[1]
Editor's Note: This article consists of Ord. No. 4, adopted 3-30-1931 and amended 4-27-1936.
[Ord. No. 4, § 1, 3-30-1931; L.L. No. 2-1990, § 2]
(a) 
It shall be unlawful for any person, either as owner, manager, agent, employee or performer within the corporate limits of the Village hereafter to conduct, exhibit, carry on, produce, parade or take part in any circus, wild west show, menagerie, caravan of animals, field games, public shows, carnival, shooting gallery, arcade, performances, entertainment, exhibition or amusement of any kind or description, or any combinations of such, conducted, carried on, exhibited or produced in the open air or under a tent or in any other place for admission to which pay or compensation of any kind shall be required, demanded or received or which is given or conducted for gain.
(b) 
It shall be unlawful for any person either as owner, manager, agent or employee to conduct or operate any theater, theatrical performance, any motion-picture theater, show, any concert hall or any bowling alley within the corporate limits of the Village without first having obtained and paid for, and having in force and effect, a license therefor.
(c) 
It shall be unlawful for any person to conduct, maintain or operate or engage in the business of conducting, managing or operating a public dance hall or cabaret except as prescribed in Part I, Local Laws, Article VII, Local Law No. 1 of 1967 — Dance Halls and Cabarets.
[1]
Editor's Note: See also Ch. 14, Licenses and Business Regulations.
[Ord. No. 4, § 2, 3-30-1931; L.L. No. 11-1986, § 2; L.L. No. 1-1990, § 1; L.L. No. 2-1990, § 3]
(a) 
Any person desiring to procure or renew a license as provided in this article shall file with the Village Clerk a written application. Such application shall contain a description of the place where it is proposed to carry on or operate such amusement, description of the kind of entertainment, the date or dates on which it is proposed to carry on or operate such amusement, the name and post office address of the applicant and, if the applicant is not the owner of the amusement, the name and post office address of such owner, and such information as the licensing official may require.
(b) 
The fee for such license shall be as follows:
(1) 
For amusements conducted in a theater, amusement hall or place: $75 per six-month license period or fraction thereof.
(2) 
For circuses, wild west shows, menageries and other amusements not conducted in a place licensed as a theater, amusement hall or place: $50 per day or fraction thereof.
(c) 
The Building Inspector and the proper official of the Fire Department shall inspect or cause to be inspected the premises named in the application to determine whether such premises comply with the regulations and ordinances of the Village and the laws of the state, and whether such premises can be safely used for the purpose intended. Such Inspector shall furnish to the Village Clerk in writing the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused.
[Ord. No. 4, § 3, 3-30-1931; L.L. No. 1-1990, § 2]
(a) 
Upon the filing of the application and information as provided in § 4-47 and any consents that may be hereafter required, the Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 4-46.
(b) 
A license may be refused or revoked for a specific reason and for the protection of the public safety, health, morals or general welfare.
(c) 
A license shall not be assignable.
(d) 
Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any person, shall each be guilty of a violation of this section.
(e) 
All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the place at which the amusement is to be carried on, the kind of entertainment, the dates of issuance and expiration of the license, the fee paid, the name and address of the licensee.
(f) 
No license shall be granted to a person under 21 years of age nor renewed without a reinspection of the premises.
(g) 
No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection unless he can show that the reason for such rejection no longer exists.
(h) 
Licenses issued pursuant to this section, except conditional licenses, shall be issued for a maximum of six months. The effective periods of all licenses shall be January 1 through June 30 and July 1 through December 31. All licenses shall expire on June 30 and December 31. The Clerk, after approval by the Board of Trustees, may issue a conditional license for a period of not less than one month.
[Ord. No. 4, § 6, 3-30-1931]
No obscene, vulgar, immoral, illegal or disorderly show shall be licensed or permitted, and no person receiving a license or conducting or taking part in any show shall conduct, permit or take part in any obscene, vulgar, immoral, illegal or disorderly show under such license.
[1]
Editor's Note: Former § 4-49, Carnivals prohibited on streets and parkways; former § 4-50, When consent must be obtained; and former § 4-52, Gambling, derived from §§ 4, 5 and 7 of Ord. No. 4, were repealed by L.L. No. 2-1990, § 4. Section 5 of L.L. No. 2-1990 renumbered former §§ 4-51 — 4-55 as §§ 4-49 — 4-52 respectively.
[Ord. No. 4, § 8, 3-30-1931]
The Village Clerk may, at any time for a violation of this article or any other ordinance or any law, revoke any license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons thereof in writing shall be served by the Village Clerk upon the person named in the application or by mailing the same to the address given in the application and upon filing a copy of such notice in the office of the Village Clerk.
[Ord. No. 4, § 10, 3-30-1931]
The provisions of this article shall not apply to entertainments given by any public or private school, lectures on historical, literary or scientific subjects, amateur field games or contests or fairs, concerts, exhibitions of painting or statuary given or made by residents of the Village for the benefit of any social, benevolent, religious or charitable object in the Village, except that no permit, authority or license to conduct or operate what is commonly known as a "carnival" or "fair" shall be granted at any time for any purpose.
[Ord. No. 4, § 9, 3-30-1931]
Any person, who himself or by his Clerk, agent or employee, shall conduct, exhibit, carry on, produce, parade or take part in any amusement without a license, or shall violate any of the provisions of this article, or who, having had his license revoked shall continue to conduct, exhibit, carry on, produce, parade or take part in any such show, shall, upon conviction, be punished by a penalty as prescribed in § 1-7, and each day on which such violation continues shall constitute a separate offense.