Loading...
HomeMy WebLinkAbout1999-11-22 00-28 ORDINANCEDate: November 22, 1999 Irem No. OD 28 hem5ublecl: AmeMins Me Commaclal Displays ofNWity 0MWame, CMpar 218, ANch, N. ReeponaNe Dgvmmmt: Legal Office Commeotmy Ibis ameW amt wJl change section MS -14(D)(1) a rwove Ne regwrament Mart tl¢ bdRa fool mqW remmh and off - Once parkin requirements; comply with Ne standards for the Shopping arc Personal Senna District. Instal, Ma, requirements; of the particWer ane it which the business is located will be applicable. The ammdmmt win also show Meaublishment offering wile eMettaimmmt in Ne Urban 4WusNel District (UID) as a cmdidoral use. An amendment to station 218-14 changes du methal of meaz rma; the distance beRvcen Me xtablisbmeN and bars, clenches, ch., although she Etalons. 5W Met, consist tlrt now. Th mashed ofineumemmt aM distance fiom schools and school grounds remains Me same. The amendment aim moves chair then Ne subste"t establishment Of a schcc, church, em. will mu talent the Certificate of Occupancy of the commertial establishment, net make it a nm.conalatming use An Manha ant to Station 228-16 (A) will toilets, "Mall" with "may"with regard W the Code enforcement Oltica's suspension or revocation of a business's certificate ofoaupency. Finally, Mis amendment changes section 2211-17Man $a cudficate ofarvpnry At no, wiistiogen aMill nM expire Mail lune 1, 2001. //� g;ff i Wall , Pamce D'vMm Legal APPmval: Solicto Inb psi For Pazazg �Refetrel�q�jhs,Nw p� . Aemigned to Councilor nohman November 22. 1999 CITY OF BANGOR (TITIE) VIYr1binU Be.._`Un_endingthe Commetchd Display of Nudity Ordinance -Chapter Be4ordaiwdEy WCUy COaneBOftfle City ofBunpor, aafolloura- THATtlie Commercial Display of NudityOrdinance-Cbapter 228, Article IV, be amended es follows: Commercial Displays of Nudity, Chapter 228, Article N § 228-12. Legislative findings and purpose. A. Findings. (1) A number of commercial establishments located in the City of Bangor presendy offer nude dances and other nude performances as a form of public entertaivmrnt. (2) Within the past year, the number of such establishments located in the City of Bangor has increased. (3) The types of nude entertainment offered by such establishments and regulated by this article are a purely commercial activity, unrelated to free expression and the exchange of ideas. (4) The types of nude entertainment regulated "is article consist of lewd exhibitions that arepateadyoffensiveWalarge jorityoftheresidentsofthe CityofBangor. (5) Urdimhed commercial exploitation of nudity can induce individuals to engage in prostitution, sexual assaults, breaches of the peace and other criminal activity. (6) Displays of nudity in commercial esmblishments tand W create, and have created, a tawdry atmcephere which adversely affects the quality of life of Bangor's residents. (7) Persons under the no of 18, by reason of their age and inexperience, are especially susceptible to prostitution and other ctimiral activity if employed by or allowed entrance as patrons of commercial establishments offering nude eaterlaioment. I8 CITY CODBCSL November 22, 1999 First Reading Referred to Municipal Operations Committee IN CITY WDNCFL December 13. 1999 Nation for Passage Made and Seconded Patios to Amend by Deleting the reference to §228-14E in 8228-17 6 6228-18. Node and Seconded Motion to Paas As Amended Made & Seconded Vote: 9 yes Councilors voting yea: Aube. ealdacci. BlAucbette. Crowley. Parnham, Palmer. Rahman. Trenble and vardamis Passed C17 OLL28 ORDINANCE ( TITLE,) a ...ai.e ♦ . t..�..e nianlav of Nudity Ordinance - Chapter 228. article IO (8) Commencial establishments offering nude entertainment should be sited m locations that minimise their negative effects an public health, safety and morels. B. In view of the foregoing legislative findings, fm 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. § 228-13. Definitions. A. For purposes of gas article, the terms "nudity;. "persm-"sadomasochisfic abuse; "sexual conduct" and "sexual excitement" shall be defined as provided in Article I, § 228-2 of this chapter. (1) The term "commercial establishment" shall be defined as provided in Article 11, § 228-5, and shall include establishments opening entersimmmit to members of the gmend public. (2) The term "licensed movie theater' shall be defined as provided in Article If, § n8-5 of mischapter. (3) The term "operete" shall be defined as provided in Article IL § 22&5 of this chapter. B. In addition, the following crops shall have the definitions stated: NUDE ENTERTAINMENT --Any display of live persons in astate of nudity, or m a visible state of sexual excitement whether or not clothed. - PREMISES — The antire building or structure concerned, including all floors, aLLics, basement area, and outbuildings, whether or not partitioned into separate rooms or areas. §228-14. Certificate ofocenparwy required. No person opereting a commercial establishment in the City of Barden shall present or allow presentation of any form of nude entertainment on the premises of the establishment concerned without first obtaining a corificate of occupancy for that purpose from the city+ Cade Enhancement Officer. The application Procethrre and criteria for issuance of certiCrcate of occupancy shall be as provided in Chapter 165, Land Development, § 165-I0C; provided, however, that the following additional requirements shall apply to commeroial establishments offering nude entertainment A. The application far a certificate ofocmpanry under Chapter 165, § 165 -IOC shall state that the proposed use includes nude entertainment. The application shall describe the node entertainment b be offered, including the intended freopon ry and times, and shalt indicate the area of the premises where the nude entertainment shall take place. B. The applimtim shall disclose the name and current 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 concerned. C. Nimto granting a certificate of occupancy, the Code Enforcement Officer shell forward the application b the Chief of Police for a criminal information background ciaste on each of the persons named in the application under Subsection B above. The Code Enforcemrnt officer mail deny the application if the applicant, any principal of the business concerned or any bolder of a five-percent or greater financial interest in the business concerned has a record of conviction ofprostimtion, promoting prostitution or of Class A, B, or C felony under Maine low, or equivalent offenses in other jurisdictions, during the ten-year period ending prior to the application date. D. Location and standards. (1) No certificate of occupancy shall be granted for a commercial estabhstunent offering nude worrtaimmmt, unless the premises concerned me located in a commercial zoning district j and the premises concerned mem all district provisions and development standards contained in Cloutier 165. Leatl..._— Development plus the following additional requirement: baft Persommservice Bisst ct U No cerfificate Of Occupatu v shall be granted for a commercial establishment offering nude entertainment if the premises concerned are located within 5pp feet of any other such establishment for which a certificate of occupe nev. Previously ieuetl remains in farce my establishment licensed to sella of for on-Premises or off-premises consumption underMRSA. 38-A 6 01 at sap.:a church. chapel, oarish house or other Place of wankli : or a public library, uvenJe shelter or orphanage in existence as of the application than, ge measured from the main entrance of the premises to the main entrance of a building by the ordinary course of travel. (c) M 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 165, Land Development, of the City of Bangor, as measured in a straight line from the premises t0 the boundary of the zoning district. ph Lel The premises concerned and: not be located within 500 fed of (be contest property line of any public or private sch"L school drnnhory, ar school ground, public playground or City of Bangor public park .0 measured in astraleht line from the Premises t0 the Proqueric line. (1) or gists of the f h-10 q,, Dis let "ba I So Vice INS I cht; * Ilse For the purposes of this Subsection D. the term "commercial zoning district' consists of the followipe aanhor dhs m as defined in Chanter 165, Arfcles XHI and XIV: Neighborhood Service District. Urban Service Distrito, Airport Development District. Shopping and Personal Service District, General Commercial and Service DiatriM. and, subject to conditional use approval. Urban In lastrial DIMIM. F. No certificate of occupancy sball be issued for a commercial establishment offering nude entertainment unless the premises concerned include changing rooms and loild facilities for performers Nat are separated tom any area of the premises to which the public will have G. No certificate of occupancy shall be issued for a commercial establishmrnt offering nude entertainment if any portion of the premises concerned counters of residential aparbnants or units, whether or not occupied. H. q premisce concerned, N addition, shall mat all applicable requirements of Chapter 81, Building Code, Chapter 170, Life Safety Code, and Chapter 165, Land Development. $ M8-15. Conduct. A. No person trader the age of 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 bormly employees, informed employees and all persons working on the premises her tips, commissions or as independent contractors, contract dancers or contract performers. (1) Each employer shall maintain records showing the time and date of birth for each employee, including a copy of the photographic identification used m verify age. Poor to any employee's begirming 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 months atter the employee ceases to wads for the employer. These records are also subject m review by the Bangor police on.the.. - business premises during normal operating hours. (2) In the event the Banger police reasonably suspect thin arty employee listed nt the records is order the age of 18 years, the Bangor police may copy the record for investigatory purposes. Any record or information so obtained, and any subsepueru inf ation developed therefrom, is declared to be"intelligence and investigative information"order 16 M.R.S.A. § 611, Subsection 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, nmwiNsmvding this declaration. B. No person under the age of IS 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 communication, whether for on -premises or off -premises consumption. Operators of any such establishment shall not allow customers or patrons b bring or counters alcoholic beverages on the premises. D. There shall be no physical contact on the premises between patrons and dowers. For the purposes of this subsection, physical contact does not include incidental touching between a dancer and portion of business or social nature, i.e., a hambleake or the brief cordae[ that occurs while a pahon is giving a tip t6 a dancer. In no case shall incidental contact be deemed to include contact barred by the state examines regarding unlawful sexual contact. B. Dancers or performers who remove any Someone during the nude entertainment shall not toss or throw those Summers many customer or patron. F. Dancers or performers providing the nude enrermimnent shall not engage in any, sadomasochistic abuse or sexual conduct, as defined in Article L § 228-2 of this chapter. G. Nude entertainment presented in a commercial establishment shall rat include any showing of the male or female genitals, pubic area, perineum or anus of any person with less then a fully, opaque covering. H. No nude entertainment shall be presented after the hour of 1:00 a.m. All premises offering nude enlertaimnmt 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 a.m. Sundays. §228-16. Victorians and penalties. A. Any violation of this article by the motor, losses, licensee, permittee or operator of a premises shall constitute a land use violation and shall be subject to prosecution and penalties as provided in 30.A M.RS.A. § 4452, provided that the minimum fine for any violation by such persons shall be $500 for each ofterue. In addition, the Code Enforcement officer shall may suspend or revoke the certificate of occupancy for any establishment offering nu leenterrabroomitin violation ofthisarticle, or in violation ofconditions contained in the certificate of occupancy. Suspension or revocation of certificate of occupancy shall be subject to administrative appeal as provided in Chapter 165, Land Development, § 165-11. E. Any violation of this article by a person other than the owner, lessee, licenses, pernittee or opermar of premises shall be punished by a fine of not las than $500 for the first offense, and not less then $1,000 for the second and subsequent offenses. §228-17. Existing establishments. A. Within 30 days after the effective date ofthis article, all commercial establishments offering nude entertainment that wish tor remain in operation at their existing location shall apply for w certificate of occupancy as provided in § 228-14 above. In considering thou applications, the requirements of § 228-14D, E and 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 § 228-14D, E or G shall be deemed to expire on dune 1.2001 and shall not be renewed thereafter, unless the applicant and the premises concerned shall at that how comply with all requirements of this article. iotl-lnYM1eme dre C. Except as provided in Subsection A above, all provisions of this article shall apply to commercial establishments offering nude entertainment in existence on the effective date of this article. § 228-I8. neatrical productions. The application and location restrictions of§ 228-14A through E above shall not apply W 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 or occasional nudity by bona fide stege actors dining the course oftheanical performances; provided also that the provisions of §§ 228-14F Through 1, 228-ISC through H and 228-16 of this article shall apply to nude theatrical pertbmmances under this section. New text is bold underlined and deleted text is boldsouciront. 00 28 AS AMENDED Assigned to Councilor xobman November 22, 1999- �i' N CITY OF BANGOR (TITLE.) �Xl�QIIAI[CCr _Amending the Cwnmerdal Display of Nudity Ordinance_ Chapter IV. Beitordained W tM City Crarwil Of W City OfBaµmr, as fruauw: T11AT the Commercial Display of Nudity Ordinance - Chapter 228, Article IV, be amended as follows: Commercial Displays of Nudity, Chapter 228, Article IV § 228-12. Legislative findings and purpose. A. Findings. (1) A number ofcommercial establishments located in the City of Bangor presently off nude dances and other nude performances as a form of public entertainment. (2) Within the past year, the number of such establishments loomed in Ne City of Bangor has increased. (3) The types of nude entertainment offered by such establishments and regulated by this article are a purely commercial activity, unrelated to free expression and the exchange of ideas. (4) The types of nude entertainment regulated by this article consist of lewd exhibitions that re patently offensive to a large majority of the residents of the City of Bangor. (5) Unlimited commercial exploitation of nudity can induce individuals to engage in prostitution, sexual assaults, breaches of the peace and other criminal activity. (6) Displays of nudity in Commercial establishments tend to create, and have crested, a tawdry atmosphere which adversely affects the quality of life ofBangors residents. (7) Persons order the age of 18, by reason of their age and inexperience, are especially susceptible to prostitution and other criminal activity ifemployed by or allowed enhance as patrons of commercial establishments offering nude entertainment. (8) Commercial establishments offering nude entertainment should be sited in locations that minimize their negative effects on public health, safety and morals. B. In view of the foregoing legislative findings, for the purpose ofproducing the public health, safety and morals, the City Council of the City of Bangor hereby adopts the following regulations ofcommercial nudity within the City of Bangor. § 228-13. Definitions. - A. For purposes of this article, the terms"nudity,""person; "sadomasochistic abuse,""sexual conduca" and "sexual excitement" shall be defined as provided in Article I, § 228-2 oftbis chapter. (1) The term "commercial establishment" shall be defined as provided in Article fl, § 228-5, and shall include establishments offering entertainment to members of the gamrel public. (2) The term "licensed movie theater" shall be defined as provided in Article B, § 228-5 of this chapter. (3) The hemi "operate" shall be defined as provided in Article n, § 228-5 ofthis chapter. B. In addition, the following [errs shall have the definitions stared: 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 floors, attics, basement areas, and outbuildings, whether or not partitioned inm separate rooms or areas. §228-14. Certificamofoccupancyrequlred. 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 certificale of occupancy for that purpose from the city's Cade Enforcement Officer The application procedure and criteria for issuance of certificate of occupancy shall be as provided in Chapter 165, Land Development, § 165-IOC; 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 165,§t65- 10C 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 are place. B. The application shall disclose the name and current 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 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 Subsection B above. The Code Enforcement officer shall deny the application if the applicant, any principal of the business concerned or any holder of a fivepercentor greater financial interest in the business concerned has a record of conviction ofprostimtion, promoting prostitution or of a Class A, B, or C felony under Maine law, or equivalent offenses in otherjurisdictions, during the ten-year period ending prior to the application date. D. Location and standards. (1) No ceriifcate 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 ehapte. 165, Ecand Develop a at i and the premises concemed meet all districtmovisions and developments[andards contained in Chapter 165 Land Development plus the following additional requirements: D strict- M- artd all 1 PCISO�$mi[e'Bishipt , Shopping L) No cerdfcate of occupancy shall be granted for a commercial establishment omerine nude entertainment if the premises concerned are located within 500 feet of any other such establishment for which a certificate of occupancy. Previously❑ form, any establishment licensed to sell alcohol r on-prernisesi or off -premises consumption under M.R.S.A. 29-A 6 601 et sea.: a church chapel, parish house r other place of worship, or a public library. invenile shelter or orphanage in existence as of the application date, a measured from the main entrance of the premises to the main enhance of a buildine by the ordinary course of travel. (c) Lb] The premises concerned must not be limited within 500 feet of the nearest usual boundary of any residential Boning district established under the provisions of Chapter 165, Land Development, of the City of Bangor, as measured in a straieht line from the orem'ses to the boundary of the zoning district. BB je) The premises concerned must not be located within 500 feet of the nearest property line of any public or private school school dormitory, or school ground, public playground or City of Bangor public park as measured in a straiebf line from the premises to the property line. fz7 For the purposes of this Subsection D. the term "commercial zoning district" consists of the followine zan'ns districts, as defrned'n Chapter 165 Articles XIII and XIV, Neighborhood Service District Urban Service District. Airaort Development DistrictShopping and persons] S ice D'st'c[ General Commercial and Service District. and, subject to conditional use approval. Urban Industrial District. E. rude sales lad n library, juIe line fire ho cbcd regrahairtr5d] ed to tire nea est tegvhis used houses mile Pt... vHmship,vablic librazy,jume dies! chat a] Olphs age. 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 performem 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. The premises concerned, in addition, shall medal] applicable requirements of Chapter 81, Building Code, Chapter 170, Life Safety Code, and Chapter 165, Land Development. §228-15. Conduct. A. No person under the age of 18 years shall be employed in any capacity upon the premises of 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, mcludinghourly employees, salaried employees and all persons working on the premises for tips, commissions or as independent contractors, contract dancers or contract performers. (1) 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 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. (2) In the event the Bangor police reasonably suspect that any 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 developedtberefrom, is declared m be "intelligenceand investigative information" under 16 M.R.S.A. § 611, Subsection 8, the Criminal History Record Infowation 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, B. No person under the age of 18 years shall be admitted to any commercial establishment offering nude entertainment, as a customer or patron. The operator of each such. establishmentshall be responsible forverifying theage ofeach person entering thepremises, 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-pfemrses or off -premises consumption. Operators ofany 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 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 case shall incidental contact be deemed at include contact barred by the state statutes regarding 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 pawn. F. Dancers or performers providing the nude entertainment shall not engage in any sadomasochistic abuse or sexual conduct, as defined in Article I, § 228-2 of this chapter. G. Nude enterainmentpresented 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. H. No nude entertainment shall be presented after the hour of 1:00 a m. All premises offering nude entertainment shall be closed and cleared of customers add patrons between the hours, of 1:15 a.m. and 6:00 a. and Mondays through Saturdays and 9:00 a.m. Sundays. § 228-16. Violations and penalties, A. Any violation of ibis 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 30-A M.R.S.A. § 4452, provided Nat the minimum fine for any violation by such persons shall be $500 for each offense. In addition, the Code Enforcement officer shall may suspend or revoke the certificate of occupancy for any establishment offering nude emerminmem in violation of this article, or in violation of conditions contained in the certificate of occupancy. Suspension or revocation of certificate of occupancy shall be subject to administrative appeal as provided in Chapter III Land Development, § 165-I1. H. Any violation of this article by a person other Nen the owner, lessee, licensee, permittee or operator of a premises shall be punished by a fine of not less than $500 for the first offense, and not less than $1,000 for the second and subsequent offenses. §228-17. Existing establishments. A. Within 30 days after the effective date of this article, 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 § 228-14 above. In considering those applications, the requirements of § 228-14D, E -and 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 § 228-14Dr€ or G shall be donned to expire on er ne l 2001 and shall comply renewed Nequirem ntsunless of the applicant and the premises concerned shall at that time comply with all requirements of this article. •. �..i .fflgli ' � ,A rA...9i'ii'AiiiiWYYiYW . .. ."'.'P' .' Y ! It do WNt1iLLliilY'iYii C. Except as provided in Subsection A above, all provisions of this article shall apply to commercial establishments offering nude entertainment in existence on the effective date of this article. §22848. Theatricalproductions. The application and location restrictions of § 228-14A throughgabove 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 oftheatrical performances; provided also that the provisions of §§ 228-14F through I, 228-15C through H and 228-16 ofthis article shall apply to nude theatrical performances under this section. STATEMENT OFFACTS: New text is bold underlined and deletedtext is bold shock on.