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Home My WebLink About2004-02-09 04-77 ORDERItem No. 06-77 Date: 02-0944 mm/Subjece Amending Chapter 61, Alcohol & Entertainment, Article II, Special Amusement Permits, § 61-17C, Live Entertainment Regulated; Chapter 228, Article 1V, Regulating Commercial Displays of Nudity, § 228-14D, Location and Standards, § 228-15, Conduct, and § 228-17, Existing Establishments. Responsible Department: Legal The purpose of these related amendments is to modify the regulations governing nude entertainment to allow Me sale of alcohol in businesses offering nude entertainment under a Class A liquor license, to require such a business to make available to Me police Me documentation of its employees (rather than requiring such documents be submitted to the police), to raise the minimum age of all patrons from 18 M 21, to eliminate Me hours of operation restrictions with Me provision that no alcohol may be mid or consumed after 1:00 am, and to eliminate unnecessary language regarding existing establishments. D en ad Managees Colmments: KAOIU44WKJ a bY2...-rsfe.wQ. 4ij Agemorb 1)2k5/bN M 12 A77NCt P. � Can^na-`� T Ne�� 16 �vu+b�i+di1uo+�n�V''u'i*�t tptl,,.ue urr-f" np,U.GO.rupvroQe„psn. %hr r-`* +� City Manager Associated Information: u I• r*�uviP.6e�-oeB S•••x•• D:.z4;444 Vail h y t'3oen46!J0a•rfl 3,'Ihr vnMtyp�a� nn..f.Qaycc,to.evAa fro-.... aaa.rR..�Qe _ Butlget Approval:-�--�IT— TEFrs oeurlugrvre s[fou�D He RmEaDe0 dY suBs7r7undn� Finance Director Introduced for Passage X FirstReading Page Of • Referral M Transportation and Infrastructure i rebevory Ili 3oay SUBSTITUTE COP4 04-77 G .. AMENDED VERSION TWO p REQUESTED BY PLATINU14 PLUS CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 61, Alcohol 8s Entertainment, Article 11, Special Amusement Permits, § 61-17C, Live Entertainment Regulated; Chapter 228, Article IV, Regulating Commercial Displays of Nudity, § 228-14D, Location and Standards, § 228-15, Conduct, and § 228-17, tKusting Establishments. Be it on/ancd by fie Cly offtga, Met ble Cbde ofBre Cky ofaww, Criapter 61,§61- 17C, and X 118, §118-14D, §118-15, and §118-17 are hereby amenOMas MOM:. § 61-17. Permit required; admission charges; live mterminmmt. No licensee for the ale of liquor to be consumad m his or her licensed premises shut[ permit m such licensed premiers located in the City of Bangor any music, except a radio or mechanical device, my dancing ar antatunmmt of any sort unless bre Homes shill be" that obtained a special amusement pamk approved by the City Council. A.B. unchanged C Live entertainment regulated. (1) No liceosse shah permit Wertinmem on the licansd premises, whether provided by pre ssional mtenaner(s), m,p eyces of the licensed premises or any person, when the entertainment involves: (a) The performance of acts or simulated acts of sexual imemourse, mssturbation, sodomy, bestiality, mal copulation, fbgellmion ormy seasonal acts which are prohibited bylaw. (b) The actual or simulatd touching caressing or fondling on the breasts, buttocks, anus or genitals. (c) The actual or simulated displaying of the genitals, pubic haigbvvwelw, Ws or any forms Stilts fiamwe lamas a or In" w a , , rest, , r" 4, F., (d) The Warning by my licence of any Wide m remain in or upon Use licensed premises who exposes M my public view my portion of his or her Wish or mus. (2) For Me purposes of this subsection, the tons 'displaying' or 'expose- dull tannin unclothed or mmvumd and act cuWM by fully opaque material. rial. §nl&14. Cardinals of constancy required. MSTI= curs 04-77 A NDED VERSION WO REQUESTED BY PLATINUM PLUS No person operating a commercial establishment in the City of Bangor shall present or allow presentation of my form of nude entertainment on flue premises of the establishment concerned withmrt first obtaining aceNficete a occupancy for that purpose from the drys Code Enhancement Once. The application promml and origna for issuance of a certificate of owmpamy, shall be a provided in Chapter 165, land Development. S 165-10C; Provided, however, Nat the following additional nqubemen6 shall apply to commercial establishments offering node enteromment A. -C. unchanged D. Location and stmdands. (1) No certificate of occupancy shall be granted for a wmmerclal establishment offering nude entertainment, unless the premises concerned era located in a commercial tuning district and Me premises concerned meet all district provisions and development standards contained in Chapter 165, Land Development plus the following additional requirements: (a) No certificate of oampmcy shall be present for a commercial establishment offering nude entertainment if the premises coeeme i ere located within 500 feet of my other such establishment for which a cetificere of occupecy, previously deemed, remains in force; my establishment Reemsed he and slashed lig on lavanalses or off prendis e emmption mdse Mchurch, chapel, parish house or athe place of worship; or a Public library, juvenile shelter or orphanage in existence as of the application dee, as measured from the main entrance of the premises m the main entrance of a building by she oudi y course oftravel. (b) Tlw premises comment mug me be located within 500 feet of the nearest district boundary of my residential inning district established under the previsions of Chapter 165, Land Development of the City of Bangor, as comment in a straight line learn the premises to Na boundary, of thc zoning district. (c) "a premises comment mug not be located within 5M feet of the names[ properly line ofany public or private school, school dormitory, or actual ground, public playground or City of Bmrgor public park, as measured in a straight line Son the premises (a the property line. (2) For Bre purposes of this Subsection D, Na term "commercial coning district" consists of the hallowing inning dimicts, at definW in Chaidw 165, Articles X111 and XIV: Neighborhood Service Idabel Urban Service Narita, nets Shopping and Personal Service District, Cement Commeciel end Service District and, subject to conditional um approval, Urban Indra) vial Liberian. E: 1. unchanged §228-1 S. Condnet. A. [unchanged) B. No person under the age of Eiymss shall 6e admitted to my commercial establishment offering nude mtertainmeaq as a customer or patron. The operator of each each establishment shall be responsible for verifying do age of "oh person entering the premises, through photographic identifiutim. shg.4TITOTE coax 04-77 AMENDED VERSION TWO REQUESTED BY PLATINUM PLUS C. Neblishmwlicbevengashdlm�besoldryervNer-aNr®awny onus premitts meat gcommmcin Abolishmentoffering nude beloseinment Barnacled &a ppenmrhoes conbhltion. OthalosaClan fmy liquor li . Openrors of any such establishment shell wt allow customers or phony to bring or consume LEgir_elmholic beverages on the prem isA. D:G. unchanged H. N nvslc cwhalaimment shall he presented aft r4he,__ _ _ _ _ n:bu-uRnrhkt de ega. The otem'ses used by a nude entertainment bui Aran shell be atoned and vauted by members of the eenetal public each day from 1:00 a.m, b 6:00 a.m. 422 -1 7. rrtAeryeat. 04-77 k. Amended by Substitution CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 61, Alcohol is Entertainment, Article 11, Special Amusement permits, § 61-17C, Live Entertainment Regulated; Chapter 228, Article N, Regulating Commercial Displays of Nudity, § 228-14D, Location and Standards, § 228-15, Conduct, and § 228-17, Existing Establishments. Be Bad~ bythe clyofRww,, dist me Code of me OW ofavw,, phte61,,§61- IIC, and ChdpMf 228,§228-14D, f228-15, zed§118-17a MYeby andaWedW MOW: § 61-17. Permit required; admission chargee; live emmrimmmt. No liunses for dw vele of liquor to he consumed on his or her licrosd prand as shell permit on such licensed premises loumd in Ne City of finger any music, except a radio or mechenmet device, any dancing or munumment of any son unless the licemee shill hero first obtained a special amusement permit a sovd by the CityCouncil. A. -B. unsmigd C. Liroemenainmutregulmd. (1) No licenses shell pnmit munuinmem on the licensed premises, whether providd by professional enmrtainet(a), employees of the licensed premises or any seems, when the mumeinmut involves: (a) The performance of acts u simulated aces of sexual intercourse, masturbation, sodomy, beestielity, oral copulation, Flagellation or any sexual ecu which we prohibited by law. (b) The sower[ or simulated touching cmessing or fondling on the brash, buttock; anus or „genitals. (c) The must or simulated displaying of the genitals, pubic hairsMNeekq_mus oeary portion of As howle Weems M or b� (d) no permining by any license of any pvson to remain in or upon Ne licensed premises who expose m my public view any gonion of his or her gamuts or anus. (2) For the putpues of this subvadim, the term "displaying" or "expose" shall mean unclothed or summoned and not covered bye fully opaque nuterW. § 228-14. Certificate ofmcuponcy remind. 04-77 Amended by Substitution No person operating a commercial establishment in the City of Bangor shall present mallow presentation Of My f into of nude entertainment "the premises oftheestablishment aorcurned whitest firstobtaining a certificate of occupancy for Int purpose four Me city's Cade Enforcement Offices The application procedure and criteria for issuance of a cemfiwe of occupancy atoll be as provided in Chapter 165, Land Development § 16S.) OC; provided, however, Mut Me following additignl mqukenremx shall apply an communes diablishmenrs offering nude mterumment A.C. unchanged D. location and standards. (1) No certificate of occupancy shall be granted for a commercial establishment offering nude entertainment unless the premises concerned are located in a commercial inning district and Me premises concerned meet all dish'id provisions and development standards contained in Chapter 165, Land Development plus me following additional requirements: (a) No certificate of Occupancy shall he granted for a commercial establishment oRering nude entertainment if Me premises concerned care located within 500 feet of any other such establishment for which a cutifloste of occupancy, previously issued, remains in force; any -------- under NEALSA 38 A § 601 at seque' church, chapel, parish house or other place of worship; or a public library,juvenile shelter or orphanage in esivamou as of Mw application dere, as measured Mom Me main "Ounce of Me premises to Me main / entrance of a building by Ie odiwy course of travel. (b) The premim concerned must set ha located within 500 fed of the newest district boundary of any residential coning district established under the provisions of Chapter 165, Lend Develupm sd, of Me City of Bangor, es measured in a straight lice from the premise in Ma boundary of Me zoning district. (c) The premises concerned must nd be located within 500 kat of Me added property line of any pub]io or private school school dormitory, or school ground, public playground or City of ]NOW public park, as measured in a straight line Mdn the premises to Me property law. (2) For Me puryosas of this Subsceti" D, Ue term `commercial coning distrid` consists of Me Following tuning districts, as defined in Chapter 165, Articles XIII and XIV: Nelg6keaheed BervfeeBBtrWkml m Service Distric4AiepaN Bevelapment Biatriek Shopping and Personal Service District target Commercial and Service District and, subject to cons itimml use appova4 Urban Industrial District. E.I. unchanged §22&15. Custom A. (unchanged] B. No person under Me no ofU ILtsats shall be admitted to any commercial establishment offering nude "tertamment an a customer or patron. The operator of each such establishment shall be responsible for verifying Me age ofea h person entering Me promises, Mmugh photographic identification. 04-77 Amended by Substitution C N Icuholic beveragmsW maybe mld,servedargive on the premises ofaey&commercial esmblishment offering nude enumimment Provided the ovemtor of such mbablishment heMs a Class . Ope:mom of any such establishment shall not allow cumomets or patrons to bring or consume their own alcoholic beverages on the premiss. D.G. unchmged H. Nauude-eaHnNameetyhNl- and 6:W am. Mmday&4hmugA-SaW . The Premises used by s nude entertainment business shall he Closed and vacated by members of the aeneral Public each day from 1:30 a.m. to 6:00 am. §228-1y, Rose geNablisbmenta lAarrved\ A MI am 30 days after Ae effinetive date of One ardele, 01 an ei J InGiehmeamwffeNng-nude teen And -"Ply -A a-ecw ^6yhox-aPPNUNem. Me YI provided, hewe , hat an 's -see Pial alherovise a m 'd law, h... d,n*ed under § US 14D or G shall be deemed no expim an x 1, 2001, m ds 'at up ea,d thereafter, "!am he APPROust Rod sbNFel-fhaHime G-- Y-mmmmal 04-77 %t•�-s Assigned to comeilnr n•eatm Febxuan g. 2004 CITY OF BANGOR (TrrLE.) Ordinance, Amending Chapter 61, All & Entertainment, Article n, Spedal Amusement Permits, § 61-17C, Live Entertainment Regulated; Chapter 228, Article IV, Regulating Commemial Displays of Nudity, § 228-14D, Location and Standards, § 228-15, Conduct, and § 228-17, Existing Establishments. Be At mda/roed by the Cilyof&WW,, 6W Me Code of the pry ofAwW,, OWW 611 §61- 177, and Chapter 228, §218-144 §228-1£ mM§228-17 are hereby amertdniashllaws: § 61-17, permit required; admission chumps; live enw tninmmt. No licensce for the We of liquor to be cowvmed on his or her licensed premien shall permit on such IicensW premises laterad in the Cay of Bangor any music, except a radio or mechanical device, any dancing or entertainment of any sort unless the licenses shall have first obtained a spatial amusmmt pemut approved by the Cid Council. A:9, usehmged C. Live entertainment regulated. (1) No licensee shall permit containment on the licensed practises, whether provided by professional entarmina(s), employees of she licensed premises or any person, when the entertainment involves: (a) The performance of seta or simutamd acts of sexual intercourse, mamuobmbn, sodomy, baasdalily, oml copulation, flWl4tim or any sexual acts which ere prohibited by law. (b) The actual or simulated creating, containing or fondling on the breasts, buttocks, mus or genitals. (c) The actual or aluminum displaying of Am gentians, pubichairs2uttmla`r was or -dry portion of use pounds bursoms M of la-area-tbereaf. (d) The pmnitdng by my licensee ofany person to remain in or upon the licensed premises who exposes to my public view my portico of his or her genitals or more. (2) For the purposes of this substation, the coon "displaying" or "expose" shall man unclothed or uncosmmed and not covered by a fully opaque material. § 228-14. Cntificate of occupancy required. 04-)) Noperson operating a commercial establishment in the City of Bangor shall grams or allow prow On of my form of nude entertainment on the premises of the egAlishment command without firrtobtaining acertif to of mengem, for don purpose fian the citys Code Bnforeanmt fyfacer, . The application procedure and arteria for faccomom of a ceroficate of oaupmmy dull be as provided in Chapter 165, land Development 5 165.10C; provided, however, that the following additional requirements shall apply to commercial establishments oR«ing nude arcertainmmt: A. -C. unchanged D. Location and Mandasds. (1) No certificate of occupancy shall be germed for a commercial establishment offering nude entertainment unless the premises concerned are Ionated in a commercial setting district and the premises concerned meet all district provisions and development standards contained in Chapter 165, Land Development plus the fallowing additional requirements: (a) No wtifimte of occupancy shall be granted for a commercial establishment of ging nude mtertainmmt if the promises concerned are located within 500 fat of my other such enablishment for which a certificate of occupancy, previously issued, remains in One; my church, chapel, parish house or other pine of worship; or a public library, juvenile shelter or orphanage in existence as of the ayplicafon date, as mmsured from the main marom=of We premiss m the mein entrance of a building by the omitury course of travel. (b) The premises concerned mug not he locdd within 500 fat of the marcst district boundary of any side dial zoning district aublishd under she provisions of Chapter 165, Land Davelopmmt of the City of Burger, as measured in a straight line from the languages to the boundary of the annual; district. (c) The premiss concemd mud not be located within 500 feet of the nearest property line of my public or private school, school dormitory, or school ground, public playground or City of Bangor public park, no mmsurd In a rneight fine from the premises to the property line. (3) For the purposes of Nis Summation D, the boom "commercial inning district" consists of the following tatting districts, as defnd in Chapter 165, Articles X111 and XIV: Neighborhod Service District, Ukm Service District, Airport Development District, Shopping and Personal Service District, General Commecid and Savior District and, subjM M condkional use approved, Urban Industrial District, EA. unchanged 5 n8bl5. Cordae. A. No person under 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 respauible 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 pari rmers. (1) Birch employer shall maintain moords showing the name and data of birth for each employee, imluding acopyoftlw photographic identification used to verify age. Badarto Within 73 bours pf any amployeeS beginning employment dre operator shall bNng ID@kLdec recoMs available to the Bangor Police Department to verify the age of the prospective employee. These rerords must be membered by the employer until six months after the employee center to work kr the employer. These records are also subject to review by Me Bangor police on fee business premises during normal alternating hours. (3) unchanged B. No tenon under d:c age ofi8?1jeems AMI be admired to my onmmemial establishment offeing nude ants minmenr as a customer or pawn. The operator of each such establishment shell be responsible for verifying the age of each person entering the premises, through photographic identification. C. NoaAlcoholic beverages slang Abe sold, sened� on the premises of any eoommercisl establishment offering nude entertainment orov'ded the ammotor of sueb establishment holds a Clan �vrmo linvffilation, Operators of any such establishment shall not allow customers or famous to bring or consume their own alcoholic beverages on the premises. D. -G. unchanged H. le ade anteww;nmmtshellbeelevednndsMred of aorta -is and MFEMS beoawo�. Rd 6,agar.an .h londays IMF engbs.tnranp.mF9:o9..m.sandays. Nn,imnnlie newr.en an.n tae consumed or served atter t:bt a.m. gzz&u. hYcisti^g'esmbgahmenN rxnsnrvedl. A Isiah! % 30 days �ngwad " 'M flumnat OM n' eerrolhorte of seen. ubov�� mr nary granted AD mar esisti g Meet! A would-0nveAeeadeniedrnder¢ Ed&Id It+edehen �LNI-etybnl Iin,e MallaMo{:emen out. fl., rPliefflul ad camply %itruHnisaHkle, C. Easels! an prov ded m Id shortens ulgering rude en wos roost R 1.1 reontbeefreeBVNwHaflMsattieie IN CITY CDUNCIL February S, 2004 Stave' Leavitt, Bandar BesUent 'aaaressea the Council, opposing this ordinance change. First Beading Referred to Tramportatima 6 Infrastructure Cottee INCrrrCOUNCIL February TS, 20" Cwo[co raid" question of conflict for himself. Council Farrington raised questIm Of ice far himself. council voted an conflict. Motive Mede andSeconded fol Passage ycfw Bean and Secwaea to Amendby Nation (f2) Vote: Ryes. 4 Vote: 5 yes. 4 no Councilors reefed yea: Gsbaell, Councilor Greene. Bleym 6 1Yeable Farrington rating no: All m. Farrington, apptwicklicant. and Palmer ole r managers f the ovn and steer suppers of the CAmmudmen Locke supporting this a" bur Local residents, . clergy and business opposed the Ordass As Am change Vote rw Mucins to Pass As Amended by Vote: 5 yes, 4 me Vote: 5 yes. 4 m Councilors retie. yes: Cashverem Councilor Greene. Malley L . Farrington CouGrancilors a voting m. Allen. Paxrivg[w Passed A and Falser Motion An a added by Seconded fail (@) Motion Mase dna to Recon to Cali a speNation MeeDoubted to Reconsider Motive Coubtea voce:6 m, 4 yes Carrington voting Neall m: d Trash U'8rrico Farrington, Bealley and Tremble # O4-77 ORDINANCE (MLEJAmading Chapter 61. Alcohol's Daeertafnment, article 11, Upeciai Amusement Permtca. 461-17C. Live Bhtertafment Regulated: Obapter 228, As brele 19 - al Display of Nudity. 4 228-14D. location and Standards. 6228-15. Conduct. sod 4 228-17. " Existing establishments Assigned to Councilor Councilors voting yes: Allen. Gracofck. Grams and Palmer Motion to fall Special Meeting Failed Passage �," dUAAU DEPDTF CITY IN CITY COUNCIL February 26, 2004 Motion Made and Seconded. to Reconsider Crdinance 04-77 Passed Motion Made had Secondee for Passage Local residents, clergy add business owner opposed the Ordinance Change Charles Bickel reisdmt�f Meador thudded the Council for Reconsidering and calif" a Special Meeting Vote an Motion Vote: 7 n Councilors voting no: Allen, Cashvell. Farrington, Gucai<k. graded, Pulses dna Trouble Failed Passage UBQUIR CITY INNS 1