No license shall be granted to conduct public entertainment until a written application is filed with the Town Clerk, signed by the person proposing to conduct such public entertainment, which application shall be accompanied by the affidavit of the applicant setting forth:
A. 
The precise nature of the public entertainment.
B. 
That the same is free from lewd or obscene features and that no gambling or other violation of law shall be practiced and that the actors or other persons connected therewith do not and shall not engage in immoral pursuits.
C. 
Whether or not the applicant has ever been convicted of a misdemeanor or felony.
D. 
Such other information as the Town Clerk shall deem necessary or appropriate.
Upon the filing of such application and affidavit and the payment by the applicant of the license fee herein fixed, the Town Clerk shall investigate or cause to be investigated the nature of the public entertainment and the matters of concessions, games and practices connected therewith. If the Town Clerk shall find that the application and affidavit and investigation merit the issuance of a license, the same shall be issued by the Town Clerk. If, however, the Town Clerk shall refuse to issue a license, the applicant may apply to the Town Board therefor in accordance with Town Law § 137. If the Town Board shall decide to grant such license, it shall do so in writing. The license to be issued pursuant to this section shall set forth the receipt of said fee, the place at which said public entertainment shall be conducted and the length of time for which it shall be conducted within the Town and at said location and shall further contain an express provision that the police authorities of the Town shall have free access to such public entertainment. In case a license is refused, the license fee shall be returned to the applicant.
The license fee for any license issued pursuant to this article shall be $25 for each day that the public entertainment is to be conducted in the Town.
Any person committing an offense against any provision of this article shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense.