Page 1 of 22 Regulating Adult Entertainment Establishments in Maine January 10, 2005 Maine State Planning Office Matthew Nazar
Regulating Adult Entertainment Establishments in Maine January 10, 2005 Maine State Planning Office Matthew Nazar, Director, Land Use Program Last year, Maine’s Legislature made it under the broad home rule authority, and be legal for municipalities to regulate “adult unrelated to zoning discussed below. If you entertainment establishments” through zoning intend to adopt this type of ordinance, make without an adopted, consistent comprehensive sure that the State Legislature or Federal plan,. However, if a municipality has a Constitution has not preempted the local comprehensive plan, the regulations must be authority to do so. For additional information consistent with that plan. Towns may regulate on the preemption, read “Preemption the operation of adult amusement stores, adult Doctrine,” Maine Townsman, June 1991. video stores, adult bookstores, adult novelty Zoning. A “zoning ordinance” is a stores, adult motion picture theaters, on-site type of land use ordinance that divides a video screening establishments, adult arcades, municipality into districts and that prescribes adult entertainment nightclubs or bars, adult and reasonably applies different regulations in spas, establishments featuring strippers or each district. Many adult business regulations erotic dancers, escort agencies or other are zoning ordinances, regulating the location sexually oriented businesses. For the rest of of the businesses within the municipality. this article these are jointly referred to as Unlike most zoning ordinances, 30-A “adult businesses”. M.R.S.A. § 4314 and 30-A M.R.S.A. § 4352 So what does this mean for Maine exempt zoning that regulates adult businesses towns? What can towns legally regulate? It’s from having to exist within the context of a not as simple as it may sound, so let’s explore comprehensive plan.
[Show full text]