Winslow City Zoning Code
ARTICLE VIII
Commercial Displays of Nudity
§ 300-89 Regulating commercial displays of nudity.
[Amended 6-14-2010 by Ord. No. 2-2010]
Findings:
The displays of nudity offered by such establishments and regulated by this article are a purely commercial activity, unrelated to free expression and the exchange of ideas.
Unlimited commercial exploitation of nudity can induce individuals to engage in prostitution, sexual assaults, breaches of the peace and other criminal activity.
Displays of nudity in commercial establishments tend to create a tawdry atmosphere which would adversely affect the quality of life of Winslow's residents.
Persons under the age of 18, by reason of their age and inexperience, are especially susceptible to prostitution and other criminal activity if employed by or allowed entrance as patrons of commercial establishments offering displays of nudity.
Purpose. In view of the foregoing legislative findings, for the purpose of protecting the public health, safety and morals, the Town Council of the Town of Winslow hereby adopts the following regulations of commercial nudity within the Town of Winslow.
Definitions.
The showing of the human male or female genitals, pubic area or the female breast below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
Flagellation or torture by or upon a person clad in undergarments or a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
Acts of sodomy, masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or female breast.
Certificate of occupancy required. No person operating a commercial establishment in the Town of Winslow shall allow displays of nudity on the premises of the establishment concerned without first obtaining a certificate of occupancy for that purpose from the Town's Code Enforcement Officer and Fire Chief. The application procedure and criteria for issuance of a certificate of occupancy shall be as provided in Chapter 300, Zoning; provided, however, that the following additional requirements shall apply to commercial establishments offering displays of nudity.
The application for a certificate of occupancy under § 300-25 shall state that the proposed use includes displays of nudity. The application shall describe the displays of nudity to be offered, including the intended frequency and times, and shall indicate the area of the premises where the displays of nudity shall take place.
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.
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. The Code Enforcement Officer shall deny the application if the applicant, any principal of the business concerned or any holder of a five-percent or greater financial interest in the business concerned has a record of conviction of prostitution, promoting prostitution or of a Class A, B, or C felony under Maine law, or equivalent offenses in other jurisdictions, during the ten-year period ending prior to the application date.
Location and standards.
No certificate of occupancy shall be granted for a commercial establishment offering displays of nudity, unless the premises concerned are located on the west side of Route 201 (Augusta Rd) from Lot 137 to Lot 22 on Map 1 of the Assessor's Tax Maps dated April 1, 2017, and the premises concerned meet all district provisions and development standards contained in Chapter 300, Zoning, plus the following additional requirements:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The premises concerned must not be located within 500 feet of any other such establishment for which a certificate of occupancy, previously issued, remains in force; any establishment licensed to sell alcohol for on-premises or off-premises consumption under 28-A M.R.S.A. § 601 et seq.; a church, chapel, parish house or other place of worship; or a public library, juvenile shelter, orphanage, public or private school grounds, licensed daycare, public playground or public park. The 500 feet measurement is straight line from the nearest property lines.
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 300, Zoning, of the Town of Winslow, as measured in a straight line from the premises to the boundary of the zoning district.
No certificate of occupancy shall be issued for a commercial establishment displays of nudity unless the premises concerned include changing rooms and toilet facilities that are separated from any area of the premises to which the public will have access.
No certificate of occupancy shall be issued for a commercial establishment offering displays of nudity if any portion of the premises concerned consists of residential apartments or units, whether or not occupied.
The premises concerned, in addition, shall meet all applicable requirements of Chapter 300, International Building Code, and Life Safety Code, as amended.
The subsequent establishment of an establishment licensed to sell alcohol, a public or private school grounds, a church, chapel, parish house or other place of worship, a public library, a juvenile shelter or orphanage, a playground or public park or the rezoning of any property to residential shall not affect the validity of a certificate of occupancy of a legally existing commercial establishment offering displays of nudity. In the event of the subsequent establishment of any of the foregoing uses, the commercial establishment offering displays of nudity shall be treated as any other use permitted in the zoning district.
Conduct.
No person under the age of 18 years shall be employed in any capacity upon the premises of a commercial establishment that offers displays of nudity. The operator of each such establishment shall be responsible 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 performers.
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 Winslow 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 Winslow police on the business premises during normal operating hours.
In the event that the Winslow police reasonably suspect that any employee listed in the records is under the age of 18 years, the Winslow police may copy the record for investigatory purposes. Any record or information so obtained, and any subsequent information developed there from, is declared to be "intelligence and investigative information" under 16 M.R.S.A. § 803, Subsection 7, the Intelligence and Investigative Record Information Act, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person under the age of 18 years shall be admitted to any commercial establishment offering displays of nudity, 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.
No alcoholic beverages shall be sold, served or given away on the premises of any commercial establishment offering displays of nudity, whether for on-premises or off-premises consumption. Operators of any such establishment shall not allow customers or patrons to bring or consume alcoholic beverages on the premises.
There shall be no physical contact on the premises between patrons and those displaying nudity. For the purposes of this subsection, physical contact does not include incidental touching between someone displaying nudity and a patron of a business or social nature, i.e., a handshake or the brief contact that occurs while a patron is giving a tip. In no case shall incidental contact be deemed to include contact barred by the state statutes regarding unlawful sexual contact.
No one who removes any garments during displays of nudity shall toss or throw those garments to any customer or patron.
No one displaying nudity shall engage in any sadomasochistic abuse or sexual conduct.
Displays of nudity 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.
There shall be no displays of nudity after the hour of 1:00 a.m. All premises offering displays of nudity shall be closed and cleared of customers and patrons between the hours of 1:15 a.m. and 6:00 a.m. Mondays through Saturdays and 9:00 a.m. Sundays.
No display of nudity shall be visible from any public property or other private property.
Violations and penalties.
Any violation of this 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 and § 300-13, provided that the minimum fine for any violation by such persons shall be $500 for each offense, none of which may be suspended. In addition, the Code Enforcement officer may suspend or revoke the certificate of occupancy for any establishment offering displays of nudity in violation of this article, or in violation of conditions contained in the certificate of occupancy. Suspension or revocation of a certificate of occupancy shall be subject to administrative appeal as provided in § 300-14, Right of appeal.
Any violation of this article by a person other than the owner, lessee, licensee, permittee or operator of a premise 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, none of which may be suspended.
Any violator shall be responsible for the Town's reasonable attorney's fees in prosecution of a violation.
Each day a violation continues shall be a separate offense.
Theatrical productions.
The application and location restrictions of § 300-89E above 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 of theatrical performances; provided also that the provisions of § 300-89F(4) through (8) shall apply.