[Amended 11-6-1997 by L.L. No. 3-1997]
It shall be unlawful for any person, persons, corporation, organization,
landowner or lessee to organize, promote, conduct or cause to be conducted
an outdoor public musical entertainment, amusement or assembly of
persons within the Town of Lima, catering to the general public, for
which said person, persons, corporation, organization, landowner or
lessee believes or has reason to believe will attract 100 or more
persons, unless a permit has first been obtained under this chapter
for the operation of said outdoor public musical entertainment, amusement
or assembly as provided by this chapter. Such permit shall be required
for each such outdoor public musical entertainment, amusement or assembly.
The fee for such permit to meet the cost of administering the same
shall be set from time to time by resolution of the Town Board.
Written application for a permit for such outdoor public musical
entertainment, amusement or assembly shall be made to the Town Board
of the Town of Lima, and said application must be submitted, in three
copies, to the Town Clerk 90 or more days prior to the first day upon
which such outdoor public musical entertainment, amusement or assembly
is to be held. Determination granting or denying permits as herein
provided for shall be made within 60 days after application therefor.
No permits shall be granted unless the applicant complies with all
requirements of this chapter. Denial of the permit by the Town Board
shall be in writing.
Application for such permit shall be by verified petition addressed to the Town Board of Lima and shall be filed in compliance with the provisions of §
82-3 of this chapter. Such application shall include the following material:
A. A statement of the name, age and residence address of the applicant;
if applicant is a corporation, the name of the corporation, the names
and addresses of directors, officers and stockholders owning 5% or
more of the number of shares outstanding of each class of stock; if
the applicant is a partnership or other organized group of individuals,
the names, addresses and ages of each and every individual associated
with the partnership or other entity.
B. A statement containing the name and address of the owner of the property
upon which the event is to occur and the nature and interest of the
applicant therein; the proposed dates and hours of such event; the
expected maximum number of persons intended to use the property at
one time and collectively; the expected number of automobiles and
other vehicles intended to use the property at one time and collectively;
the purpose of the function, including the nature of the activities
to be carried on and the admission fees to be charged, if any; and
the names and addresses of all concessionaires and other persons providing
any services or facilities under contract, lease or other arrangement
for the event.
C. An occupational survey map prepared by a professional engineer licensed
by the State of New York showing the size of the property, the names
of the record owners of the adjoining properties; the street or highways
abutting said property; the size and location of any existing building,
buildings or structures or other facilities to be erected thereon
for the purpose of the assembly; the placement of the proposed distribution
system of water; the location of any parking areas for automobiles
and other vehicles and the means of ingress and egress to such parking
area; all service and other roads serving the camping area, food services,
toilet facilities, garbage and refuse collection facilities; and entertainment
and performance areas.
D. A detailed plan and statement with drawings showing the methods to
be used for the disposal of sanitary sewage.
E. A detailed plan and statement with drawings showing the distribution
and supply system for supply, storage, treatment and distribution
of drinking water.
F. A detailed plan and statement with drawings showing the layout of
any parking area for automobiles and other vehicles and the methods
of traffic control to be used thereon. Such parking area shall provide
parking space of acceptable size for one motor vehicle for every four
persons in attendance.
G. A detailed plan and statement with drawings showing the facilities
for the preparation, storage, sale and distribution of food and the
means of servicing such area. Such plan shall also detail the method
and means of disposing of any garbage, trash, rubbish or other refuse.
H. A detailed plan and statement fully describing any private security
personnel who will be engaged by the applicant to serve on or about
the site during the event and the qualifications and source of such
personnel.
I. A detailed plan and statement providing for fire protection, specifying
the location of fire lanes, water supply and equipment or apparatus
to be available for such purposes.
J. A detailed plan and statement specifying the facilities to be available
for medical, surgical, nursing and ambulance service. The applicant
shall furnish to the Town Board the addresses of all doctors, nurses,
pharmacists and ambulance services the applicant will provide for
the event prior to issuance of a permit.
K. A detailed description of all insurance policies and surety bonds
to be provided by the applicant for the protection of the general
public and the Town of Lima. Certificates of such insurance and bonds
shall be submitted to the Town Board at least 15 days prior to the
commencement date of the event.
L. A subscribed authorization from the landowner and the applicant to
the Town and the County of Livingston to permit the Town and county
and their lawful agents to go upon the property for the purpose of
inspecting the same to determine if there is compliance with the requirements
of this chapter and the permit, if granted; providing adequate police
and fire protection; and protecting persons and property from danger.
M. A statement subscribed by the applicant that the applicant will specify
in all advertising and promotional endeavors the limitation on the
number of tickets to be sold or otherwise issued as specified in the
permit and that the applicant will neither sell nor otherwise issue
tickets at the site while the event is in progress.
If a permit is granted by the Town Board, such permit shall
set forth the maximum number of persons to be permitted to attend
the event. The Town Board, in determining such maximum limit, shall
take into consideration the capacity of the site and of available
public highways and other means of transportation to and from the
site. The applicant shall limit all ticket sales to such maximum number
and shall include such limitation in all advertising. No tickets shall
be sold at or near the site of the event during the term of the event.
The applicant shall specify in all advertising and promotional endeavors
the limitation of the number of tickets to be sold or otherwise issued
and the unavailability of tickets at the site, while the event is
in progress.
The permit shall not be granted if any of the items set forth
in said application are determined by the Town Board to be insufficient
to properly safeguard the safety, health, welfare and well-being of
persons or property or do not comply with any of the requirements
of this chapter.
If after a permit is issued the Town Board, through its lawful
agents, determines that any of the items required as a condition of
the permit are not adhered to and accomplished within the required
time limits or if any of the contracts, leases or other arrangements
for provision of services and facilities or any insurance or surety
bond shall become terminated prior to completion of the event, then
this permit may immediately thereupon be terminated by action of the
Town Board, unless breach or failure is promptly remedied within such
time limit as may be reasonably imposed by the Town Board. Notice
of termination of the permit shall be in writing, addressed to the
applicant at the address set forth in the application.
This chapter shall not apply to outdoor public musical entertainments,
amusements and assemblies sponsored by legally authorized veteran,
educational, religious, fraternal, charitable, firemanic or nonprofit
organizations, groups or associations of individuals whose regular
such activities are carried on within the Town of Lima.