion of the female breasts at or below the areola area thereof. D. The allowing by any licensee of any person to remain in or upon the licensed premises who exposes any public view any portion of their genitals or anus. E. The allowing by any licensee of any person to remain in or upon the licensed premises who prostitutes. For the purposes of this section, the term displaying or expose shall mean unclothed or uncostumed and not covered by a fully opaque material.

20 VIOLATIONS AND PENALTIES. Whoever violates any of the provisions of this article shall be punished by a fine of not more than $100 for the first offense and up to $200 for subsequent offenses, to be recovered, on complaint, to the use of the Town of Sanford. ARTICLE II. BOTTLE CLUBS HOURS. The licensee, its principal officers, and employees, or guests shall not permit the consumption of alcoholic beverages on the premises between the hours of 1:00 a.m. and 6:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday and between the hours of 1:00 a.m. and 6:00 a.m. on Saturday and Sunday morningsany day, and during such hours the premises shall beis closed MINORS NOT PERMITTED ON PREMISES. No person under the age of 21 years shall be permitted in or to remain within a bottle club SALE OF ALCOHOLIC BEVERAGES; ILLEGAL ACTIVITIES. The licensee, its principal officers and employees shall not allow any alcoholic beverages to be sold on the premises of a bottle club, nor shall they knowingly permit any illegal activities to take place therein RIGHT OF ENTRY. Any law enforcement officer of the town City or member of the Fire Department shall be permitted to enter any licensed premises during business hours or during the hours during which operation of a bottle club is prohibited for the purpose of making inspection or maintaining order. It shall be the duty of every licensee and the principal officer thereof to afford free access to every part of such establishment and to render all aid and assistance necessary to enable the persons to make a full, thorough, and complete examination thereof to determine compliance with this Code and the laws of the statestate LICENSE REQUIRED. No person, firm, or corporation other than a bona fide nonprofit organization, shall keep, maintain, operate, or otherwise furnish, either to its members and guests or to the general public, any premises for use as a bottle club without first obtaining a bottle club license for such purpose from the Town Cityas provided in this article. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed in violation of this article and is adequate grounds for the denial, revocation, or suspension of a bottle club license. PROCEDURE AND FEES License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued to a bottle club after the annual fee required

21 has been paid through the City Clerk s Office. The fee for a bottle club license shall be established under Chapter 149, Licensing, , Fees, of this Code, for bottle clubs APPLICATION FOR LICENSE. Application for a bottle club license shall be filed in accordance with 28-A M.R.S.A. Ch. 1.[1] In addition to the requirements of that chapter, an applicant for a bottle club shall furnish the Clerk with the following: A. An affidavit which identifies all principal officers and their places of residence at the present time and for the immediately preceding three years. B. A description of the premises for which a license is desired which shall set forth such other material information, description, or plan of that part of the premises where it is proposed to consume or keep liquor as the Clerk or the Town City Council may require DENIAL, SUSPENSION OR REVOCATION OF LICENSE. In addition to the standards set forth in municipal codes, a license may be denied, suspended or revoked upon a determination that: A. Any principal officer or employee has not attained the age of 21 years; B. Any principal officer has been convicted of violating any of the laws of this state or the United States with respect to manufacture, transportation, importation, possession or sale of intoxicating liquor within a period of five years from the date of hearing, or otherwise had a disqualifying criminal conviction; C. Any principal officer is a law enforcement official; D. Failure to possess a food service establishment license; and E. Any violation of this article HEARINGS. Hearings and notices of hearings for both original applications and renewals under this article shall be conducted by the Town City Council in accordance with the applicable procedures for issuance of licenses by the state to sell intoxicating liquors to be consumed on the premises, and in no case shall an original license be issued with a notice of public hearing to abutters and notice by publication STATUTORY REQUIREMENTS. Except to the extent that this article contains a contrary provision, all provisions of 28-A M.R.S.A. shall be additional to the provisions of this article DEFINITIONS.