September 21, 2024
BANGOR DAILY NEWS (BANGOR, MAINE

Bangor nudity ordinance ready for vote

BANGOR — Nearly three months after the City Council started talking about regulating commercial nudity, an ordinance is ready for a decision. The council will take up the eight-page document this evening at City Hall.

First there will be a council workshop at 6:25 p.m. in order to iron out some last-minute details in the ordinance. The council will break after that to hold a reception for those appointed to subordinate committees, then begin the council meeting at 7:30 p.m.

The issue of commercial nudity has been discussed in relation to two exotic dance businesses in the city — Deb’s, operated by Debera Pinette Greenwood on Exchange Street for the last couple of years; and Diva’s, opened by Diane M. Cormier last year on State Street.

Possible ordinances have been taken up in public hearings and committee meetings over the last several weeks, and last Tuesday the municipal operations committee finished hammering out the regulatory measure that will be up for action tonight.

Whether the council takes a final vote tonight or chooses some other approach, Councilor Michael Aube said last week, it’s time to put the document “in front of the full council.”

City Solicitor Erik Stumpfel and councilors have looked at a variety of ordinance models from other communities and states during the process.

The municipal operations committee last week seemed poised to recommend a measure that would have banned commercial nudity outright, but decided that regulating it actually would give the city more control.

Staff and councilors don’t want to dilute the power of the city’s special amusement ordinance, which prohibits liquor-serving establishments from allowing nudity.

With a ban on nudity in place, exotic dance businesses would be able to serve liquor while offering entertainment by scantily clad performers.

So instead of banning nudity outright, the measure as drafted would allow toplessness only. It would require an operator of a business offering live adult entertainment to:

Be located in a commercial zone, but not the Downtown Development District or the Waterfront Development District. The business would have to have off-street parking and buffer yards.

Be located more than 500 feet from any residential zone, church, school, public library, juvenile shelter or orphanage. The business also could not be within 500 feet of a similar establishment, nor of a business that sells or serves liquor — whether for consumption on or off premises.

Obtain a certificate of occupancy from the code enforcement officer after going through an application procedure.

List on the application the names and addresses of the principals of the business. The information will be given to police for the purpose of doing a 10-year background check for convictions of prostitution, promotion of prostitution, or a Class A, B or C felony.

Not have residential apartments in the building.

Not be operated by someone who owns or operates an escort service, dating service or booking agency doing business in Penobscot County.

Not employ anyone under the age of 18, whether regular employee or independent performer.

Not sell, serve or give away alcoholic beverages, nor allow patrons to bring or consume such beverages.

Not allow any touching between the patrons and the performers. Performers shall stay on a central stage and remain at least five feet from the patrons. Patrons also may not tip the performers.

Not admit patrons under age 18.

Not allow performers to throw clothing at the patrons, nor to engage in sexual conduct or sadomasochistic behavior.

Not allow performers to display genital or rectal areas. These are to be covered with material that cannot be seen through.

Be closed from 1:15 to 6 a.m. Monday through Saturday, and from 1:15 to 9 a.m. Sunday.

Be subject to a fine of $500 for any violation, an action that also would result in revocation of the certificate of occupancy. Such violation also would violate the land use code. Performers in violation of the ordinance would be fined $500 for a first offense, $1,000 for a second offense.

Existing establishments would be required to apply for the appropriate certificate of occupancy within 30 days. Those that did not meet the location requirements — including Diva’s and Deb’s — could be grandfathered in their current locations for one year. At the end of that year, each could apply for one extension of one year in case of financial hardship.

A couple of final details of the ordinance may be worked out during the workshop this evening. If the 500-foot distance requirement from stores that sell alcohol, for example, means that there is practically no commercial zone where a business could locate, then councilors are likely to add industrial zones to areas where they could operate.

The other question concerns documentation that all employees are age 18 or over. The measure requires the business to submit each employee’s name, address and Social Security number to the Bangor Police Department.

Diva’s attorney Wayne Foote has objected to that provision on the grounds that the procedure would make the information available to the public, and thus jeopardize the safety of the employees. Foote was asked to submit his ideas on how the requirment could be met while assuring that safety.

Already there has been much public testimony at meetings on the issue of commercial nudity. Businesspeople, clergy and area residents have spoken up to urge the council to ban commercial nudity, stating that it violates community standards and causes problems in the area of such establishments.

Several Diva’s performers and some patrons have attended meetings to say they believe such businesses should continue as they are. Cormier says there are many other patrons, businesspeople and couples, “who can’t come forward.”


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