[HISTORY: Adopted by the Board of Trustees of the Village of Groton 2-21-2005 by L.L. No. 1-2005. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of Groton Festivals and Special Events Law."
As used in this chapter, the following terms shall have the meanings indicated:
- The Board of Trustees, Village of Groton.
- FESTIVAL or SPECIAL EVENT
- A series of related events or performances conducted on Village property, sidewalks, streets, and other public rights-of-way, including but not limited to parades, festive activities, cultural events, exhibitions, competitions, collections of shows, live entertainment and other amusement enterprises and/or the dispensation of food, which is open to the public at large, but excluding sidewalk sales conducted by the Village merchants and excluding events sponsored by the Village of Groton. The use of the term "festival" in this chapter shall be deemed to include all festivals and special events as defined herein.
- The permission, in writing, of the Clerk of the Village of Groton, issued in accordance with the provisions of this chapter or other applicable local law, to carry on a festival.
- Every natural person, planning group, committee, partnership, association, limited-liability company, limited partnership, limited-liability partnership, corporation or other legal entity, whether profit or nonprofit.
- The person or entity who executes the application for a license to conduct a festival.
- SUPERVISOR OF LICENSES
- The Village official or employee designated to be responsible for receiving applications and issuing licenses.
- A person who operates, during the life of the license, a booth or stand or otherwise occupies space in which he conducts games of skill or chance or dispenses food and beverage, merchandise or the like.
- The Village of Groton.
The purpose of this chapter is the regulation, through licensing and inspection, of festivals to be conducted in the Village of Groton on public streets, sidewalks, rights-of-way and/or other Village property for the protection of the health, welfare and safety of the public in general.
No license for a festival or activity of a similar nature shall be considered or issued unless and until the sponsor desiring to conduct the affair shall have made and signed a written application to the Village Clerk for a festival operator's license, in the form provided by the Village, and paid the proper fee therefor when required, not less than 60 days prior to the first day of operation of the proposed festival.
The issuance of the festival operator's license shall be further conditioned upon the following:
The sponsor's requesting and obtaining from the Mayor of the Village of Groton, with the approval of the Village Board of Trustees of Groton, permission to close the street or streets necessary to conduct the festival.
The sponsor's requesting and obtaining from the Mayor of the Village of Groton, with the approval of the Village Board of Trustees of Groton, permission to use property owned by the Village, as well as sidewalks and other rights-of-way.
The sponsors and/or vendors executing an indemnification agreement on behalf of the Village, substantially as follows: "The sponsor and/or vendor hereby represent, stipulate, contract and agree that they do jointly and severally indemnify and hold harmless the Village of Groton against liability for any and all claims for damages to property or injury to or death of persons arising out of or resulting from the issuance of the license or conduct of the public at and during the life of the festival."
Approval by the Fire Department, upon a satisfactory examination of the proposal, with respect to compliance with regulations as hereinafter set forth in the fire prevention section of this chapter.
Approval by the Officer in Charge of the Village of Groton Police, or his alternate, of the crowd control plan upon the presentation of a written proposal.
The sponsor depositing with the Village Clerk at the time of the filing of the application, in cash or by certified check made payable to the Village of Groton, the sum of $500 to guarantee that upon the termination of the festival the general area where the affair has been conducted will be left in good condition, cleaned up and cleared of all paper, waste material and debris within two days from the termination of the festival. If the sponsor fails to meet this requirement, the Village, in its discretion, shall clean and restore the area to pre-festival condition, deducting the monies spent thereon from the deposit aforementioned. This provision may be waived by the Board of Trustees, upon application.
If the sponsor is determined to be a wholly nonprofit entity, no licensing fee will he charged. In all other instances, a fee of $100 shall be charged for a festival operator's license.
The fee for a vendor's license shall be the sum of $10 per day. This fee shall not apply in an instance where the sponsor is a wholly nonprofit entity, nor shall it apply in those cases where the vendor and the sponsor are one and the same.
The preceding fees shall be payable in advance to the Village Clerk. It shall be the responsibility of the sponsor to collect and deliver fees to the Village Clerk.
In addition thereto, vendors intending to operate food and beverage stands shall be required to obtain a license, if required, from the Tompkins County Health Department, and pay any fee required by the health and sanitary laws of the State of New York and the County of Tompkins.
All health and sanitary requirements, regulations and licensing shall be adhered to by all the sponsors and/or vendors of the festival, as provided for in the sanitary codes of the Village of Groton, the County of Tompkins and the State of New York, which are incorporated by reference herein as if fully set forth.
In addition thereto, the operator of a festival shall provide a sufficient number of temporary or permanent toilet facilities for the use of vendors and the use of the public, such number to be determined in the discretion of the Village Clerk.
The sponsor and/or vendors shall, only with the consent of and under the supervision of the Fire Department and the Superintendent of Public Works, be authorized to install, hook and connect to fire hydrants specially marked by the Fire Department a master hose or water-carrying device to supply water to booths and stands operating at the festival, subject to the following provisions:
The Fire Department, together with Superintendent of Public Works, shall determine which fire hydrants will be used as hereinabove stated.
The sponsor and/or vendors shall maintain all fire hydrants within the perimeter of the festival free and clear of any obstruction, with the closest object located next to a fire hydrant at no less than two feet in any direction from its geometrical center.
The sponsor and/or vendors shall meet and observe at all times the requirements of the Water Department of the Village of Groton.
The sponsor and/or vendors, while operating a booth or stand in which there is heating or cooking apparatus for the preparation of food, shall keep, at all times, suitable fire extinguishing equipment, to be stored in such a manner that it is easily visible and accessible.
Subject to the requirements of the Village of Groton Police, the Village Fire Department and the Supervisor of Public Works, doors or gates on entrances to and exits from the premises where the festival shall be conducted shall be kept open and unobstructed during the hours of operation of the festival in order to facilitate the rapid ingress or egress of all persons attending in case of emergency. Nothing contained herein shall be deemed to prevent the Village of Groton Police, the Village Fire Department or the Supervisor of Public Works from closing access to areas in order to maintain proper crowd control and to enforce other laws in effect.
It shall be the duty of the sponsor, before the festival operator's license shall be issued, to provide the Village Clerk, the Fire Department and the Police Department with a sketch depicting the physical layout of booth, stands, amusement rides and the lanes of traffic that shall hereinafter be set forth, showing the dimensions of said booths and stands and the location and size of the area which the amusement rides will occupy.
After the sponsor has assigned the individual booths and stands to the vendors and the areas used for amusement rides to the operators, it shall be the duty of said sponsor, by the end of the first day of the festival, to provide the Village Clerk with a list in which the names, addresses and locations of the vendors and operators of amusement rides shall be set forth.
Subject to the requirements of the Village of Groton Police, the Village Fire Department and the Supervisor of Public Works, it shall be the obligation and duty of the sponsor during the duration of the festival to maintain an unimpeded and unobstructed land for emergency traffic, at least 15 feet in width, for the rapid ingress and egress of vehicles required for emergencies of other governmental purposes.
All electrical requirements, regulations and licensing shall be adhered to by the sponsors and/or vendors of the festival, as provided for in the electrical and building codes of the Village of Groton which are hereby incorporated by reference as if fully set forth. Should use of Village meters be desired, prior arrangements shall be made with the Village of Groton Electric Department. Should temporary outlets be provided, those will be used exclusively.
No alcoholic beverages shall be sold, served or consumed and no games of skill or chance shall be conducted during the operation of the festival unless and before the sponsor or the vendors obtain a proper and legal license to dispense alcoholic beverages and/or conduct games of skill or chance from the State of New York, the Village of Groton or any other regulatory agency.
The sponsor and vendors receiving such licenses to dispense alcoholic beverages and/or conduct games of skill or chance shall be conclusively presumed to be cognizant of the provisions of the Alcoholic Beverage Law of New York, the state rules and regulations in regard thereto and all applicable federal, state and municipal laws, rules and regulations regarding the operation of games of skill and chance, all of which are incorporated herein by reference as if fully set forth.
The duration of a Festival Operator's license for a festival shall be for not more than four consecutive days, after which period it shall lapse.
The earliest time at which it shall be lawful to begin operation of a festival in the Village shall be 9:00 a.m., Monday to Saturday, and 11:00 a.m. on Sundays. Closing time shall not be later than the closing time permitted by the Alcoholic Beverage Laws.
In addition to the penalties set forth in the general penalties section of this chapter, the festival operator's license or any vendor's license may be revoked by the Village Clerk at any time during the life of such license for any violation by the operator or individual vendor of any provision of this chapter or any violation of the Code of the Village of Groton or any other applicable county, state or federal law.
Anything to the contrary in this section notwithstanding, a food and/or beverage vendor's license may be revoked for a violation of any provision of this chapter or any violation of the Code of the Village of Groton or any other applicable county, state or federal law in the discretion of the appropriate health or regulatory authority.
Subject to the further provisions of this section, before any festival operator's license shall be granted, the sponsor shall provide and deposit with the Village Clerk a public liability insurance policy in the amount of $1,000,000 single limit, naming the sponsor and the Village of Groton as coinsured.
Notwithstanding the foregoing, the insurance requirement under § 95-12A shall not apply in the following circumstances:
If the event will not take place on Village property, other than for the parking of vehicles, and/or not require the closure of any Village street or sidewalk, in which case the sponsor shall provide proof of liability coverage by the property owner or owners on whose property the event is to take place; or
If the event is not intended or expected to draw more than 250 attendees within a twenty-four-hour period.
In any event, and in addition to any required insurance under the provisions of this chapter, the sponsor shall indemnify, save and hold the Village harmless against loss, liability or expense resulting from any and all claims, actions, causes of action or judgments recovered against the sponsor or the Village in any court of competent jurisdiction in excess of the amount of insurance required by the Village or, if no insurance is required, for all claims not otherwise covered or in excess of the coverage provided to the Village under its own public liability insurance coverage.
Upon application by a sponsor to the Village Board of Trustees, the Village Board of Trustees may waive one or more of the requirements of this chapter, provided that a finding is made that the enforcement of such provision is not required to assure the safe and proper operation of the festival or other special event.
A violation by the sponsor or the vendors of the provisions of this chapter, upon conviction thereof, in addition to the forfeiture of the license, shall be punishable by a fine not to exceed $250 or by imprisonment not exceeding 15 days, or both, per violation, such fine and imprisonment to be in the discretion of the court.