Damariscotta

Adult entertainment amendments will be ‘as restrictive as possible’

Thu, 03/05/2015 - 5:30pm

    Opening an adult-themed business in Damariscotta just got a little harder — by design.

    The Damariscotta Planning Board held a public hearing Wednesday, March 4 to make amendments to the land use ordinance that will heavily restrict where adult-themed entertainment businesses can set up shop.

    For the crowd of almost 20 Damariscotta residents, the choice was apparently clear: The vote went over unanimously to allow changes be made to the land use ordinance to restrict adult entertainment.

    Town Manager Matt Lutkus said the ordinance, which will place certain limits on where adult-themed businesses can settle, was decided after doing research.

    “We looked closely at the negative secondary effects of adult entertainment (establishments),” he said. “That formed the basis of the town's ability to regulate such businesses.”

    The town's draft ordinance prevented adult-themed businesses from opening within 1,500 feet of schools, churches, day cares or playgrounds.

    The town cannot ban adult-themed businesses outright, as it would be a violation of the First Amendment, but the town can heavily determine where in town those businesses operate, Lutkus said.

    “We are doing all that we are allowed to do to regulate (adult-themed businesses),” he said. “We're doing everything the case law allows us to do, and that is intentional. We want to make it as restrictive as possible.”

    Lutkus said the town wanted to stay as far to the restrictive side of things as possible, and deal with the consequences should they arise.

    “I would err on the side of being too restrictive, and let (potential businesses) take us to court,” he said.

    Although no requests have been made by an adult-themed business, the town reacted in 2014 to an inquiry. During that time, it was revealed that Damariscotta didn't have a substantial ordinance on the books to restrict adult-themed businesses. Shortly thereafter, a six-month moratorium was put in place to give the town and Damariscotta lawyer Jennifer Villeneuve time to draft the ordinance.

    Planning board member Shari Sage said she was concerned with a potential adult entertainment business' ability to erect signs along the road, or even on Main Street via sandwich board signs.

    “You have signs like (Van Lloyd's) Bistro, that say 'We're down the alley,' and we typically have several sandwich boards up and down Main Street,” she said. “If you're making exceptions, you'd have to weigh that (against other businesses).”

    Villeneuve said specific signage, including those signs for adult-themed businesses, can be regulated.