[HISTORY: Adopted by the Town Board of the Town of Lloyd 9-14-1934.
Amendments noted where applicable.]
No carnival or other outdoor or tent show or exhibition shall be permitted
a license for a longer period than three days and never beyond the 31st day
of December of the current year.
No license for such carnival or show shall be granted except on resolution
of the Town Board at a meeting thereof duly called for that purpose, which
resolution must be carried by a favorable vote of at least five members.
The license fee, which must be paid to the Supervisor of the Town before
the license shall be issued, shall be $100.
No license shall be issued, in any event, unless a cash deposit or bond
approved by the Town Board shall be deposited with the Town Supervisor, which
bond shall run to the Town of Lloyd and shall be conditioned to save said
Town harmless from any expense by reason of additional policing or damage
to Town property or highways occasioned by reason of such exhibition, show
or carnival or by reason of the transportation over or along the Town highways
of the property or material thereof or of the individuals belonging thereto
or of any concessions connected therewith. In the event a cash deposit is
made, same shall not be withdrawn until at least 10 days after the final exhibition.
The license when issued shall be in substantially the following form:
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LICENSE FOR PUBLIC EXHIBIT
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In consideration of the payment of the fee prescribed by
the License Ordinance of the Town of Lloyd, a license is hereby given to _________________________________
to give a public (exhibition, carnival, show) within the Town of Lloyd, Ulster
County, at _________________________________ and at no other place within
said Town, on the following date: _____
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This license is issued in accordance with the provisions
of § 221 of The Town Law of the State of New York and of the License
Ordinance of the Town of Lloyd and is issued and accepted subject to the provisions
of said statute and ordinance and in particular subject to the provision that
the Town of Lloyd and its officers and every peace officer of the State of
New York shall be allowed at all times free access to such (exhibition, carnival,
show), and every part thereof, and that this license may be revoked or annulled
at any time for any violation of law or for gambling on the premises or if,
in the opinion of the Town Board, such revocation or annulment will promote
public peace or the moral welfare of the community.
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The Town Board may assign Town peace officers as in its
opinion shall be required for policing the premises, at the expense of the
licensee.
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Dated _________________________ 19___________________.
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BY ORDER OF TOWN BOARD
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The application for the license shall be in substantially the following
form:
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TO THE TOWN BOARD OF THE
TOWN OF LLOYD:
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The undersigned __________________________________________
makes application for a license for ____________________________________ and
represents as follows:
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1. The name of the applicant is ________________________________,
and residence and permanent address __________________________.
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2. The following is a general description of the show, exhibition
or carnival proposed to be given: _________________________________________
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3. The place of proposed __________________________________
will be as follows: _________________________________________.
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4. The dates desired are ___________________________________.
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5. The only concession, games, etc., which will be allowed
on the grounds will be as follows: ___________________________________________.
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6. These concessions, games, etc., are owned and operated
by the following persons whose permanent addresses and residences are as follows:
______________________________________________.
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7. The undersigned agrees to comply with all provisions
of statute of the State of New York affecting the operation of said and also
of the License Ordinance of the Town of Lloyd and the provisions of the license
when issued.
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8. The applicant will provide security as required by said
ordinance as follows: _______________________________________________________.
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9. The applicant represents that there are no lewd or obscene
features to said ______________________________________________ or connected
with any of the concessions or games and that there will be no gambling and
the public peace will not be disturbed thereby.
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10. The applicant hereby agrees that the decision of the
Town Board of the Town of Lloyd shall be final and binding as to all matters
regarding the revocations or annulments of the license, if granted, under
the provisions of the statute of the State of New York, the License Ordinance
of the Town of Lloyd and the conditions set forth in said license and that,
if it is issued, the applicant accepts and agrees to be bound by all terms
of the license.
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11. The applicant hereby designates the Town Clerk of the
Town of Lloyd as a person upon whom any service or other process or notice
or paper may be served upon him with like force and effect as if personal
service thereof were made for the period of 30 days after the last date designated
in the license.
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State of New York,
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County of Ulster, ss.:
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(The petition or application shall be acknowledged as provided
by law for instruments affecting real property to entitle them to be recorded.)
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Should any penalty accrue under the terms of said license, the Supervisor
shall be entitled without any other action to deduct the amount thereof from
the cash deposit made with him at the time of returning the money, and he
shall also be authorized to retain any other charges for damages, additional
policing or otherwise to which the Town may be entitled.
Peace officers, for the purpose of maintaining order and preventing
abuse or disturbance, may be assigned for duty at any carnival, show or exhibition
to which a license shall be granted, and the proper compensation of such officers
shall be a charge against the licensee.
No license for the operation of a dance hall under the provisions of
§ 222 of the Town Law shall be granted except upon the resolution
of the Town Board of at least five members voting favorably.
The Town Board, in its discretion, before the granting of any license
for a dance hall, may require a public hearing upon publishing notice of at
least two weeks, the cost of the publication of the notice to be paid by the
applicant for the license. No person who shall be the holder of a dance hall
license shall be entitled to operate or hold dances at any other times or
places than those distinctly specified in the license. The Town Board may,
in its discretion, require as a condition for the granting of such a license
the authority to assign to duty at such dance hall, during the time it shall
be in operation, peace officers for the purpose of maintaining order therein.
The compensation of such peace officers shall be fixed by the Town Board and
shall be paid by the licensee, at least weekly, to the Supervisor of the Town
who shall be authorized to make the payment thereof to such peace officers.
A license for the operation of a dance hall shall terminate without
action of the Town Board upon the failure to make payment for the compensation
of said officers as same shall accrue, not less frequently than once in each
week, and the fact that pay for such officers remains unpaid for six days
to the Supervisor shall be conclusive evidence of the failure of the licensee
to comply with the provisions of this chapter.
[Amended 3-12-1980 by L.L. No. 4-1980]
Any person committing an offense against any provision of this chapter
shall, upon conviction, be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or by both such fine and imprisonment.
