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REGULATIONS PERTAINING TO HOLDERS OF SPECIAL AMUSEMENT PERMITS AND FSE-CLASS E LICENSES 1 Updated 11/13/2001 I. STATEMENT OF FINDINGS AND PURPOSE The City finds that: A. Nude and nearly-nude dancing in establishments licensed to allow the consumption of liquor on the premises is injurious to the citizens of the City of Lewiston. B. It is necessary to prevent the commercial exploitation of nudity and near-nudity in order to prevent the creation of a tawdry atmosphere that adversely affects the quality of life within the City, to prevent blight and the deterioration of the City's neighborhoods, to prevent the occurrence of harmful secondary effects such as the incidence of crime, disorderly conduct and juvenile delinquency associated with adult entertainment such as nude and nearly-nude dancing and to advance the public health, safety, welfare and morals. C. The City seeks to achieve these objectives by prohibiting from establishments licensed to allow the consumption of liquor on the premises, dancing which involves nudity or near-nudity. D. The Twenty-First Amendment to the United States Constitution authorizes the states to regulate the sale and consumption of liquor. E. The Legislature of the State of Maine has provided for the adoption of special amusement license ordinances pursuant to 28-A M.R.S.A., Sec. 1054, which includes the authority to adopt an ordinance and/or establish written regulations providing for limitations upon music, dancing or entertainment activities to protect the public health, safety and welfare. F. The City has adopted a Special Amusement Permit Ordinance in Section 17-131 et seq. of the Revised Code of Ordinances. G. The City has adopted an ordinance regulating the conduct of FSE Class E food service establishments, requiring the licensure thereof, and providing for the enactment of regulations governing said establishments in Section 17-1, etc. of the Revised Code of Ordinances. H. The enactment of these regulations governing the conduct and operation of premises holding special amusement permits and FSE Class E licenses will further protect, enhance and promote the public health, safety and welfare of the citizens of Lewiston. II. APPLICABILITY These regulations shall apply to all persons and premises holding a special amusement permit or FSE Class E license issued by the City. ---PAGE BREAK--- REGULATIONS PERTAINING TO HOLDERS OF SPECIAL AMUSEMENT PERMITS AND FSE-CLASS E LICENSES 2 Updated 11/13/2001 III. COMPLIANCE DEADLINE FOR EXISTING PERMIT HOLDERS All persons holding, on October 6, 1992, a special amusement permit issued by the City, and all persons holding on October 20, 1992 an FSE Class E license issued by the City shall comply with the provisions of Section V of these regulations within sixty (60) days of the date of enactment thereof. IV. DEFINITIONS A. Dancer: For the purpose of these Regulations, "dancer" means a person, other than a patron, under the licensee's control and dancing on the licensee's premises to entertain patrons. B. Entertainment: For the purpose of these 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. C. Exotic Dancing: For the purpose of these Regulations, "exotic dancing" means the appearance of a person or persons, under the licensee's control, other than a patron, and on the licensee's premises, in such a manner or attire as to expose to view any portion of the pubic area, anus, buttocks, vulva or genitals or any simulation thereof, or when any female appears on a licensee's premises in such a manner or attire as to expose to view any portion of the breast referred to as the areola, nipple or simulation thereof. "Expose to view" shall be interpreted to include, without limitation, clear, see-through or otherwise non-opaque clothing. D. Licensee: For the purpose of these Regulations, "licensee" hall include any person, individual, partnership, firm, association, corporation, or other legal entity to whom a license of any kind is issued by the Maine State Liquor Commission or to whom an FSE Class E license is issued by the City of Lewiston. E. Premises: For the purpose of these Regulations, "premises" means all parts of the contiguous real estate occupied by a licensee over which the licensee has direct or indirect control or interest, which the licensee uses in the operation of the licensed business and which have been approved by the Maine State Liquor Commission and/or the City of Lewiston as proper places for the exercise of the license privilege. ---PAGE BREAK--- REGULATIONS PERTAINING TO HOLDERS OF SPECIAL AMUSEMENT PERMITS AND FSE-CLASS E LICENSES 3 Updated 11/13/2001 V. STANDARDS A. Exotic Dancing Prohibited. 1. No special amusement permit or FSE Class E license shall be issued to conduct the activity of exotic dancing on the applicant's premises. 2. It shall be unlawful and a violation of these Regulations for a licensee holding a special amusement permit or FSE Class E license to permit exotic dancing on the premises. B. Standards for Permitted Dancing. The following standards apply to any and all entertainment conducted on an FSE Class E licensed premise or for which a special amusement permit is sought or issued where such entertainment includes a "dancer" or "dancers" as defined in these regulations. 1. No dancer shall dance in the premises except on a raised platform intended for that purpose which is raised at least two feet from the floor. 2. No dancer shall dance closer than ten (10) feet to any patron. 3. There shall be no fondling, mingling or caressing on the premises between any patron and any dancer with the intent to sexually arouse or excite a patron or for the purpose of sexual gratification. 4. No patron shall directly pay or give any gratuity to any dancer and no dancer shall solicit any pay or gratuity from any patron. 5. The licensee shall provide on the premises a separate dressing room and toilet facilities for use by dancers only. 6. Dancers on the premises who remove any outer garments shall not toss or throw those outer garments at or in the direction of patrons. 7. The licensee shall, at his own expense, post a licensed security guard or an individual authorized to act as a law enforcement officer (whether full-time or part-time and whether on-duty or off-duty) at each entrance and exit to the premises during each performance by dancers on the premises and for one hour after each such performance. 8. No one under twenty-one (21) years of age shall be permitted on the premises or portion of the premises where a performance by dancers is conducted during any such performance. 9. Any premises upon which entertainment including a dancer or dancers is proposed to be conducted shall be located at least five hundred (500) feet from any church; school; park; or other facility holding a special amusement permit or FSE Class E license and which provides "dancers" as defined in these regulations. ---PAGE BREAK--- REGULATIONS PERTAINING TO HOLDERS OF SPECIAL AMUSEMENT PERMITS AND FSE-CLASS E LICENSES 4 Updated 11/13/2001 VI. VIOLATIONS A violation of any provision of these regulations shall constitute a violation of Section 17-11 of the Revised Code of Ordinances and is subject to the penalties provided for in Sections 17-25 and 1-8 of the Revised Code of Ordinances. VII. SEVERABILITY If any provision of these regulations is held invalid by a court of competent jurisdiction, such ruling shall not affect the remaining provision which shall remain in full force and effect. VIII. EFFECTIVE DATE These regulations shall be effective on their date of enactment by the City Council.