HomeMy WebLinkAbout1998-02-23 98-117 ORDINANCECOUNCIL ACTION
Item No,. 98-117
Date: 2-2348
Item/Subject: ORDINANCE, Regulating Commereial Displays of Nudity
Responsible Department: Legal
Commentary:
The attached ordinance provides a general regulatory framework to govern businesses that offer nudity as
apartoftheiropemtinn. The ordinance outlines an approval process for issuing occupancy perils,
establishes some location restrictions, including zoning districts in which such establishments are
permitted, and places a number of restrictions on how such businesses can be conducted. ]hese include
W restrictions on employees and patrons and limitations on conduct between performers and patrons. A
restriction on hours of operation is also included.
There has been some discussion of dam restriction before the Municipal Operations Committee and
harbor discussion is scheduled with the Community and Economic Development Committee. Based on
these discussions, we anticipate that there maybe changes to the attached dmit It appears at this time for
first reading in order to begin the process of refinement necessary for adoption.
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Department He
Manager's Comments:
City Manager
Associated Information:
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Amendment by Substitution
(April 27, 1998)
$98-117
Aeeigoed to CoMeBor
CITY OF BANGOR
Regulating Commercial Displays of Nudity
Be it ordaivd by the City CounnU of 94 City ofBtomor, as fMome:
Section 1 Legislative Findings.
a. A number of commercial establishmentslocated in the
City of Bangor presently offer nude dances and other
nude performances as a form of public entertainment;
b. Within the past year, the number of such
establishments located in the City of Bangor has
increased;
C. The types of nude entertainment offered by such
establishments and regulated by this Ordinance are a
purely commercial activity, unrelated to free
expression and the exchange of ideas;
d. The types of nude entertainment regulated by this
Ordinance consist of lewd exhibitions that are
Patently offensive to a large majority of the
residents of the City of Bangor.
e. Unlimited commercial exploitation of nudity can
induce individuals to engage in prostitution, sexual
assaults, breaches of the peace, and other criminal
activity;
f. Displays of nudity in commercial establishments tend
to create, and have created, a tawdry atmosphere
which adversely affects the quality of life of
Bangor's residents;
g. Persons under the age of 18, by reason of their age
and inexperience, are especially susceptible to
prostitution and other criminal activity if employed
by or allowed entrance as patrons of commercial
establishments offering nude entertainment; and
98-117
Aafipaed to miles Crowley February 23, 1998
CITY OF BANGOR
(TITLE.) @ Regulating commercial Displays of [nudity
Be uoMadedbyN [hep Coamu of City ofBasmO a fu .
Section 1 legislative
Findings.
a.
A number of commercial establishments located in the
City of Bangor presently offer nude dances and other
nude performances as a form of public entertainment;
b.
Within the past year, the number of such
establishments located in the City of Bangor has
increased;
C.
The types of nude entertainment Offered by Such
establishments and regulated by this Ordinance are a
purely commercial activitY, unrelated to free
expression and the exchange of ideas;
d.
The types of nude entertainment regulated by this
Ordinance consist of lewd exhibitions that are
patently offensive to a -large majority of the
residents of the City of Bangor.
e.
Unlimited commercial exploitation of nudity can
induce individuals to engage in prostitution, sexual
assaults, breaches of the peace, and other criminal
activity;
f.
Displays of nudity in commercial establishments tend
to create, and have created, a tawdry atmosphere
which adversely affects the quality of life of
Bangor's residents;
g.
Persons under the age of 18, by reason of their age
and inexperience, are especially susceptible to
prostitution and other criminal activity if employed
by or allowed entrance as patrons of commercial
establishments offering nude entertainment; and
98 -Ip
-2-
h. Commercial establishments offering nude
entertainment should be sited in locations that
minimise their negative effects on public health,
safety and morals; and
In view of the foregoing legislative findings, for the
purpose of protecting the public health, safety and
morals, the City Council of the City of Bangor hereby
adopts the following regulations of commercial nudity
within the City of Bangor;
Section 2 Definitions.
For purposes of this ordinance, the terms "nudity",
"Person', 'sado-masochistic abuse", and "sexual
excitement" shall be defined as provided in Chapter VII,
Article 1, Laws and Ordinances of the City of Bangor.
The term "commercial establishment" shall be defined as
provided in Chapter VII, Article 1-A, Section 1.2, and
shall include establishments offering entertainment to
members of the general public.
The term "licensed movie theater" shall be defined as
provided in Chapter VII, Article 1-A, Section 1.5, Laws
and Ordinances of the City of Bangor.
The term "operate" shall be defined as provided in
Chapter VII, Article 1-A, Section 1.6, Laws and
Ordinances of the City of Bangor.
In addition, the following terms shall have the
definitions stated;
"Nude entertainment" means any display of live persons
in a state of nudity, or in a visible state of sexual
excitement whether or not clothed.
"Premises" means the entire building or structure
concerned, including all floors, attics, basement areas,
and outbuildings, whether or not partitioned into
separate rooms or areas.
Section 3 Approvals Reauired.
No person operating a commercial establishment in the
City of Bangor shall present or allow presentation of
any form of nude entertainment on the premises of the
establishment concerned, without first obtaining a
certificate of occupancy for that purpose from the
City's Code Enforcement Officer.
98-11)
-3-
The application procedure and criteria for issuance of a
certificate of occupancy shall be as provided in Chapter
VIII, Article 1,Section 9.3 of the Laws and Ordinances
of the City of Bangor. Provided, however, that the
following additional requirements shall apply to
commercial establishments offering nude entertainment:
(a) The application for a certificate of occupancy
under Chapter VIII, Article 1, Section 9.3, shall state
that the proposed use includes nude entertaimnent. The
application shall describe the nude entertainment to be
offered, including the intended frequency and times; and
shall indicate the area of the premises where the nude
entertainment shall take place.
(b) The application shall disclose the names and
current residence address of all principals of the
business concerned, and shall disclose the names and
current residence address of all persons holding a
financial interest of five percent (58) or more in the
business concerned.
(c) Prior to granting a certificate of occupancy, the
Code Enforcement Officer shall forward the application
to the Chief of Police, for a criminal information
background check on each of the persons named in the
application under Section 3(b) above. The Code
Enforcement Officer shall deny the application of the
applicant, any principal of the business concerned, or
any holder of a 5% of greater financial interest if the
business concerned has a record of conviction of
prostitution, promoting prostitution or of a class A, B,
or C felony under Maine law, or equivalent offenses in
other jurisdictions, during the ten year period ending
prior to the application date.
(d) Notwithstanding provisions of the City's Land
Development Code, no certificate of occupancy shall be
granted for a commercial establishment offering nude
entertainment, unless the premises concerned are located
in lone of] the following district[s]:
(a) No certificate of occupancy shall be granted for a
commercial establishment offering nude entertainment, if
the premises concerned are located within three hundred
feet (300') of [any other such establishment for which a
certificate of occupancy, previously issued, remains in
force;) [any establishment licensed to sell alcohol
under Title 28-A MRSA 5 601 eE sea.;] [any public or
private school, school dormitory, church, chapel, parish
house, juvenile shelter or orphanage in existence as of
the application date]. The 300' distance shall be
measured from the main entrance of the premises
concerned to the main entrance of the school, school
dormitory, church, chapel, parish house, shelter, or
orphanage, by the ordinary course of travel.
(f) No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment,
Unlessthe premises concerned include changing rooms and
toilet facilities for performers that are separated from
any area of the premises to which the public will have
access.
(g) No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment, if
any portion of the premises concerned consists of
residential apartments or units, whether or not
occupied.
(h) No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment, if
the applicant or any other person named in the
application under Section 3(b) above is the owner or
operator of an escort service, dating service, or
booking agency doing business in Penobcsot County.
(i) The premises concerned, in addition, shall meet all
applicable requirements of the City's Building Code,
Life Safety Code, and Land Development Code.
Section 4 Conduct
(a) No person under the age of eighteen (18) years
shall be employed in any capacity upon the premises of a
commercial establishment that offers nude
entertainment. To assure compliance with this
provision, the operator of each such establishment shall
provide the Chief of Police with a current list of all
persons employed on the premises, indicating the legal
name, date of birth, and social security numbers of all
such persons. The list shall be updated upon any change
n the operator's personnel. "Persons employed" shall
include hourly employees, salaried employees, and all
persons working on the premises for tips, commissions,
or as independent contractors, contract dancers, or
contract performers.
(b) No person under the age of eighteen (18) years
shall be admitted to any commercial establishment
offering nude entertainment, as a customer or patron.
The operator of each such establishment shall be
responsible for verifying the age of each person
entering the premises, through photographic
identification.
90-11) 6
6•'
-3-
The application procedure and Criteria for issuance Of a
certificate of occupancy shall be as provided in Chapter
VIII, Article 1, Section 9.3 of the Laws and Ordinances
of the city of Bangor. Provided, however, that the
following additional requirements shall apply to
commercial establishments offering nude entertainment:
(a) The application for a certificate of occupancy
under Chapter VIII, Article 1, Section 9.3, shall state
that the proposed use includes nude entertainment. The
application shall describe the nude entertainment to be
offered, including the intended frequency and times: and
shall indicate the area of the premises where the nude
entertainment shall take place.
(b) The application shall disclose the names and
current residence address of all principals of the
business concerned, and shall disclose the names and .
current residence address of all persons holding a
financial interest of five percent (5$) or more in the
business concerned.
(c) Prior to granting a certificate of occupancy, the
Code Enforcement Officer shall forward the application
to the Chief of Police, for a criminal information
background check on each of the persons named in the
application under Section 3(b) above. The Code
Enforcement officer shall deny the application of the
applicant, any principal of the business concerned, or
any holder of a 5% or greater financial interest if the
business concerned has a record of conviction of
prostitution, promoting prostitution or of a Class A, B,
or C felony under Maine law, or equivalent offenses in
other jurisdictions, during the ten year period ending
prior to the application date.
(d) No certificate of occupancy shall be granted for a
commercial establishment offering nude entertainment,
unless the premises Concerned are located in a
commercial zoning district as defined in the City's Land
Development Code, and the premises concerned meet all
district provisions and development standards plus the
following additional requirements:
i. the premises concerned must meet the
off-street parking requirements of
Chapter VIII, Part II, Article 11 and
the minimum location requirements in
Article 11, Section 3 for the Shopping
and Personal Service District.
_2-
h. Commercial establishments offering nude
entertainment should be sited in locations that
minimize their negative effects on public health,
safety and morals.
In view of the foregoing legislative findings, for the
purpose of protecting the public health, safety and
morals, the City Council of the City of Bangor hereby
adopt$ the following regulations of commercial nudity
within the City of Bangor:
Section 2 Definitions.
For purposes of this ordinance, the terms "nudity".
"person", "sado-masochiatic abuse", "sexual conduct",
and "sexual excitement" shall be defined as provided in
Chapter VII, Article 1, Section 2, Laws and Ordinances
of the City of Bangor.
The term "commercial establishment" shall be defined as
provided in Chapter VII, Article 1-A, Section 1.2.. and
shall include establishments offering entertainment to
members of the general public.
The term "licensed movie theater" shall be defined as
provided in Chapter VII, Article 1-A, Section 1.5, Laws
and Ordinances of the City of Bangor.
The term "operate" shall be defined as provided in
Chapter VII, Article 1-A, Section 1.6, Law$ and
Ordinances of the City of Bangor.
In addition, the following terms shall have the
definitions stated:
"Nude entertainment" means any display of live persons
in a state of nudity, or in a visible state of sexual
excitement whether or not clothed.
"Premises" means the entire building or structure
concerned, including all floors, attics, basement areas,
and outbuildings, whether or not partitioned into
separate rooms or areas.
Section 3 Approvals Aeauired.
No person operating a commercial establishment in the
City of Bangor shall present or allow presentation of
any form of nude entertainment on the premises of the
establishment concerned, without first obtaining a
certificate of occupancy for that purpose from the
City's Code Enforcement Officer.
98-117
WC
library, juvenile shelter, or orphanage. At its meeting on April
21st, the Committee recommended that alcohol establishments include
establishments licensed by the State of Maine for sale of alcohol for
both on- and off -premises consumption. The City's Planning Division
is preparing information on the additional impact of a 500'
separation from establishments licensed to sell alcohol for off -
premises consumption on the areas otherwise available for location of
nude entertainment businesses. If the practical effect of this
locational restriction is to eliminate all or substantially all of
the areas where nude entertainment businesses may otherwise locate,
then further amendments to the ordinance will be necessary. In that
event, I have attached an alternative version of section 3(d) to
Include the City's industrial areas as permitted areas for location
of nude entertainment businesses.
Section 4(a) - Age limitation 1
At hearing, concerns were expressed by representatives of
Diva's Inc. that section 4(a) as drafted would threaten the safety of
Diva's employees, by making their names and social security numbers a
matter of public record. The Committee voted not to recommend an
alternative version of this section that would have allowed employee
lists to be maintained at the premises of the businesses concerned,
so as to avoid making that information a matter of public record.
Attorney Wayne Foote, representing Diva's, stated at the Committee's
April 21st meeting that he would provide the City with other
alternative language by Friday, April 24th. Mr. Foote's alternative
language will be circulated separately when received.
Verification of the age Of employees of nude entertainment
businesses is an important feature of the proposed regulatory
ordinance. However, verification re4uirements should be written In a
way that does not threaten the safety of those employees. I would
recommend that section 4(a) be amended in a manner to address
concerns about public disclosure of personal identifying information.
At its meeting on April 21st, the Committee recommended that
nude performances at businesses regulated by the ordinance be
restricted to topless nudity only. I have included a new section
4(h) in the attached draft with this restriction. The new section
4(h) is based on language in Portland's regulatory ordinance, and
would require dancers and performers to wear a thong or G-string.
section 4(1) - Hours of operation.
This section was previously section 4(h), and has been
re -numbered. The Committee recommendation 1s to limit hours of
operation for nude entertainment businesses in the same manner that
the State limits hours for bars and other establishments licensed for
on -premises consumption of alcohol.
98 -Ip
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The attached draft incorporates an alternative grandfathering
provision recommended by the Committee on April 21st. The language
recommended by the Committee would grandfather existing businesses
that do not meet the ordinance's locational requirements at their
existing location for one year, with a possible one year extension
based on hardship grounds. The City of New York's ordinance
regulating "adult" businesses Contains a very similar grandfathering
provision.
At the Committee's meeting on April 21st, Diane Cormier, owner
of Diva's, stated that her total investment in establishing the
business at its present location amounted to approximately $250,000.
As of the date of this memo, however, no written information has been
received from Ms. Cormier or from her landlord, Mr. Lawler, to
document tenant fit -up costs in excess of the $29,000± worth of work
represented by building permits taken out by Mr. Lawler, On file in
the City Code Enforcement Office. Should Ms. Cormier provide
credible evidence of a $250,000 investment in non-recoverable
premises improvements, the City Council will need to consider that
information in addressing the length of any sunset provision.
Finally, on April 21st, the Municipal Operations Committee
engaged in extensive discussions as to whether the nude entertainment
offered by Bangor's existing businesses violates community standards,
and is therefore obscene. A legislative finding to this effect was
included in section 1(d) of the original draft, and is carried
forward in the attached revision. The attached Ordinance would adopt
a regulatory approach to nude entertainment. Therefore, under
applicable court decisions, a legislative finding of obscenity is not
essential to the validity of the ordinance. Although I believe a
finding of obscenity is legally supportable based on the legislative
record developed to date, a finding of obscenity is not essential
given the approach recommended by the Commtttee. If the City Council
wishes to avoid a full debate on the draft finding of obscenity,
section 1(d) of the ordinance may safely be deleted.
E.S.
tc
Attachments
PC: Edward Barrett, City Manager
John Lord, Planning officer
Randy Harriman, Police Chief
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fdl No conpcnaealon Of any kind shall be pall 'oy any
customer Or patron directly to any dancer or performer,
Nil dancers and Performers parctcl.sting in
Che nude
entertainment shall be paid, if at all, by
the operator
Of the establishment concerned.
(e) There shall be no physical contact c-
any tlnd
between c - ers or patrons and dancers Or
pertorerS. -
m
A11 nude entertainment 3,1611 be restricted
to a cen_.ral
stage area. whicn Shall be physically separated from any
customer or patron by a distance of at least five fear
W). When passing from dressing rooms to and _n T the
6caga area, dancers and performers shall be fully
clothed in. opaque clothing or dressing Mees.
Senioas 3(d) and a(e). The vase majpdty of the income orall perfoosrers is by tipping,
eluding tipping for dances near customers' cables. Bearing tipping and off --stage
dancing will suhsmntudy reduce the irmome Of bases businesses and lengthen the period
cdamoryb theseecde Dsisengthis casters
customers. It
should be by eMae sections c espying dm daacers are hays
fondled nt n.Dive 1t
should be hecogdxad than the to mature
t and danem haveome not Occur. Other er
vrefuhly monitors addressers m mmwe shat dila fondling doss not soca. Other
cownuvitim have addressed this issue widow having to abolish exellent ex m le of
debars m a huge seat 'Cat is Peaddion ordinance c with s an excellent exam.%bf a
below
wactin hichadds®seachispmchi* problem withoutundue limthing hush ffM
below with additionla laws
assess theent ester of'tincidAshinance. loathing" jespus Of
chspgu to do scare laws (dote slim assessment nt of bare poNevd ordinance. itis Imguege
sbopl a aecuam Kd) and J(e). /_
-'(d) T.hehe stvL' be an paysicai contact on We premises between env peace end a
dance:. Focrhe pdtpaas of chis setdon, physiealarntae dome not include `i,,/
mcideaet touching beneath a dancer, aid parts, of a business Or social nature,
i.e. ahindi ids or the briefwnuct that occurs while appatmh is giving a do At a
dancer. la no ease shall i midenul concert be deemed to include contact banned b_v
Elia nam mntuvea tegerdlag unlawful sexual comart ,
,46,P Fb s-z7-isl -4 1ep/CtCE o.ths
98-11]
April 22, 1998
TO: Bangor City Council
FROM: Erik Stumpfel, City Solicitor
RE: Regulation of Nude Cases Establishments
Attached to this memo is a revised draft of Council Ordinance
#98-117, regulating commercial displays of nudity. The attached
draft incorporates final amendments recommended by the Municipal
Operations Committee as a result of previous Committee meetings and
hearings. Alternative versions of several sections of the ordinance
are attached, where issues remain unresolved.
Council Ordinance k98-119, if approved, would regulate
commercial establishments offering nude entertainment, so as to limit
the negative secondary effects of such businesses on Bangor and its
residents. The Municipal Operations Committee has recommended a
regulatory approach to this issue, after considering several
alternative approaches. The alternatives considered by the Committee
included a City-wide prohibition of public nudity, and a narrower
measure that would have prohibited nudity in all commercial
establishments, without further regulations. The consensus of the
Committee appears to be that the regulatory approach, rather than
adoption of a public indecency ordinance, will better serve the
interests of the City and its residents.
The Committee's recommendation includes several changes from
the original version of Council ordinance #98-117, as follows:
The attached draft would restrict businesses offering nude
entertainment to the City's commercial zoning districts, excluding
the downtown development district and the waterfront development
district. The Committee's recommendation to exclude such uses from
the downtown and waterfront areas is based on the current and planned
development of Bangor's downtown and waterfront areas for uses
consistent with family activities and a high level of pedestrian
traffic.
The attached draft also would exclude such businesses within
500' of any residential zone, and would impose off-street parking and
buffer yard requirements.
Section nal restrictions.
The Committee's revisions to section 3(e) of the ordinance
also would prohibit location of such businesses within 500' of any
regularly -used entrance to any other such business, or any alcohol
establishment, school, school dormitory, place of worship. public
COUNCIL ORDINANCE #98-117 pyl 'L1
J �'
Proposed floor amendment #2 for May 27, 1998 regular City Council
meeting.
Amend section 9(a) of the April 27, 1998 draft ordinance to read as
follows:
"A(a) No person under the age of eighteen (18) years shall be
employed in any capacity upon the premises of a commercial
establishment that offers nude entertainment. The operator of
each such establishment shall be responsible for verifying the
age of each employee through photographic identification,
including hourly employees, salaried employees, and all
Persons working on the premises for tips, commissions, or as
independent contractors, contract dancers or contract
performers.
Each employer shall maintain records showing the name and date
of birth for each employee, including a copy of the
photographic identification used to verify age. Prior to any
employee's beginning employment, the operator shall bring the
records to the Bangor Police Department to verify the age of
the Prospective employee. These records must be maintained by
the employer Until six (6) months after the employee ceases to
work for the employer. These records are also subject to
review by the Bangor Police on the business premises during
normal operating hours.
In the event the Bangor Police reasonably suspect that any
employee listed in the records 1s under the age of eighteen
(18) years, the Bangor Police may copy the record for
investigatory purposes. Any record or information so
obtained, and any subsequent information developed therefrom,
is declared to be "intelligence and investigative information"
under Title 16 M.R.S.A. Section 611(8), the Criminal History
Record Information Statute, which, if publicly disclosed,
would endanger the life or safety of the individuals named
therein. Record information may be disclosed to the person
named therein, notwithstanding this declaration."
IN CITY COUNCIL
February 23, 1998
First Reading
Referred to Community and
Economic Development Comm.
CIT RLBRR
IN CITY COUNCIL
April 27, 1998
Motion to Refer Back to
Municipal Operations Committee
with the Recommendation that
the Committee Bring Forth a
.'Public Indecency Ordinance"
Made And Seconded Two Members
of the Public. spoke supporting
the referral of this ordinance
back to committee Ordinance
Referred back to Municipal
Operations Committee
6
I :CITY CL RK #
IN CITY COUNCIL
May 11, 1998
Motion to Table Until the Next
Regularly Scheduled Meeting of
the City Council Made and Sea -
ended (�Motion Passed
Tabled
SUS \M1.V
C TY LBRR
'.. 98-117
ORDINANCE
( TITLE,) Rezulatine Commercial Displays
of Nudity
YYUYb_ lw4lu�f /
dIM'i
IN CITY COUNCIL
May 27, 1998
Motion to Read As Last item under New
Business, made and seconded. Motion for
Passage made and seconded. Motion to
Amend by Substituting April 27, 1998
Version made and Seconded. Passage As
Amended by substitution Motion to Amens
by Adopting Floor Amendment CI from the
April 27, 1998 City CouncilMeeting, made
and seconded
onded Amendment Passed
Motion to Amend by Adopting Floor Amend-
ment M2 from the April 27, 1998 City counc-
il Meeting, made and seconded
Amendment Paeeed Motion to Pass as
Amended made and aconded. Motion to Amend
by Substituting New Section 4(d) to replace
"sting sedtlona 4 (d) 6 4 (e) of the
Amended ordinance, made and seconded
PUBLIC CONNCNTs: Wayne Foote, representing
11va'e. urged adoption of New Section 4 (d)
Vote on Amendment to Section 4: 5 yes, 4
no Councilors voting yes: Baldacci, Fare-
ham, Lean. Palmer d Soloman Councilors
voting no: Aube. Crowley, Tyler S Woodcock
Amendment Passed
PUBLIC COMMENTS: Robert Cardin, Veazie
resident, questioned the Impact of this
Ordinance in nude modeling. Rick Bowdiu,
363 Union Street andaonda Eastaan, Bangor
resident. urged Council for passage of this
Ordinance Motion to Pass As (further)
Amended Vote: 9 yes
Councilors voting yes: Aube,.
Baldaccl, Crawley, Farnham, Leen,
Palmer, Samoan. Tyler d Woodcock
Passed AsAmended
c C„_ /'J) I n,
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(g) Commercial establishmem s offering nude entertainment should be sited in locations that
cabduarb their negative effects on public health, safety and morals.
B. In view oftheforegoing legislative findings, for the purposeofprotecting the public health,
safety and morals, the City Council of the City of Bangor hereby adopts the following
regulations meommercial nudity within the City of Bangor.
§ 228-13. Definitions.
A. For purposes of this article, the terms "nudity," "pmum," "sadomesocbisvc abuse," "sexual
conduit' and "sexual excitement" shall l defined m provided in Article I, § 22&2 ofthis
chapter.
(I) The ban "commercial esmablabmem" shell be defined as provided in Article B, § 228-5,
and shall include establishments offering s rtemairmu at to members of the general public.
(2) The term "licensed movie theater" shall be defined as provided in Article B, § 22&5 of
this chapter.
(3) The term "operate" shall be defined as provided in Arable B, § 228-5 of this chapter.
B. In addition, the following terms shall have the definifions stated:
NUDE ENTERTAINMENT --Any display of live persons in a state of nudity, or in a visible
state of sexual excitement whether or not clothed.
PREMISES -- The entire building or structure concerned including all Boors, attics,
basement man, and outbuildings, whether or not partitioned into separate robins dr areas.
§228-14. Certificamofoccupancyrcquired.
No person operating a commercial establishment in the City of Bangor shall present or allow
presentation of any form of nude entertainment on the premises of the establishment concerned
without first obtaining a certificate of occupancy for that purpose from the city's Code Enforcement
macer. The application procedure and criteria for issuance of certificate of occupancy shall be as
Provided in Chapter 165, Land Development. § 165-10C; provided, bowever, that the following
additional requirements shall apply in commercial establishments offering axis entertairment
b The application for a certificate ofeompancyunder Chapter 165,§165 -IOC shall state that
the proposed use includes nude entertainment. The application shall describe the nude
entarmirunern to be offered, including the intended frequency and times, and shall indicate
the area of she premises where the nude entertainment shall take place.
B. The application shall disclose the name and etarem residence address of all principals of the
business concerned and shall disclose the name and current residence address of all persons
holding a financial interest of 5% or more in the business concemed.
C. Prior to granting a certificate ofoccupancy,the Code Enforcement Officer shall f0manithe
application to the Chiefof Police for a criminal information background check on each of
the persons named in the application under Subsection B above. The Code Enforcement
officer shall deny, the application if the applicant, any principal of the business concerned or
my holder of a five -percent or greater financial iateren in the business concerned has a
record of conviction ofprostitution, promoting prostitution or of a Class A, B, or C felony
under Maine law, or equivalent offenses in otherjudsdictions, during the ten-year period
ending prior to the application date.
D. Locationandsmadards.
(l) No certificate of occupancy shall be grunted for a commercial establishment offering
nude entertainment, unless the premises concerned are located in a commercial zoning
district , and the premises concerned
meet all district provisions and development standards contained in Chapter 165. Land
Development plus the foliowiag additional requirements:
buffet :"d
r�iceB
Perseroftlvtrnt
la) No certificate of occupancy shall be granted for a commercial establishment
offering nude entertainment If the premises concerned are located within 500
feet of any other such establishment for which a certificate of occupancy.
ly issued, remains in firce; env establishment lied to Nilalcohol f
on -premises or off-prenuses consumption under M.R.S.A. 2&A& 601 etsm.,a
church, chapel, perish house or other place of worship, or a publicIib
uvenile shelter or orohmme in existence as of the application date. as
measured from the main entrance of the premises to the main entrance of a
building by the ordinary course oftravel,
(e)fb1 The premises concerned must not be located within 500 feet of die nearest district
boundary of any residential analog district established under the provisions of
Chapter 165, Land Development, of the City ofBangor, as measured in a straight
line from the premises to the boundary of the zoning district.
(d) (c) The premises concerned must not be located within 500 feet of the nearest property
line ofany public or Privets school, school dorinitorv, a school ground, public
playground or City ofBangor public park as measured Ina atrid, btlinefromthe
prennise; to the rtv line
2)
Ada Pat
nor Ihf this Subsection D. the term "commercial zoning district'
f[h f 11 1ng aistrues. as def d'an Chapter 165 ArticlesXDI
d XIV• Neighborhood Service D'stdct Urban Service District Atroort
MtD 1 tD'hiM h dP al Servi Dishit,Ge IC 1
d S D' Viet. and sublets to conditional use anoroval, Urban IndusMal
District.
F. No certificate of occupancy shall be issued fm a commercial establishment offering nude
entertainment unless the premises concerned include changing morns and toilet facilities for
performers that are separated from any area of the premises to which the public will have
access.
G. No certificate of occupancy shall be issued for a cormnercial establishment offering nude
entertainment if my portion of the premises concerned consists of residential apartments or
units, whether or not occupied.
H. The premises concerned, in addition, shall meet all applicable requirements of Chapter 81,
Building Code, Chapter 170, Life Safety Cade, and Chapter 165, Land Development.
§228-15. Conduct.
A. No person under the age of 18 years shall be employed in my capacity upon the premises of
a commercial establishment that offers nude entertainment. The operator of each such
establishment shall be responsible for verifying the age of each employee through
photographic identification, including hourly employees, salaried employees and all persons
working on the premises for tips, commissions or as independent contractors, contract
dancers or contract performers. .
(1) Bach employer shall maintain retards showing the name and date of birch for each
employee, including a copy of the photographic identification used to verify age. Prior
to any employees beginning employment, the operator shall bring the records to the
Bangor Police Department to verify the age of the prospective employee. These records
most be maintained by the employee =61 six months after the employee ceases It work
for the employer. These records are also subject to review by the Bangor police on the
business premises during normal operating hours.
(2) In the event the Bangor police reasorebly suspect that my employee listed in the records
is under the age of 18 years, the Bangor police may copy the record For investigatory
purposes. Any record or information so obtained, and any subsequent information
developed therefrom, is declared robe "intelligence and investigative information" under
16 M.R.S.A. § 611, Subsection 8, the Criminal History Record Information Statute,
which, Ifpublicly disclosed, would endanger the Iife or safety of the individuals named
therein. Record information maybe disclosed to the person named therein,
notwithstanding this declaration.
B. No person under the age of 18 years shall be admitted to my commercial establishment
offering nude entertainment, as a customer or patron. The operator of each such
establishmentshall be responsible forverifyingthe age ofeachperson enteringthe premises,
through photographic identification.
C. No alcoholic beverages shall be sold, served or given away on the premises of my
commercial establishment offering nude entertainment, whether for on -premises or
off -premises conswnpoom Opaamrs of my such establishment shall not allow customers
or patrons to bring or consume alcoholic beverages on the premises.
D. There shall be no physical contact on the premises between patrons and dancers. For the
purposes of this subsection, physical contact does not include mcidenml touching between
a dancer and patron of business or social naMe, i.e., a handshake or the brief contact that
occurs while a parson is giving a 6p to a dancer. In no care shall incidental contact be
deemed to include contact barred by the state statures regarding unlawful sexual contact.
E. Dancers or performers who remove any garments during the nude commitment shall not
toss or throw those garmnmts to any customer or patron.
F. Dancers or performers providing the nude entertainment shall not engage in any
sadomasochistic abuse or sexual conduct, as defined in Article 1, § 228-2 of this chapter.
G. Nude entertainment presented in a commercial establishment shall not include any showing
of the male a £Ovale genitals, pubic mea, perineum or anus of my person with less than a
fully opaque covering.
i3. No nudeentertainment shall be presented after the hour of 1:00 am. All premises offering
nude entertainment shall be closed and cleared of customers and patrons between the hours
of 1:15 a.m. and 6:00 am. Mondays through Saturdays and 9:00 am. Sundays.
§228-16. Violaticamandpenalties.
A. Any violation of this article by the owner, lessee, licensee, permittee or operator of a
premises shall constitute a land use violation and shall he subject to prosecution and
penalties as provided in 30-A M.KS.A. § 4452, provided that the minimum fine for any
violation by such persons shallbe $500 foreach offense. In addition, the Code Enhancement
officer shah nary suspend or revoke the certificate of Occupancy fm any establishment
offering nude entertainment in violation of the article, or in violation of conditions contained
in the certificate of occupancy. Suspension or revocation of certificate of occupancy shall
be subject in administrative appeal as provided in Chapter 165, Land Development, §
165-I1.
B. My violation of this article by a person other than the owner, lessee, licensee, pernimac or
operator of premises shall be punished by a fine of not less Nan $500 for the first offese,
and not less than $1,000 for the second and subsequent offenses.
§228-17. Existingesmblishments. ,
A Within 30 days alkr the effectivedis of this article, all commercial establishments offering
nude entertainment that wish to remain in operation at thein existing location shall apply for
a new certificate of occupancy as provided in § 228-14 above. In considering Nose
applications, the requirements of § 228-14D, E and G shall not be deemed to apply;
provided, however, Nat any certificate ofOccupanty, granted to an existing establishment
under this section that otherwise would have been denied under § 22844D, E or G shall be
deemedtoexpireon Junel 2001 andshall
not be renewed thereafter, unless the applicant and the premises concerned shall at that tune
comply with all requirements of this article.
si he based an
C. Except as provided in Subsection A above, all provisions of this article shall apply to
commeseial establishment offering nude emir airmard in existence on the effective date of
this article.
§228-18. Theatricalproductimu.
The application and location restrictions of§ 228-14A through E above shall not apply to theaters,
dinner theaters, licensed movie theaters or similar a+sblislweme which are primarily devoted to
theatrical performances or the presentation of movies, provided that my displays of live nudity
within such theaters, dinner theaters, licensed movie theaters or similar establishments shall be
limited to cccasiocal nudity by bona Ade stage actors during the course of theatrical performances;
provided also that the provisions of §§ 228-14F through 1, 228-15C through H and 228-16 of this
article shall apply to nude theatrical performances under this Notion.
STATEMENTOFFACTS: Newtextis bold underlined and deleted text is bold-shuekcut.
-4,
I!. the premises concerned must meet the
minimum development standards and buffer
yard requirements in Chapter VIII,
Article 20 for the Shopping and Personal
Service District.
iii. the premises concerned must not be located
within 500 feet of the nearest district
boundary of any residential zoning
district established under the provisions
of Chapter VIII, the Land Development Code
of the City of Bangor.
For the purposes of this paragraph, the term "commercial
zoning district" consists of the neighborhood service
district, urban service district, airport development
district, shopping and personal service district, and
general commercial and service district as defined in
Chapter VIII, Articles 14 and 15 of the City's
ordinances.
(e) No certificate of occupancy shall be granted for a
commercial establishment offering nude entertainment, if
the premises concerned are located within five hundred
feet (500') of any other such establishment for which a
certificate of occupancy, previously issued, remains in
force; any establishment licensed t0 sell alcohol for
on -premises or off -premises consumption under Title 28-A
MRSA 5 601 At sea.; any public or private school, school
dormitory, church, chapel, pariah house or other place
of worship; public library, juvenile shelter or
orphanage in existence as of the application date. The
500' distance shall be measured in a straight line from
the nearest regularly used entrance of the premises
concerned t0 the nearest regularly used entrance of such
other establishment; school, school dormitory; church,
chapel, parish house or place of worship; public
library, shelter, or orphanage.
(f) No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment,
unless the premises concerned include changing rooms and
toilet facilities for performers that are separated from
any area
of the premises to which the public will have
access.
(g) No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment, if
any portion of the premises concerned consists of
residential apartments or units, whether or not
occupied.
98-117
-5-
(c) No alcoholic beverages shall be sold, served, or
given away on the premises of any commercial
establishment offering nude entertainment, whether for
on -premises or off -promises Consumption. Operators of
any such establishment shall not allow customers Or
patrons to bring or consume alcoholic beverages on the
premises.
(d) No compensation of any kind shall be paid by any
customer or patron directly to any dancer or performer.
All dancers and performers participating in the nude
entertainment shall be paid, if at all, by the operator
of the establishment concerned.
(e) There shall be no physical contact of any kind
between customers or patrons and dancers or performers.
All nude entertainment shall be restricted to a central
stage area, which shall be physically separated from any
customer or patron by a distance of at least five feet
(5'). when passing from dressing rooms to and from the
stage area, dancers and performers shall be fully
clothed in opaque clothing or dressing robes.
M Dancers or performers who remove any garments
during the nude entertainment shall not toss or throw
those garments to any customer or patron.
(g) Dancers and performers providing the nude
entertainment shall not engage in any sexual act or
sexual contact, as defined in Title 17-A MRSA 3 251, or
n sado-masochistic abuse, as defined in Chapter VII,
Article 1, Section 2.6 of the Laws and Ordinances of the
City of Bangor.
(h) No nude entertainment shall be presented after the
hour of [p.m.] [a.m.]. All premises offering
nude entertainment shall be closed and cleared of
customers and patrons between the hours of
and
Section 5 Miolations.
Any violation of this Article by the owner, lessee,
licensee, permittee, or operator of a premises shall
constitute a land use violation, and shall be subject to
prosecution and penalties as Provided in Title 30-A MRSA
S 4452, provided that the minimum fine for any violation
by such persons shall be Five Hundred Dollars ($500.00)
fox each offense. In addition, the Code Enforcement
Officer shall suspend or revoke the certificate of
occupancy for any establishment offering nude
entertainment in violation of this ordinance, or in
violation of conditions contained in the certificate of
COUNCIL ORDINANCE #98-117 ���s ? q�o/
Proposed floor amendment N1 for Nay 27, 1998 regular City Council
meeting.
Add a new section 3(d)(iv), as follows:
"iv. the premises concerned must not be located
within 500 feet of the nearest property line
of any school ground, public playground, or
City of Bangor public park."
EKca9-97-P4"xAuAj Wuwr,4 6-!Ilr
Council Ordinance 98-117 would regulate commercial displays
of live nudity in the City of Bangor. This ordinance has come back
to the full Council from the Municipal Operations Committee. if
the Council wishes to take final action on C.O. 98-117 at tonight's
meeting, the Municipal Operations Committee recommends adoption of
the April 27th version of the ordinance printed in the Council's
agenda packet, with the following floor amendments:
Floor Amendment #1: Add a new section 3(d)(iv) to prohibit
location of nude entertainment establishments within 500'
of any public park, school ground or playground.
Floor Amendment #2: Revise section 9(a), relating to
documentation procedures for employees.
Alternative Section 3(d):
(d) No certificate of occupancy shall be granted for a
commercial establishment offering nude entertainment,
unless the premises concerned are located in a
commercial 3 industrial zoning district as defined in
the City's Land Development Code, and the Premises
concerned meet all district provisions and development
standards plus the following additional requirements:
i. the premises concerned must meet the
off-street parking requirements of
Chapter VIII, Part II, Article 11 and
the minimum location requirements in
Article 11, Section 3 for the Shopping
and Personal Service District.
i1. the premises concerned must meet the
minimum development standards and buffer
yard requirements in Chapter VIII,
Article 20 for the Shopping and Personal
Service District.
iii. the premises concerned must not be located
within 500 feet of the nearest district
boundary of any residential zoning
district established under the provisions
of Chapter VIII, the Land Development Code
of the City of Bangor.
For the purposes of this paragraph, the term "commercial
zoning district" consists of the neighborhood service
district, urban service district, airport development
district, shopping and personal service district, and
general commercial and service district as defined in
Chapter VIII, Articles 14 and 15 of the City's
ordinances. For purposes of this paraaraph,h t
industrial ri f he
industry s the industry and servicedistrict
as defined in Chanter VIII. Articles 14 and 15 of The
ity's ordinan
Q:L
performances. Provided also that the Provisions of
Sections 3(f) through 3(1), 4(c) through 4(1), 5 and 8
Of this Ordinance shall apply to nude theatrical
performances under this Section.
section 8 5 v r illxv.
If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be
unconstitutional, invalid, or preempted by state or
federal law, such decision shall not affect the validity
of the remaining portions of this Ordinance.
"Nudity3"
_7_
Section 8 Severability.
98-111
If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be
unconstitutional. Invalid, or preempted by state or
federal law, such decision shall not affect the validity
of the remaining portions of this Ordinance.
98 -IV '-
S�
stage area, which shall be physically separated from any
customer or patron by a distance of at least five feet
(5'). when passing from dressing rooms to and from the
stage area, dancers and performers shall be fully
clothed in opaque clothing or dressing robes.
(f) Dancers or performers who remove any garments
during the nude entertainment shall not toss or throw
those garments to any customer or patxon.
(g) Dancers or performers providing the nude
entertainment shall not engage in any sado-masochistic
Abuse or sexual conduct, as defined in Chapter VII,
Article 1, Section 2 of the haws and Ordinances of the
City of Bangor.
(h) Nude entertainment presented in a commercial
establishment shall not include any showing of the male
or female genitals, pubic area, perineum or anus of any
person with less than a fully opaque covering.
(1) No nude entertainment shall be presented after the
hour of 1:00 a.m. All premises offering nude
entertainment shall he closed and cleared of customers
and patrons between the hours of 1:15 a.m. and 6:00 a.m.
Mondays through Saturdays and 9:00 a.m. Sundays.
section 5 violations.
Any violation of this Article by the owner, lessee,
licensee, permittee, or operator Of a premises shall
constitute a land use violation, and shall be subject to
prosecution and penalties as provided in Title 30-A MRSA
5 6652, provided that the minimum fine for any violation
by such persons shall be Five Hundred Dollars ($500.00)
for each offense. In addition, the Code Enforcement
Officer shall suspend or revoke the certificate Of
occupancy for any establishment offering nude
entertainment in violation of this ordinance, or in
violation of conditions contained in the certificate of
occupancy. Suspension or revocation of a certificate of
occupancy shall be sub}ect to administrative appeal as
provided in Article 1, Section 10 of the City's Land
Development Code.
Any violation of this Article by a person other than the
owner, lessee, licensee, permittee or operator of a
premises shall be punished by a fine of not less than
Five Hundred Dollars ($500.00) for the first offense,
and not less than One Thousand Dollars ($1,000.00) for
the second and subsequent offenses.
-p-
Section 6 Application to Existing Establishments.
a. Within thirty (30) days after the effectivedata of
this Ordinance, all commercial establishments offering
nude entertainment that wish to remain in operation at
their existing location shall apply for a new
certificate of occupancy as provided in Section 3
above. In considering those applications, the
requirements of Section 3(d), 3(e) and 3(9) shall not be
deemed to apply. Provided, however, that any
certificate of occupancy granted to an existing
establishment under this Section, that otherwise would
have been denied under Section 3(d). 3(e), or 3(g),
shall be deemed to expire one (1) year from the
effective Hate of this Ordinance, and shall not be
renewed thereafter, unless the applicant and the
premises concerned shall at that time comply with all
requirements of this Ordinance.
b. The Board of Appeals may extend the one year
expiration date for existing non -conforming
establishments provided in Section 6(a) above by up to
one additional year, upon a showing by the operator or
premises owner, at public hearing, that the cost of
improvements made to the premises to accommodate the
establishment concerned cannot reasonably be recovered
within a one-year period. In the case oI the premises
owner, the owner must also demonstrate that the cost of
improvements made by the owner may not be recovered by
leasing or utilizing the premises for other purposes.
Findings by the Board of Appeals under this paragraph
must be based on verified financial data concerning the
cost of any improvements and expenses and revenues of
the establishment concerned or, in the case of an owner
of leased premises, verified data as to expenses and
revenues derived from the lease.
c. Except as provided in Section 6(a) above, all
provisions of this Ordinance shall apply to commercial
establishments offering nude entertainment in existence
on the effective date of this Ordinance.
Section 7 Theatrical Productions.
The application and location restrictions of Sections
3(a) through 3(e)- above shall not apply to theaters,
dinner theaters, licensed movie theaters, or similar
establishments which are primarily devoted to theatrical
performances or the presentation of movies, provided
that any displays of live nudity within such theaters,
dinner theaters, licensed movie theaters, or similar
establishments shall be limited to occasional nudity by
bona fide stage actors during the course of theatrical
98-117
(h) No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment, if
the applicant or any other person named in the
application under Section 3(b) above is the owner or
operator of an escort service, dating service, or
booking agency doing business in Penobscot County.
(1) The premises concerned, in addition, shall meet all
applicable requirements Of the City's Building Code,
Life Safety Code, and Land Development Code.
Section 4 conduct
(a) No person under the age of eighteen (18) years
shall be employed in any capacity upon the premises of a
commercial establishment that offers nude
entertainment. To assure compliance with this
provision, the operator of each such establishment shall
provide the Chief of Police with a current list of all
persons employed on the premises, indicating the legal
name, date of birth, and social security numbers of all
such persons. The list shall be updated upon any change
in the operator's personnel. "Persons employed" shall
include hourly employees, salaried employees, and all
persons working on the premises for tips, commissions,
or as independent contractors, contract dancers, or
contract performers.
(b) No person under the age of eighteen (18) years
Shall be admitted to any commercial establishment
Offering nude entertainment, as a customer or patron.
The operator of each such establishment shall be
responsible for verifying the age of each person
entering the premises, through photographic
identification.
(c) No alcoholic beverages shall be sold, served, or
given away on the premises of any commercial
establishment offering nude entertaiment, whether for
on -premises or off -premises consumption. operators of
any such establishment shall not allow customers or
patrons to bring or consume alcoholic beverages on the
premises.
(d) No compensation of any kind shall be paid by any
customer or patron directly to any dancer or performer.
All dancers and performers participating in the nude
entertainment shall be Paid, if at all, by the operator
of the establishment concerned.
(e) There shall be no physical contact of any kind
between customers or patrons and dancers or performers.
All nude entertainment shall be restricted to a central
98_ 117
' k" A5 ADof1TeD
CERTIFICATE
I, Gall E. Campbell, City Clerk of the City of Bangor,
hereby certify that the attached 8 -page document is a true copy of
Chapter VII, Article 1-C of the Laws and Ordinances of the City of
Bangor, regulating commercial displays of nudity, adopted on May
29, 1998 as Council Order 98-110, as anended prior to adoption.
The effective date of Chapter VII, Article 1-C 1s June 6, 1998.
Dated: June 1, 1998 a �F
Go 1 B. Camptell
Ci Clerk
y of Bangor, Maine
CHAPTER SII
ARTICLE I -C
REGULATING COPDIERCIAL DISPLAYS OF NUDITY
Section 1 Legislative Findings.
a. A number of commercial establishments located in the
City of Bangor presently offer nude dances and other
nude performances as a form of public entertainment;
b. Within the past year, the number of such
establishments located in the City of Bangor has
increased;
c. The types of nude entertainment offered by such
establishments and regulated by this Ordinance are a
purely commercial activity, unrelated to free
expression and the exchange of ideas;
d. The types of nude entertainment regulated by this
Ordinance consist of lewd exhibitions that are
patently offensive to a large majority Of the
residents of the City of Bangor.
e. Unlimited commercial exploitation of nudity can
induce individuals to engage in prostitution, sexual
assaults, breaches of the peace, and other criminal
activity;
f. Displays of nudity in commercial establishments tend
to create, and have created a tawdry atmosphere
which adversely affects the quality of life of
Bangor's residents;
g. Persons under the age of 10, by reason of their age
and inexperience, are especially susceptible to
prostitution and Other Criminal activity if employed
by or allowed entrance as patrons of commercial
establishments offering nude entertainment; and
-2-
h. Commercial establishments offering nude
entertainment should be sited in locations that
minimize their negative effects on public health,
safety and morals.
In view of the foregoing legislative findings, for the
purpose of protecting the public health, safety and
morals, the City Council of the City of Bangor hereby
adopts the following regulations of commercial nudity
Within the City of Bangor:
Section 2 Definitions.
For purposes of this ordinance, the terms "nudity",
"person", "sado-masochistic abuse", "sexual conduct",
and "sexual excitement" Shall be defined as provided in
Chapter VII, Article 1, Section 2, Laws and Ordinances
of the City of Bangor.
The term "commercial establishment" shall be defined a
provided in Chapter VII, Article 1-A, Section 1.2, and
shall include establishments offering entertainment to
members of the general public.
The term "licensed movie theater" shall be defined as
provided in Chapter VII, Article 1-A, Section 1.5, Laws
and Ordinances of the City of Bangor.
The term "operate" shall be defined as provided in
Chapter VII, Article 1-A, Section 1.6, Laws and
Ordinances of the City of Bangor.
In addition, the following terms shall have the
definitions stated:
"Nude entertainment" means any display of live persons
in a state of nudity, or in a visible State of sexual
excitement whether or not clothed.
"Premises" means the entire building or structure
concerned, including all floors, attics, basement areas,
and outbuildings, whether or not partitioned into
separate rooms or areas.
Section 3 Approvals Required.
No person operating a commercial establishment in the
City of Bangor shall present orallow presentation of
any form of nude entertainment on the premises of the
establishment concerned, without first obtaining a
certificate of occupancy for that purpose from the
City's Code Enforcement Officer.
-3 -
The application procedure and criteria for issuance of a
certificate of occupancy shall be as provided in Chapter
VIII, Article 1, Section 9.3 of the Laws and Ordinances
of the City of Bangor. Provided, however, that the
following additional requirements shall apply to
commercial establishments offering nude entertainment:
(a) The application for a certificate of occupancy
under Chapter VIII, Article 1, Section 9.3, shall state
that the proposed use includes nude entertainment. The
application shall describe the nude entertainment to be
offered, including the intended frequency and times; and
shall indicate the area of the premises where the nude
entertainment shall take place.
(b) The application shall disclose the names and
current residence address of all principals Of the
business concerned, and shall disclose the names and
current residence address of all persona holding a
financial interest of five percent (58) or more in the
business concerned.
(c) Prior to granting a certificate of occupancy, the
Code Enforcement Officer shall forward the application
to the Chief of Police, for a criminal information
background check on each of the persons named in the
application under section 3(b) above. The Code
Enforcement Officer shall deny the application if the
applicant, any principal of the business concerned, or
My holder of a 5% or greater financial interest 1n the
business concerned has a record of conviction of
prostitution, promoting prostitution or of a class A, B,
r C felony under Maine law, or equivalent offenses i
other jurisdictions, during the ten year period ending
prior to the application date.
(d) No certificate of occupancy shall be granted for a
commercial establishment offering nude entertainment,
unless the premises concerned are located in a
commercial zoning district as defined in the City's Land
Development Code, and the premises concerned meet all
district provisions and development standards plus the
following additional requirements:
I. the premises concerned must meet the
off-street parking requirements of
Chapter V111. Part II, Article 11 and
the minimum location requirements in
Article 11, Section 3 for the Shopping
and Personal Service District.
n
11. the premises concerned must meet the
minimum development standards and buffer
yard requirements in Chapter VISI,
Article 20 for the Shopping and Personal
Service District.
iii. the premises concerned must not be located
within 500 feet of the nearest district
boundary of any residential zoning
district established under the provisions
of Chapter VIII of the Land Development Code
of the City of Bangor.
iv. the premises concerned must not be located
within 500 feet of the nearest property line
of any school ground, public playground, or
City of Bangor public park.
For the purposes of this paragraph, the term "commercial
zoning district" consists of the neighborhood service
district, urban service district, airport development
district, shopping and personal service district, and
general commercial and service district as defined in
Chapter VIII, Articles 14 and 15 of the City's
Ordinances.
(e) No certificate of occupancy shall be granted for a
commercial establishment offering nude entertainment, if
the premises concerned are located within five hundred
feet (500') of any other such establishment for which a
certificate of occupancy, previously issued, remains in
force; any establishment licensed to sell alcohol for
on -premises or off -premises consumption under Title 28-A
MRSA 5 601 at seg.; any public or private school, school
dormitory; church, chapel, parish house or other place
of worship; public library, juvenile shelter or
orphanage in existence as of the application date. The
500' distance shall be measured in a straight line from
the nearest regularly used entrance Of the premises
concerned to the nearest regularly used entrance of such
other establishment; school, school dormitory; church,
chapel, parish house or other place of worship; public
library, juvenile shelter, or orphanage.
W No certificate of occupancy shall be issued for a
commercial establishment offering nude entertainment,
unless the premises concerned include changing rooms and
toilet facilities for performers that are Separated from
any area of the premises to which the public will have
access.
(b) No person under the age of eighteen (18) years
shall be admitted to any commercial establishment
offering nude entertainment, as a customer or patron.
The operator of each such establishment shall be
responsible for verifying the age of each person
entering the premises, through photographic
identification.
(c) No alcoholic beverages shall be sold, served, or
given away on the premises of any commercial
establishment offering nude entertainment, whether for
on -premises or off -premises consumption. Operators of
any such establishment shall not allow customers o
patrons to bring or consume alcoholic beverages on the
premises.
(d) There Shall be no Physical contact on the premises
between Patrons and dancers. For the Purposes of this
section, physical contact does not include incidental
touching between a dancer and Patron, of a business or
social nature, i.e., a handshake or the brief contact
that occurs while a patron is giving a tip to a dancer.
In no e deemed to
contactabarred se lby1 the dstate statuteental contacts de
regrding unlawful
sexual contact.
(e) Dancers or performers who remove any garments
during the nude entertainment shall not toss or throw
those garments to any customer or patron.
(f) Dancers or performers providing the nude
entertainment shall not engage in any sadomasochistic
abuse or sexual conduct, as defined in Chapter VII,
Article 1, Section 2 of the Laws and ordinances of the
City of Bangor.
(g) Nude entertainment presented in a commercial
establishment Shall not Include any showing of the male
or , pereus, or en
person awith le eless than ar fullya p que covering. us of any
(h) No nude entertainment shall he presented after the
hour of 1:00 a.m. All premises offering nude
entertainment shall be closed and cleared of customers
and patron$ between the hours of 1:15 a.m. and 6:00 a.m.
Mondays through Saturdays and 9:00 a.m. Sundays.
Section 5violations.
Any violation of this Article by the owner, lessee,
licensee, Permittee, or operatorof a premises shall
constitute a land use violation, and shall be subject to
cost of any improvements and expenses and revenues of
the establishment concerned or, in the case of an owner
of leased premises, verified data as to expenses and
revenues derived from the lease.
C. Except as provided in Section 6(a) above, all
provisions of this Ordinance shall apply to commercial
establishments offering nude entertainment in existence
on the effective date of this Ordinance.
Section Y Theatrical Productions.
The application and location restrictions of Sections
3(a) through 3(e) above shall not apply to theaters,
dinner theaters. licensed movie theaters, or similar
establishments which are primarily devoted to theatrical
performances or the presentation of movies, provided
that any displays of live nudity within such theaters,
dinner theaters, licensed movie theaters, or similar
establishments shall be limited to occasional nudity by
bona fide stage actors during the course of theatrical
performances. Provided also that the provisions of
Sections 3(f) through 3(1), 4(c) through 4(h), 5 and 8
of this Ordinance shall apply to nude theatrical
performances under this Section.
Section 8 Severabill[v.
If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be
unconstitutional, invalid, or preempted by state o
federal law, such decision shall not affect the validity
of the remaining portions of this Ordinance.
98-117
occupancy, suspension or revocation of a certificate of
occupancy shall be sub3ect to administrative appeal as
provided in Article 1, Section 10 of the City's Land
Development code.
Any violation of this Article by a person other than the
owner, lessee, licensee, permittee or operator of a
premises shall be punished by a fine of not less than
Five Hundred Dollars ($500.00) for the first offense,
and not less than One Thousand Dollars ($1,000.00) for
the second and subsequent offenses.
Section 6 Application to EXiatinaabl' hm ts.
a. Within thirty (30) days after the effective date of
this Ordinance, all commercial establishments offering
nude entertainment that wish to remain in operation at
their existing location shall apply for a new
certificate of occupancy as provided in Section 3
above. In Considering those applications, the
requirements of Section 3(d), 3(e) and 3(g) shall not be
deemed to apply. Provided, however, that any
certificate of occupancy granted to an existing
establishment under this Section, that otherwise would
have been denied under Section 3(d), 3(e), or 3(g),
shall be deemed to expire five (5) years from the
effective date of this Ordinance, and shall not be
renewed thereafter, unless the applicant and the
premises concerned shall at that time comply with all
requirements of this Ordinance.
b. Except as provided in Section 6(a) above, all
provisions of this ordinance shall apply to commercial
establishments offering nude entertainment in existence
on the effective date of this Ordinance.
Section 7 Theatrical Productions.
The application and location restrictions of Sections
3(a) through 3(e) above shall not apply to theaters,
dinner theaters, licensed movie theaters, or similar
establishments which are primarily devoted to theatrical
performances or the presentation of movies, provided
that any displays of live nudity within such theaters,
dinner theaters, licensed movie theaters, or similar
establishments shall be limited to occasional nudity by
bona fide stage actors during the course of theatrical
performances. Provided also that the provisions of
Sections 3(f) through 3(1), 4(c) through 4(h), 5 and 8
of this Ordinance shall apply to nude theatrical
performances under this Section.