The purpose of this chapter shall be to preserve the public
safety, peace and good order in the Town of Eden by regulating commercial
or business-related amusements and entertainments as authorized by
Town Law § 130(12) through regulating and licensing such
uses in such a manner as to mitigate adverse impacts upon the community
and neighboring properties caused by noise, traffic, parking and other
factors which may be produced when amusements/entertainments are not
properly conducted with due consideration for public safety and emergency
services as well as the peace and good order of neighboring property
owners and residents.
Amusements or entertainments covered by this chapter shall include,
but not be limited to, theatrical, dramatic and operatic shows or
entertainments, musical and nonmusical shows or entertainments conducted
at or in connection with a commercial or business establishment, including,
but not limited to, live vocal and/or musical performances and playing
and/or amplification of recordings and/or broadcasts in such locations
which have or may have any of the following impacts:
A. Cause such shows, entertainments, performances or exhibitions to
be heard outside of enclosed structures and in such a manner as to
impact the peace and good order of the community or neighboring properties.
B. Cause parking or traffic problems which impact public safety, including,
but not limited to, impacting area traffic and/or access by emergency
vehicles or first responders.
No activity constituting an amusement or entertainment, as defined
herein, shall be conducted, produced or presented in the Town of Eden
without first procuring a license for that purpose issued by the Town
Board following application to the Town Clerk and payment of the applicable
fee, as established by the Town Board in the Schedule of Fees.
Every license issued under this chapter shall at all times,
for the term for which it is issued, be posted at a conspicuous place
at or near the principal entrance of the premises described in such
license so as to be easily seen and read by any person passing in
and out of such premises.
The provisions of this chapter are intended to only apply to
commercial or business establishments which offer amusements or entertainments,
as defined herein, to patrons and shall not apply to or include festivals,
picnics, bazaars, fairs and kindred amusements or entertainments operated
by or at locations owned by organizations established exclusively
for the benefit of charity, a religious, social or benevolent society
or for public benefit, churches, organizations of churches, organized
fire departments or United States veterans of any and all former wars,
including auxiliaries of such organizations.
In addition to any other penalties that may be invoked under
this chapter, any violation by a person, firm or entity of any provision
of this chapter shall be deemed to be an offense punishable by a fine
not to exceed $250 or imprisonment for a period not to exceed 15 days,
or both. Each day that a violation exists, occurs or continues shall
constitute a separate offense.