Maine Legislature, Session 121, LD 1801
Committee Amendment CA_A_H733 (House)
Amends: 30-A MRSA §4314, 30-A MRSA §4352

COMMITTEE AMENDMENT .. IJ .. to H.P. 1323, L.D. 1801, Bill, "An 
Act To Control Adult Entertainment Establishments" 
Amend the bill by inserting after the enacting clause and 
before the concept draft summary the following: 
'Sec. 1. 30-A MRSA §4314, sub-§3, 1(E, as enacted by PL 2001, 
c. 406, §3, is amended to read: 
E. 
The ordinance or portion of the ordinance conflicts with 
a newly adopted comprehensive plan or plan amendment adopted 
under 
this 
subchapter, 
in which 
case 
the 
ordinance 
or 
portion of the ordinance remains in effect for a period of 
up 
to 
months 
immediately 
following 
adoption of 
the 
comprehensive plan or plan amendment; e~ 
Sec. 2. 30-A MRSA §4314, sub-§3, V, as amended by PL 2001, c. 
578, §10, is further amended to read: 
F. 
The municipality or multimunicipal region applied for 
and was denied financial assistance for its first planning 
assistance or 
implementation assistance grant under this 
subchapter due to lack of state funds on or before January 
1, 2003. 
If the office subsequently offers the municipality 
or multimunicipal region its first planning assistance or 
implementation 
assistance 
grant, 
the 
municipality 
or 
mul timunicipal region has up to one year to contract wi th 
the office to prepare a comprehensive plan or implementation 
program, in which case the municipality's or mul timunicipal 
region's ordinances will be subject to paragraph DTL-QX 
COMMITTEE AMENDMENT 
--. " 
(..~ 
COMMITTEE AMENDMENT ,,*,to H.P. 1323, L.D. 1801 
Sec.3. 30-A MRSA §4314, sub-§3, 1fG is enacted to read: 
G. 
The ordinance or portion of an ordinance is an adul t 
entertainment establishment ordinance, as defined in section 
4352, subsection 2, that has been adopted by a municipality 
that has not adopted a comprehensive plan. 
Sec. 4. 30-A MRSA §4352, sub-§2, as enacted by PL 1989, c. 
104, Pt. A, §45 and Pt. C, §lO, is amended to read: 
2. 
Relation to comprehensive plan. 
A zoning ordinance.L 
other than an adult entertainment establishment ordinance, must 
be pursuant to and consistent with a comprehensive plan adopted 
by the municipal legislative body. 
As 
used in this section, 
"adult entertainment establishment ordinance" means an ordinance 
that regulates the operation of adult amusement stores, adul t 
video 
stores, 
adult bookstores. 
adult novelty stores, 
adult 
motion picture theaters, on-site video screening establishments, 
adult arcades, 
adult entertainment nightclubs or bars, 
adult 
spas, 
establishments 
featuring 
strippers 
or 
erotic 
dancers, 
escort agencies or other sexually oriented businesses. 
Sec. 5. 30-A MRSA §4352, sub-§6, as amended by PL 1993, c. 
721, Pt. A, §ll and affected by Pt. H, §l, is further amended to 
read: 
6. 
Effect on State. 
A zoning ordinance, other than an 
adult 
entertainment 
establishment 
ordinance, 
that 
is 
not 
consistent with a comprehensive plan that is consistent with the 
prov~s~ons of section 4326 
is advisory with respect to the 
State. 
Except as provided in this section, a state agency shall 
comply with a zoning ordinance consistent with a comprehensive 
plan that is consistent with the provisions of section 4326 in 
seeking 
to 
develop 
any building, 
parking facility or 
other 
publicly 
owned 
structure. 
The 
Governor 
or 
the 
Governor's 
designee may, 
after public notice and opportunity for public 
comment, 
including written notice to the municipal officers, 
waive any use restrictions in those ordinances upon finding that: 
A. 
The 
proposed 
use 
is 
not 
allowed 
anywhere 
in 
the 
municipality; 
B. 
There 
are 
no 
reasonable 
alternative 
sites 
for 
or 
configurations of the project within the municipality that 
would achieve the necessary public purposes; 
C. 
There are no reasonable alternatives to the project, 
including sites in other municipalities, that would achieve 
the necessary public purposes; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .~ to H.P. 1323. L.D. 1801 
D. 
The project will result in public benefits beyond the 
limits of the municipality, including without limitation, 
access to public waters or publicly owned lands; and 
E. 
The project is necessary to protect the public health, 
welfare or environment. 
A decision to waive 
a 
restriction under this section may be 
appealed by the municipality or any aggrieved party to Superior 
Court .• 
SUMMARY 
This 
amendment, 
which 
is 
the 
minority 
report 
of 
the 
committee, replaces the concept draft. 
The amendment enables a 
municipality 
to 
enact 
an 
adult 
entertainment 
establishment 
ordinance, 
which regulates the operation of sexually oriented 
businesses, without triggering the requirement of adoption of a 
comprehensive plan. 
COMMITTEE AMENDMENT