[HISTORY: Adopted by the Town Board of the
Town of Milan 1-27-1971 as L.L.
No. 1-1971. Amendments noted where applicable.]
[Amended 6-15-2020 by L.L. No. 2-2020; 7-20-2020 by L.L. No. 4-2020]
No person, group of persons, partnership, association
or corporation, organization, landowner, lessee or any combination
thereof shall maintain, conduct, promote or operate on any private
lands or premises within the unincorporated area of the Town of Milan,
other than in established theaters, auditoriums or other places licensed
or permitted for public occupancy, as limited by law, any use thereof
for the purpose of any outdoor public musical entertainment, amusement
or assembly, including, but not limited to, pop festivals, rock music
festivals, rock festivals, jazz festivals, rock and roll music festivals
or such other combination thereof which is to or shall reasonably
attract 100 or more persons, except pursuant to a special permit issued
therefor by the Town Board of the Town of Milan as hereinafter provided.
Nothing contained herein shall apply to lands within the Town of Milan
owned by New York State, Dutchess County, or the Town of Milan.
A.
Written application for a special permit for such
outdoor public musical entertainment, amusement or assembly shall
be made to the Town Board of the Town of Milan and must be submitted
in seven copies to the Milan Town Clerk 90 days or more prior to the
first day upon which such outdoor public musical entertainment, amusement
or assembly is to be held.
B.
Determination granting or denying permits, as herein
provided for, shall be made within 60 days after application therefor.
C.
No permits shall be granted unless the applicant complies
with all requirements of this chapter.
D.
E.
Denial of the permit by the Town Board of the Town
of Milan shall be in writing.
F.
Permits
shall not be granted for outdoor entertainment in any district in
the Town of Milan, except the HB District.
[Added 6-15-2020 by L.L. No. 2-2020; amended 7-20-2020 by L.L. No. 4-2020]
Application for such permit shall be by verified petition addressed to the Milan Town Board and shall be filed in compliance with the provisions of § 115-2 of this chapter. Such application shall include the following material:
A.
A certificate from the Dutchess County Department
of Health to the effect that sanitation facilities to be provided
for such assembly or gathering are adequate to accommodate the needs
of the persons to be assembled and attending the public musical entertainment,
amusement or assembly.
B.
A statement of the name, age and residence address
of the applicant; if the 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.
C.
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.
D.
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 streets or highways abutting said property; the size and location
of any existing building, buildings or other structures or 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.
E.
A detailed plan and statement with drawings showing
the methods to be used for the disposal of sanitary sewage.
F.
A detailed plan and statement with drawings showing
the distribution and supply system for supply, storage, treatment
and distribution of drinking water.
G.
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.
H.
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
and other refuse.
I.
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.
J.
A detailed plan and statement providing for fire protection
specifying the location or fire lanes, water supply and equipment
or apparatus to be available for such purposes.
K.
A detailed plan and statement specifying the facilities
to be available for medical, surgical, nursing and ambulance service.
Applicant must furnish to the Milan Town Board the addresses of all
doctors, nurses, pharmacists and ambulance services that the applicant
will provide for the event, prior to issuance of a permit.
L.
A detailed description of all insurance policies and
surety bonds to be provided by the applicant for the protection of
the general public, the Town of Milan and its various public bodies,
officers and employees. Certificates of such insurance and bonds shall
be submitted to the Milan Town Board at least 15 days prior to the
commencement date of the event.
M.
A subscribed authorization from the landowner and
the applicant to the Town of Milan and the County of Dutchess 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.
N.
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.
A.
No permit shall be issued unless the applicant shall
furnish to the Town of Milan a comprehensive liability insurance policy
insuring the Town against liability for damage to persons or property,
with limits of not less than five hundred thousand dollars/one million
dollars ($500,000./$1,000,000.) for bodily injury or death and limits
of not less than $500,000 for property damage, sufficient in form
to insure, indemnify and save the Town harmless from any liability
or causes of action which might arise by reason of granting of the
permit and noncancelable without 10 days' prior written notice to
the Town.
B.
No permit shall be issued unless the applicant shall
deposit with the Clerk of the Town of Milan cash or good surety company
bond, approved by the County of Dutchess, in such sum not less than
$100,000, as the Town Board may reasonably require, and conditioned
that all requirements of the permit will be fully performed by the
applicant; that no damage will be done to any public or private property;
and that the applicant will not permit any litter, debris or other
refuse to remain upon any public or private property by reason of
the granting of the permit, which cash shall be refunded or surety
company bond canceled upon certification by the Milan Town Board that
all conditions of this chapter have been complied with. Such surety
bond or cash shall serve as an indemnity to save and protect the streets,
pavements, bridges, road signs and other property of the Town of Milan
and the County of Dutchess and any other Town and Village within the
County, from any and all damage that may be caused by vehicles, employees
or participants in such event and to be used, if necessary; to restore
the ground where such event is held to a sanitary condition; and pay
all charges and losses to the Town of Milan and the County of Dutchess
and its respective towns and villages for damages to streets, pavements,
bridges and other property.
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.
Any permit issued pursuant to this chapter may
be immediately suspended or revoked within the sole discretion of
the Milan Town Board in the event that any of the provisions of this
chapter, requirements of the Dutchess County Health Department or
conditions of the permit are not complied with or adhered to.
Any person who shall violate any provisions
of this chapter shall be deemed to have committed an offense punishable
by a fine not to exceed $500 or 60 days in jail, or both. Each day
upon which any such violation shall exist or continue shall constitute
a separate offense.
