Portland council passes downtown entertainment license work-around
PORTLAND — The City Council has approved a temporary fix to help downtown businesses host events this summer after a decades-old zoning rule limited their ability to obtain entertainment licenses.
The council voted 8-0 on Monday to allow establishments that cannot get traditional entertainment licenses to instead apply for single-day permits for specific events. The amendment exempts these one-time permits from the city's 100-foot "business dispersal requirement," which has restricted entertainment licensing downtown since the 1990s.
Councilor Wes Pelletier, who proposed the change, called it a "good compromise" that provides immediate relief without undermining the intent of the original buffer rule.
The 100-foot requirement was enacted decades ago to prevent an overconcentration of nightlife venues in the Old Port, where officials at the time were concerned about noise complaints and disturbances when bars closed for the night. But business owners have increasingly argued the rule is now hurting their bottom line rather than protecting the neighborhood.
Isaac MacDougal, owner of Cocktail Mary on Market Street, told the council the regulation has cost his bar significant revenue this summer.
"My business has lost thousands of dollars in potential revenue over the past couple of months when comparing summer sales to our last location with an entertainment license," MacDougal said. "My employees are taking a hit by working comparatively slower shifts, and it's also a loss for the entertainers and other personnel the business would normally hire for events."
MacDougal said the impact extends beyond a single establishment.
"That's the real cost of this buffer," he said. "It isn't abstract and doesn't impact only Cocktail Mary."
The Portland Regional Chamber of Commerce supports the amendment. In a written statement, President and CEO Quincy Hentzel said the city is already conducting a broader review of the entertainment buffer, and the new provision offers flexibility for businesses and organizations seeking to host limited events while that process continues.
The council had to waive the standard first reading and pass the amendment as an emergency legislation to take effect immediately. Mayor Mark Dion was not present for the vote.
A more comprehensive review of the 100-foot buffer is already underway. Earlier this month, the housing and economic development committee forwarded a proposal to eliminate the restriction entirely to the planning board for review. That process would eventually return the matter to the council, but not until this fall—too late for businesses hoping to capitalize on the peak summer season.
Pelletier first raised the single-day permit concept with the housing and economic development committee in November, though at the same time he proposed a separate 750-foot buffer around large entertainment venues related to the controversial Portland Music Hall project. The committee chose at that time to address the two issues separately.
The amendment approved Monday reorganizes the ordinance language regarding single-day entertainment permits, placing them in a section exempt from the buffer requirement. Pelletier has said the change will let affected businesses pursue permits for individual events while a longer-term licensing review moves forward.
