[Approved 12-11-1969 by Ch. No. 1236]
[Amended 10-24-1996 by Ch. No. 2427]
No person, firm, corporation or association
shall publicly or for pay or for any profit or advantage to himself
exhibit or promote any theatrical performance, festival, show, exhibition
or other entertainment without first obtaining a license therefor
from the City Council of the City of Pawtucket.
Any license issued in accordance with the provisions
of this article shall be renewed upon change of said performance,
show or exhibition, subject, however, to the payment of the appropriate
fee as established by ordinance.
[Amended 4-7-1994 by Ch. No. 2346]
A.Â
Application for license shall be submitted to the
City Council at least 45 days prior to the first time appointed for
the initial exhibition of the performance, festival, show, exhibition
or other entertainment. Said application shall contain the title or
a description of said performance, festival, show, exhibition or other
entertainment.
[Amended 10-24-1996 by Ch. No. 2427]
B.Â
At the time of the filing of the application, the
exhibitor shall make available for viewing by the City Council the
performance, show or exhibition. If at the filing of the application
the performance, show or exhibition is not available for viewing,
the City Council may return the application for the performance, show
or exhibition to the exhibitor without prejudice to the exhibitor
for its resubmission at any time the performance, show or exhibition
is available for viewing.
[Amended 4-7-1994 by Ch. No. 2346; 7-25-1996 by Ch. No. 2420]
The City Council or the City Clerk, shall cause
a preliminary investigation to be made by the Director of Public Safety
or a appointed agent to determine the legitimacy and safety of a performance,
show or exhibition in accordance with the applicable General Laws
of the State of Rhode Island, and said Director of Public Safety shall
cause a report to be made forthwith. Such report shall consist of
a critical review based upon a compilation of all available information
relating to such performance, show or exhibition. Such factors to
be considered in the report include traffic, parking, impact on surrounding
neighborhood, safety of equipment used in performance and other facts
deemed important by the Public Safety Director or Council. In the
event that said report reflects the same to be controversial with
regard to obscenity, the City Council may cause a viewing of said
performance, show or exhibition prior to its licensing. A view of
said questionable performance, show or exhibition shall be made by
members of the City Council, the Public Safety Director or his or
her duly appointed agent and an attorney of the Law Department of
the City of Pawtucket, and they shall determine whether or not there
is probable cause of obscenity. Said determination of probable obscenity
shall be based upon whether to the average person applying contemporary
community standards the dominant theme of the material taken as a
whole appeals to the prurient interest and has no social redeeming
value. In the event that it is determined that said license should
not be granted on the ground that the said performance, show or exhibition
is probably obscene, then and in such an event the City Council shall
authorize the City Solicitor to commence an action to determine said
obscenity. Said action shall be commenced within 48 hours of the filing
of said application in the Superior Court for Providence and Bristol
Counties pursuant to the provisions of R.I.G.L. § 5-22-5,
as amended.
