HomeMy WebLinkAbout1978-10-23 411 AF ORDINANCE411 AN
Introduced by Councilor Soucy, ectaber 23, 1978
_- � _ - CITY OF BANGOR
(TITLE.) MriLinWre, Amendment to Chapter N, Article ll Special... _
Amusement Permit for Music. Dancing or Entertainment
Baaar asuf by aurco of aro waa*w•. axtm .
Be it ordained that Chapter N, Article 11 be deleted and replaced vith the
following:
Sec. 1 Purpose. The purpose of this Ordinance is to control the.issuance
ofspecial assent permits for music, dancing or enter-
tainment in facilities licensed by the State of Maine to sell liquor
under 28 M.R.S.A.:97021
Sec..2 Definitions.. The following definitions shall apply unless the context
clearly indicates another meaning:
2.1 Entertaiement. 'Entertainment" shell include any avha®ent,
performance, or exhibition or diversion for
petrous or custmers of the licensed premises wbether provided
by professional entertainers or by full-tineorpart-then
eeployees of the licensed premises whose Sncidential duties
include activities with an entertainment value.
2.2 Licensee. "Licensee" shall include the holder of a license
issued under the Alcoholic Beverages Statutes of
the State of Maine or any person, individual, partnership,
firm, association, corporation,. or other legal entity, acting
as agent or esployee of the holder of such a license.
Sec. 3 Special Amusement Permit Required. No licensee for the sale of liquor
to be consumed oa his licensed
premises shall permit, on such licensed prises located in the City
of Bangor, say music, except radio or mechanical device, any dancing
r caterteirment of any sort unless the licensee shall have first
obtained from the City Council a special avuseseent permit.
3.1 Application Form. Applications for special ususement permits
and annual renewals thereof shall be made
in writing on forme provided by the City Clerk and signed by
the licensee. Each application shall state the name and address
of the applicant; the name, address, and nature of the proposed
encasement; whether admission will be charged under Section 3.2,
andif no the access
so designated; aM whether the applicant
has ever had a State liquar license or special emv ement permit
denied or revoked, and if so au explanation thereof.
3.2 Admission Chargee. A licensed hotel, Class A restaurant, Class
A tavern or restaurant malt liquor licensee,
as defined in Title 28 of the Maine Revised Statutes, who has
been issued a special amusement permit may charge admission in
designated ar
es
; provided, however, such areasmast be s
desia,ated inthe application and approved by the City Cmmc31.
Sec. 4 Permit Fee. The permit fee for a special amusement permit shall be
$10 pine the cost of advertiaiug for a public hearing
under Sec. 5.
Sec. 5 Public Hearing. Prior to Scenting a special om„ enent permit and after
review by the Zoning and Code Enforcement Administration
Officer, the Health Offica,* the Chief of Police and the Fixe Chief, the
City Council shall hold a publlc hearing after reasonable noticeof
the same las been given to the applicant and las been advertised, at
the applicant's eapsnae, is a newspaper of Several circulation in the
City at least seven (7) days in advance. At the`pµbllc hearing the
testimony, of say interested parties shall be heard.
See. 6 Isaacson of Permit. After public hearing, the City Council shall
great the special a,me®mt permit requested
unless the issuance of the permit would be detrimental to the public
Health, safety or welfare,'C'or would violate any applicable State law
or City ordinance.
6.1 Restrictions. In approving such a permit, the City Council may
Ispose reasonable restrictions to protect property
owners in the vicinity a the licensed -premises fron any, nuisance
aspects of theproposed amieement, including the location and
size of the pamise , the facilities that cozy be required for
the permitted activities on those promises, and the hours during
which the permitted activities will be allowed.
Sec. % Notice of Decision. Any licensee requesting a special ems soot permit
shell be notified in writing of the City Council's
decision no later than fifteen (15) days from the date of their decision.
In the event that a licensee is donned a permit or restrictions are
imposed upon the permit, the licensee shall be provided in writing with
the reasons for the denial or a list of the restrictions. A licensee
ay,
mnot reapply for the came permit within thirty (30) days.
Sec. 8 Expiration a License. A special assessment permit shell be valid only
for the license year of the existing license.
See. 9 Suspension or Revocation. The City Council may, after -a public hearing,
preceded by notice to interested parties,
suspend or revoke ars, special amus®ent permit on the ground that the
music, dancing or entertainment so permitted is detrimental to the
public health, safety or welfare, or violates anon applicable State law
or City ordinance. If the City Council revokes or suspends a licensee's
special amusement permit, he shall be notified in writing within fifteen
(15) days of the reasons for such action.
See. 10 Appeal Procedures. A licensee whose request for a special amu emant
Commit has been denied, approved with restrictions,
or revoked or suspended, may within thirty (30) days of such action,
appeal the decision to the Zoning Boa of Appeals establiahed4pader
Section 1 of Article 24, Chapter VIII of the Ordinances of the City of
Bangor. For the purposes of this Article, proceedings before the
Board of Appeals shall be governed by the provisions of 30 M.R.S.A.
$241J., except that a quorum shaLL require fear (4) members ami reversal
or MoOdficatim of the City Council action shall require fear (4)
concerning votes. The Board of Appeals may grant orreinstate the
permit only if it finds that the denial, impositionofrestrictions,
or revocation of suspension was arbitrary or capricious.
Sec. ll Pen Whoever violates any provision of this Ordinance shall be
fined not less than $10 nor more then $100 to be recovered,
on plaint, to the use of the City of Bangor. Each day's violation
shall constitute a separate offence.
IN CITY COUNCIL OCTOBER 2),1978
REFERED. TO PUBLIC SAFETY CONNIITTEE
CONSIDER NEXT MEETING
CIT
IN CTM COCNCIL NOVEMBER 13,1978
EEFERED TO PUBLIC SAFTEY CORM
C.N.M.
wo
CITY GLE K
411 AF �l
ORDINANCE /e�i 5_79'
( TITLE,) AMENDMENT TO CHAPTER IV ARTICLE 11
SPECIAL AMUSEMENT PERMIT FOR MRXIC
DANCING OR ENTEIIAIENT
' Iniro� atl (tI� 6y
v C6YICt
IN CITY COUNCIL NOVEMBER 27,1978
VOTE FOR PASSAGE NINE YES - -
BALDACCI5 BRODNTASt LASS, MCKERNAN,.
SOUCY, WEYMOUTH, WILLEY, WOOD, ZENDZLIN -
CITY CLERK ��