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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. 1K 4\6A Department He Manager's Comments: City Manager Associated Information: Ordinance, Memo ta#w( t/ 27-4gt ft✓tsae( l- a�dinwre BasilicaA proved: f/ -p? -98"- Please /0// ranfe4/ dJ alAcNeof Aw"a''ane J1+.`_�_. praPas &( ia(s9///((v&olif zf(loe(^e.'(- Finance Director Legal Approval: "1111. 1,kLm' wilt Je�Viff 6ePI(/itma'%1NfVdkz prrr Vin°( PM;raaf. T . I MPY l Rnlit(/1a3�I. 9ai,5fi7�,J%an d1 An pm rnz4el pr(fsian city soirc maaaucedfor �s7(o:v;ng -- �y rdanrf( "Wa�(cf(�d� z� en=- __.passage 71li% Ne A !a(( ea(( i}(^T- x Most Reeding and referral to Community & Ern. Development Page - _ of- -- Referral f--Referral Committee 34-98 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 -3- FF�T814Pi�]F-Pf5{3i ->ZZSIIiF�FS'F-e 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 IMy-P-1993 09:18 WittE Isxng Y 16PLE guy 990 tMv P.W prua. 41 (d) Ice) Roar% 5-1 J --IV sc 9 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, N" (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.