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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 ' - 4 W CLae ity C1 k in C ity Council My 28,1980 .; Passed as amesyicel5na : YY 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 -2 - 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. -3- 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 -4 - 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 -6- 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