Special Amusement Permit
TOWN OF KENNEBUNKPORT RULES AND REGULATIONS
SPECIAL AMUSEMENT PERMIT FOR DANCING AND ENTERTAINMENT
ARTICLE I
Section 103 - DEFINITIONS
103-1 Entertainment: For the purposes of these Rules and Regulations, “entertainment” shall include any amusement, performance, exhibition or diversion for patrons or customers of the licensed premises whether provided by professional entertainers or by full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value.
103-2 Licensee: For purposes of this section, “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, or any agent or employee of any such licensee or acting on behalf of any such licensee or left in charge of or in control of such licensees premises.
ARTICLE II - GENERAL
Section 201 - PERMIT REQUIRED
No licensee for the sale of liquor to be consumed on his licensed premises shall permit, on his licensed premises, any music except radio or other mechanical device, any dancing or entertainment of any sort unless the licensee shall have first obtained from the Town of Kennebunkport a special amusement permit signed by a majority of the Board of Selectmen.
Applications for all special amusement permits shall be made in writing to the Board of Selectmen and shall state the name of the applicant, his residence address, the name of the business to be conducted, his business address, the nature of his business, the location to be used, all places of residence of the applicant during the past five years, whether the applicant has ever has a license to conduct the business therein described either denied or revoked and, if so, the applicant shall describe those circumstances specifically, whether the applicant, including all partners or corporate officers, has ever been convicted of a felony and, if so, the applicant shall describe specifically those circumstances, and any additional information as may be needed by the Board of Selectmen in issuing of the permit, including but not limited to a copy of the applicants current liquor license.
No permit shall be issued for anything, or act, or premises, if the premises and building to be used for the purposes do not fully comply with all ordinances, articles, by-laws, or rules and regulations of the Town of Kennebunkport.
The fee for a special amusement permit shall be $20.00.
The Board of Selectmen shall, prior to granting a permit and after reasonable notice to the Town of Kennebunkport and the applicant, hold a public hearing at which testimony of the applicant and that of any interested members of the public shall be taken.
The Board of Selectmen shall grant a permit unless they find that issuance of the permit will be detrimental to the public health, safety or welfare or would violate municipal ordinances or rules and regulations, articles or by-laws.
A permit shall be valid only for the license year of the applicants existing liquor license.
Section 202 - CONDUCT CONSTITUTING OFFENSES BY LICENSEES
202-1 Tumultuous Conduct: The licensee shall not knowingly allow on any licensed premises any person or persons to disturb, tend to disturb or aid in disturbing the peace of others of ordinary sensibilities or to be disorderly by violent, tumultuous, offensive or obstreperous conduct; or to permit or gather a crowd or audience or patrons to witness any entertainment, amusement or show as to create a dangerous condition because of fire or other risks in derogation of the public health, comfort, convenience, safety or welfare.
202-2 Riots: The licensee shall not allow on any licensed premises any public entertainment or amusement or show of any kind which tends to or is calculated to cause or promote any riot or disturbance.
202-3 Unnecessary Noise: The licensee shall not allow on any licensed premises the making, creation or maintenance of excessive or unnecessary or unnatural or unusually loud noises which disturbs, annoys, injures or prejudices or endangers the comfort, repose, health, peace or safety of individuals of ordinary sensibilities or the public in general, or the property rights of others and which noises affect and are a detriment to public health, comfort, convenience, safety, welfare or the prosperity of the residents of Kennebunkport.
202-4 Nuisances: The licensee shall not allow any licensed premises to be conducted or operated as to amount to a nuisance in fact under any ordinances, or any sections of any ordinances, articles, by-laws or rules and regulations of Kennebunkport, or under any statutes of the State of Maine.
Section 203 - INSPECTIONS
Whenever inspections of the premises used for or in connection with the operation of a licensed business which has obtained a special amusement permit are provided for or required by ordinance or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer, official or employee of the Town of Kennebunkport who is authorized or directed by the Board of Selectmen to make such inspection at any reasonable time that admission is requested.
In addition to any other penalty which may be provided, the Board of Selectmen may revoke the license and/or the special amusement permit of any licensee in the Town of Kennebunkport who refuses to permit any such officer, official or employee who is authorized to make such inspection, or who interferes with such officer, official or employee while in the performance of his duty in making such inspection.
Section 204 - SUSPENSION OR REVOCATION OF A PERMIT
The Board of Selectmen may, after a public hearing preceded by notice to interested parties, deny, suspend or revoke any special amusement permits which have been issued or are to be issued under these Rule and Regulations on the grounds that the music, dancing, or entertainment so permitted constitutes a detriment to the public health, safety or welfare or violates any Town of Kennebunkport ordinances, or sections of any ordinances, articles, by-laws or rules and regulations.
Section 205 - SAFETY REQUIREMENTS
205-1.1 Application
205-1.1.1 The requirements of this section apply to both new and existing places of assembly.
Exception No. 1: Where otherwise stated.
Exception No. 2: An existing building housing an assembly occupancy established prior to the effective date of these Rules and Regulations may have its use continued if it conforms or is made to conform to the provisions of these Rules and Regulations to the extent that, in the opinion of the Board of Selectmen, reasonable life safety against the hazards of fire, explosions and panic is provided and maintained.
205-1.2 Occupant Load
205-1.2.1 The occupant load permitted in any assembly building, structure or portion thereof shall be determined by dividing the net floor area or space assigned to that use by the square feet per occupant as follows: 15 square ft. per person.
205-1.2.2 The occupant load permitted in a building or portion thereof may be increased above that specified in 205-1.2 if the necessary aisles and exits are provided subject to the approval of the Board of Selectmen. An approved aisle, exit and/or seating diagram may be required to substantiate an increase in occupant load.
Section 205-2 - MEANS OF EGRESS REQUIREMENTS
205-2.1 General
205-2.2 Types of Exits
205-2.2.1 Exits of the specified number and width shall be of one or more of the following types:
- Doors of the swinging type leading directly outside or to a lobby or passageway leading to the outside of the building.
- Horizontal exits.
- Interior stairs.
- Outside stairs. Same requirement as for interior stairs, including intermediate handrails on monumental stairs serving main entrance doors.
- Exit passageways.
205-2.3 Means of Egress
205-2.3.1 Each establishment shall have at least two means of egress, consisting of separate exits or doors leading to a corridor or other spaces giving access to two separate and independent exits in different directions.
205-2.3.2 Exits shall be remote from each other and shall be arranged to minimize the possibility that they may be blocked by any emergency.
205-2.3.3 Panic Hardware. All exit doors must be provided with panic hardware.
205-2.3.4 Illumination of means of egress shall be provided in accordance with NFPA 101.
205-2.3.5 Emergency Lighting. All places of assembly and their means of egress shall be provided with emergency lighting in accordance with NFPA 101.
205-2.3.6 Marking of Means of Egress: Means of egress shall have signs in accordance with NFPA 101.
Section 206 - OPERATING FEATURES GENERAL
206-1 Equipment Maintenance
206-1.1 All exit lighting, emergency lighting and panic hardware shall be continuously in proper operation condition.
206-1.2 Any equipment requiring test or periodic operation to assure its maintenance shall be tested or operated as directed by the authority having jurisdiction.
206-1.3 Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and have general charge of all alterations and additions.
206-2 Furnishings, Decorations
206-2.1 Furnishings or decorations of an explosive or highly flammable character shall not be used.
Section 207 - PERMIT AND APPEAL PROCEDURES
Any licensee requesting a special amusement permit from the Board of Selectmen shall be notified in writing of their decision no later than fifteen (15) days from the date his request was received. In event that a licensee is denied a permit, the licensee shall be provided with the reasons for the denial in writing. The licensee may not reapply for a permit within 30 days after an application for a permit which has been denied.
Any licensee who has requested a permit and has been denied, or whose permit has been revoked or suspended, may, within 30 days of the denial, suspension or revocation, appeal the decision to the Town of Kennebunkport Board of Appeals. The Board of Appeals may grant or reinstate the permit if it finds that the permitted activities would not constitute a detriment to the public health, safety or welfare, or that the denial, revocation or suspension was not based by a preponderance of the evidence on a violation of or an infraction of any ordinance, article, by-law or rule or regulation of the Town of Kennebunkport.
ARTICLE III
PENALTY, SEPARABILITY & EFFECTIVE DATE
Section 301 - PENALTY
Whoever violates any of the provisions of these Rules and Regulations shall be punished by a fine of not more than One Hundred Dollars ($100.00) for the first offense, and up to Five Hundred Dollars ($500.00) for subsequent offenses, to be recovered, on complaint, to the use of the Town of Kennebunkport.
Section 302 - REVOCATION
In addition to the penalties of Section 301, the Board of Selectmen may suspend or revoke the permits pursuant to Section 204.
Section 303 - SEPARABILITY
The invalidity of any provisions of these Rules and Regulations shall not invalidate any other part.
Section 304 - EFFECTIVE DATE
The effective date of these Rules and Regulations shall be February 22, 1979.