As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
Any person seeking to hold a special event which is regulated
hereunder and/or is subject to any provision of law, rule and regulations,
or any part thereof, which is so subject, and which is subject to
the review, inspection, regulation or enforcement of or by the Town
of Gates or other lawful authority.
BACKGROUND MUSIC
Music which is an accessory use to a restaurant or a bar,
tavern or nightclub and which is subject to the issuance of a special
event permit by the Town Clerk pursuant to the provisions of this
chapter. "Background music" shall include music performed live by
not more than two instrumentalists or two vocalists or one instrumentalist
and one vocalist. "Background music" shall not include such use when
it is conducted or performed as an integral part of a religious ceremony,
prerecorded music played unattended on a sound system, a jukebox,
live entertainment, or adult cabarets and adult entertainment establishments.
BAR, TAVERN or NIGHTCLUB
A business enterprise which is conducted wholly or partly
in a building and which primarily sells or serves alcoholic beverages
to the public, and which provides for the consumption of such beverages
on the premises, subject to the regulatory authority of the New York
State Liquor Authority, and which possesses one or more of the following
characteristics: age restrictions or cover charges for admission;
listening or dancing to music provided by background music, live entertainment,
jukeboxes or the like; and hours of operation which extend beyond
the normal, typical, customary times for eating breakfast, lunch or
dinner. The accessory or incidental sale of food or snacks may entitle
such a use to be considered a restaurant under other provisions of
this chapter, but the permanent or temporary removal or relocation
of tables and chairs from a restaurant to permit any of the aforesaid
characteristics shall constitute the creation of a bar, tavern or
nightclub use. "Bar, tavern or nightclub" shall not include restaurants,
or adult cabarets or adult entertainment establishments.
FIRE MASHAL
The Fire Marshal of the Town of Gates, New York.
LIVE ENTERTAINMENT
Music, theater, dance or other similar entertainment, performed
by persons on premises for the benefit of an audience or patrons,
and subject to the issuance of a special event permit by the Town
Clerk pursuant to the provisions of this chapter. "Live entertainment"
shall include but not be limited to entertainment provided by karaoke,
musicians, vocalists, disc jockeys, actors, dancers, puppeteers, magicians
and comedians. "Live entertainment" shall not include such use when
it is conducted as an integral part of a religious ceremony, background
music, or adult cabarets and adult entertainment establishments.
PERSON
Any individual, association, firm, partnership, company,
corporation or organization of any kind.
RESTAURANT
A business enterprise which is conducted wholly or partly
in a building and which prepares, sells or serves food or beverages
for or to the public, and which provides for the consumption of such
food or beverages on the premises, and which may include related accessory
uses such as takeout or delivery service, drive-up service window,
outdoor seating, the sale or service of alcoholic beverages, and background
music or live entertainment, provided that a special event permit
for such use has been issued by the Town Clerk pursuant to the provisions
of this chapter. "Restaurant" shall not include any form of bar, tavern
or nightclub, adult cabaret or adult entertainment establishment,
or facilities which are accessory to a principal use and which prepare,
sell or serve food or beverages principally for consumption by the
employees of the principal use.
SPECIAL EVENT
Any preplanned social occasion or activity, or series of
such occasions or activities, sponsored or conducted by a person other
than the Town or other governmental agency, occurring on private property
and open to the general public or to such classes of users as to be
in effect open to the general public, or on any public highway right-of-way
or property owned by or leased to the Town, conducted indoors or outdoors,
with or without admission or invitation fee, sponsorship or requested
donation, for the purpose of entertainment, celebration, amusement,
cultural recognition, amateur or professional sports demonstration
or competition, or similar activities generically considered recreational
in nature, including but not limited to carnivals, circuses, live
entertainment, background music, festivals, fairs, bazaars, arts and
cultural events, arts and crafts displays and/or sales, road races
and walk-a-thons, public celebrations, parades, celebrations, ceremonies,
marches, demonstrations, exhibitions, and any other occurrence involving
public gathering and/or attendance which is not otherwise considered
a matter of right under prevailing law such as to be exempt from governmental
regulation, and including accessory activities conducted by vendors.
SPECIAL EVENT PERMIT
A permit or instrument granted by the Town Clerk pursuant
to the provisions of this chapter.
TOWN
The Town of Gates, New York.
TOWN BOARD
The Town Board of the Town of Gates, New York.
TOWN CLERK
The Town Clerk of the Town of Gates, New York.
TOWN CODE
The Code of the Town of Gates, New York.
VENDOR
A person at a special event who, during the life of the special
event permit, operates a booth, stand, cart or vehicle or otherwise
occupies space in which he conducts games of skill or chance or sells
or dispenses food, beverages, goods, merchandise, wares or the like.