HomeMy WebLinkAbout1979-09-10 364 AG ORDINANCE364 AS
Introducer] by Councilor Soucy, September 10, 1979
CITY OF BANGOR
(TITL6) WriltC.Vm, Amendinn. Chaptar.lV,. Arti,cle...2,-Szecl.Dn.2:..af the _...
_..Ordivanasa. Of Ithe..City-a£. Bang - Rat Is clubs .._.... ............
Boll Ordained by the City Cm%cB ofdhe My ofBampor, as fhUaws:
THAT the proviaiws of Chapter IV, Article 2, Section 2 of the Ordinances
of the City of Bangor be amended by adding the following to the schedule
of annual license fees:
Bottle ClubOsz 0.00
An it further ordained by the City Council of the City of Bangor,
s& follows:
THAT Chapter IV, Article 2, Section 2'be amended by the addition of a new
Subsection 2.6 as follows:
- 2.6 License Requirements for Battle Clubs. For purposes of
In Cit y.Council September
10,1979 Referedto public
safety Committee C.N.M.
C ty lark w
Itrn
364 AB
ORDINANCE
( TITLE,) Amendina Ctranter N Art.2
See. 2 of the ordinances of the City _
of Bangor Bottle Clubs
IntroLced ami ftial 6
Counctlawl
In City Council Sept. 24.1979
Consider next meeting
IN CITY COUNCIL
.IN City COUNCIL
December 10, 1979 -
-Z April 14,1980
Con r i uery 28, 1980.
IB'e£'erke9 to Public Safety Committee
1Considek Amy 2gr 1980 by the
't(
:SlLPasing: yes and no votes.
CrCLRRC
. Euumiffir9 voting yes: BaloaC
CiL lark
BicuntaS,l Mattress, Porter, Soucy,
I Weymouth and Zendsian. Councilors
in City Coo C11 Pebuary-11,1980
no: Baca ed wood.
ptf og '19
Consider And Meeting in March
In City Council October 10 1979
_ aQ� f, v
Consider let Meeting, cecember
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4
W CLae
ity C1 k
in C ity Council My 28,1980
.;
Passed as amesyicel5na
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Nat Bv{ 1N0 teS,Gea ?Lkernen,
BAld 40 Bronn
I City Council
ity Clark&
March 24, 1980
Swpy WeymwM, Porter 'Wood
Amended by esstitution
ae [
z i, g' @ggiRnae
IN CITY COUNCIL
Referred to Public Safety Committee -
.9 Ye
t1`s"
January 28, 1980
Con ext meeting.
M: .Porte n
Referred to Public Safety Committee
cityt
Cc 'dex next mcetin9A66.
E%
YT`
ITY CLERK
CITY OF BANGOR
ajav-MIbhurIffE�—.._Amendinr.-_cnaREss::1.y_of._tiee.::4cdi,.nancee_si�he__
_,_„„: C4y_ gf,Bangor-Bop[le Clpbe__,_,_,__,,,_,_,_
B &odaiaad by Am MY CmwU of OW CityofBasamr. asloUamw
— THAT Chapter IV of the Ordinances of the City ofBangorbe
amended by adding a new Article 12 as follows:
CHAPTER IV
Article 12 - BottleClubs
Sec. 1 License Required. No person, firm, or corporation
shall keep, maintain, operate, lease, or otherwise furnish,
either to its members and guests or to the general public, any
premises, in the City of Bangor, for use as a bottle club, with-
out first having obtained a license therefore to be issued by the
City Clerk after approval of the City Council in accordance with
this Article.
Sec. 2 Definitions. Unless otherwise defined herein or
in the text, all words used will have their common meaning.
(a) Bottle Club. 'Bottle club” means any person operating
on a regular basis a premise for social activities in which members
or guests provide their own alcoholic beverages, and where no
alcoholic beverages are sold on the premises. A bottle club
maintains suitable quarters for the use of members on a regular
basis or charges an admission fee to members or to thegeneral
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public. A bottle club. is not a public place, as defined in Title
17. section 2003. -
(b) Person. "Person" shall mean any individual, person,
firm, corporation, association, partnership or organization.
(c) Officer. "Officer' shall mean any officer, director,
stockholder, owners, manager, or person who. either has a financial
interest of any nature in a bottle club or directs any policy of
a bottle club.
Sec. 3 Fees. The annual license fee for a bottle club shall
be $200.00. -
Sec. 4 Application and Information. Every applicant for a
bottle club license shall:
(a) complete and file an application on a form prescribed
by the City Clerk;
(b) deposit the prescribed license fee in advance with the
City Clerk;
(c) submit with the completed application to the City Clerk
the following:
1. an attested copy of the Articles of Incorporation
and Bylaws, if the applicant is a corporation, or
Articles of Association and Bylaws, if the applicant
is an association, or partnership documents, if the
applicant is a partnership, as well as a list of
all principal officers of the bottle club.
2. an affidavit which will identify all principal officers,
_.their places of residency at the present time and for
.the immediately preceding three (3) years.
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3. A. description of the premises for which a license
is desired and shall set forth such other material
information, description, or planof that part
of the premises where liquor will be consumed.
If an application should be denied or withdrawn one-half of
the License Fee shall be refunded to the applicant and the other
half shall be retained by the City to offset the cost of pro-
cessing the application.
Sec. 5 Investigation of Applicant. Upon receipt of each
application for a bottle club license:
(a) Code Enforcement Officer shall verify that the premises
of the proposed bottle club comply with the applicable ordinances
of the City of Bangor, including, but not by way of limitation, i
the building code, electrical code, plumbing code and zoning
ordinance and shall report his findings in writing to the City Council.
(b) The Health Officer shall cause inspection. to be made of the
proposed location of the bottle club for the purpose of determining
whether the applicable ordinances relating to health and safety
have been complied with. A reportofhis findings shall be made
in writing to the City Council..
(c) The Fire Chief shall cause an inspection to be made of
the proposed location of the bottle club for the purpose of
determining if city ordinances concerning fire and safety have been
complied with. He shall submit a report of his findings in writing
to the City Council.
(d) The Police Chief shall cause an investigation' to be made
of the officers of the bottle club and shall report his findings
in writing to the City Council.
�r
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All reports required under this section shall be filed
with the City Clerk.
Sec. 6 Notice of Nearing. After receipt of the written
reports required by Sec. 5, the City Clerk shall give notice of
a public hearing on the application in the form and manner and
to the persons herein specified.
6.1 The notice shall include the time and place of
such hearing, the nature of the matter to be beard, the address
or location of the property involved. Where notice by mail is re-
quired, it shall be mailed at least seven (7) days in advance of
the hearing date by regular United States mail..
6.2 Notices shall be given to each of the following:
(a) to the applicant.
(b) to all residents of the City by publication
in a newspaper of general circulation in the
City at least once, not more than thirty (30)
nor less than five (5) days, before the date
of the hearing.
'(c) to the owners of the property within five
hundred (500) feet of such parcel or tract
by mail.
(d) for the purpose of this section, the owners of
property, shall be considered to be the parties
listed by the Assessor's Department of the City
of Bangor as those against whom taxes are assessed.
Failure of any property owner to receive a
notice of public hearing shall not necessitate
another hearing and shall. not invalidate any
action of. the City Council.
Sec. 7 License Not to be Transferable. A separate license
must be obtained for each bottle club.Each license shall
authorize the operation of such an establishment only at the
location described in such license and in conformity with all
applicable ordinances and laws. No license shall be transferred
to anotherpersonor to any -other location.
Sec. 8 Display of License. Every bottle club shall exhibit
its license at all times in a conspicuous place on its premises.
Sec. 9 Expiration. All licenses issued pursuant to this
ordinance shall expire on the last day of April of each year.
Sec. 10 Minors Not Permitted on Bottle Club Premises. No
person under the age of twenty (20) years shall be permitted in
any bottle club.
Sec. 11 Hours of Bottle Club. The premises used as a bottle
club shall be closed and vacated by member, guests and members of
the general public each day from 2:00 a.m. to 6:00 a.m. on January
1st and from 1:15 a.m.. to 6:00 a.m. on other days. During the
hours that a bottle club must remain closed, no members, guests
or other persons, other than regular employees, may be on or remain
therein, and the use by anyone of the premises or facilities of
the battle club for the drinking of alcoholic beverages during
such hours when a bottle club most remain closed is prohibited.
Sec. 12 Suspension or Revocation., A license to operate a
bottle .club, as provided for by this ordinance, may be denied,
suspended or revoked by the City Council for either violation of or
failure to comply with any of the provisions ofthis ordinance, or
with the provisions of any other applicable code or ordinance.
Determination of the severity of the violation and whether or not
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a denial, suspension, or revocation is warranted, shall be made
by the City Council, after notice and hearing.
Sec. 13 Appeals. An appeal from any final decision of the
City Council shall be taken by any party to the Superior Court
in accordance with the provisions of Rule 80B of the Maine Rules
of Civil Procedure.
Sec. 14 Penalty. In addition to any action which the
City Council may take, violation of any provision of this
ordinance shall bee civil violation and a fine not exceeding
$200.00 may be imposed. Each day that a violation continues
will be treated as a separate offense.
SPG
3�
tffMORAIiDUM
May 23, 1980
T0: Bangor City Council
FROM: Robert E. Miller, City Solicitor
RE: Bottle Club Ordinance
In accordance with your previous direction, we have redrafted the
definition of bottle club. He also are recommending that i sentence be
added to the ordinance specifically -providing'for any fines collected for
convictions of the ordinance to go to the City. These changes have been
reviewed by the public Safety Committee. Councilor Soucy will propose the
following amendments: --
(1) That the ordinance be amended In -See. 2(a) by substituting
the following definition of bottle club:
Bottle Club. "Bottle Club" means any establishment o
premieesvhich is operated on a regular
basis in the following manner: (a) no alcoholic beverages
sold on the premised; (b) all members , guests ember
of the public must provide their own alcoholic beverages
for consumption an the premises; (c) fees or other 'charges
e imposed on all members, guests or members of the public
for admission to the premises; or for setups, i.e., liquid
mixers, cups.ice
and other items associated with the
consumption of alcoholic beverages or for any other reason.
For purposes of this ordinance, the term "bottle club" shall
include, but not be limited to, all such.prcmises_ designated. ...
for municipal regulation under 28 M.R.S.A. 4 2(1-A), § 4.
(2) That Section 14 be amended by adding the following -sentence;
"All fines collected hereunder shall inure to and be
recovered by the City of Bangor."
R.E.M.
to
cc. City Manager