[Amended 8-14-1978 by L.L. No. 6-1978]
No person shall exhibit, for money or hire, any circus, theatrical
representation, feats of horsemanship, caravan of animals or any animals
or artificial curiosity, or any other outdoor shows, exhibitions,
performances or common shows, including a carousel, Ferris wheel,
gravity steeple chase, scenic cave, bicycle carousel, scenic railway,
striking machine, switchback, merry-go-round, puppet show, ball game
and other shows of like character, but not including recreational
activities conducted on any public grounds under the supervision of
the Recreation Commission, without first obtaining a license from
the Mayor as herein provided.
[Amended 8-14-1978 by L.L. No. 6-1978]
Every person applying for a license to the Mayor of the village for any of the purposes set forth in §
115-1 shall produce satisfactory evidence of character and that he is a citizen of the United States and is upwards of 18 years of age, except in the case of a corporation.
No license hereunder shall be issued until the provisions of
this chapter have been complied with and the fees therefor shall have
been paid to the Village Clerk.
[Amended 8-14-1978 by L.L. No. 6-1978; 11-3-1997 by L.L. No. 8-1997; 4-6-1998 by L.L. No. 14-1998]
Fee for a license to conduct any exhibition or performance or
other amusement provided for herein shall be in an amount as established
by resolution by the Board of Trustees.
A person operating any of the enterprises hereinabove set forth in §
115-1 shall exhibit his license upon the request of a police officer or other officer of the village.
Upon surrender or cancellation of a license hereunder, the fact
of such surrender or cancellation shall be entered upon the stub thereof
in the license book by the Village Clerk.
[Amended 4-16-1998 by L.L. No. 14-1998]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
PUBLIC PLACE
A place to which the public or substantial group of persons
has access and includes but is not limited to highways, schools, places
of amusement, parks, playgrounds, and parking lots.
RIDE
Ferris wheel, roller coaster or any other device that moves
and in which a person under the age of 18 years would be permitted
to sit or stand for amusement or entertainment.
GAME
An activity engaged in for the entertainment or amusement
of persons and in which a person under the age of 18 years is permitted
to participate.
B. No person shall operate, supervise or take money or tickets for any
ride, game, game booth, show or performance of any kind, in which
a person under the age of 18 years is permitted to participate or
attend, where the ride, game, game booth, show or performance is conducted
in any public place within the boundaries of the village without having
first obtained a license to do so from the Chief of Police.
C. Every person applying for a license to the Chief of Police shall
complete an application which shall ask the following: name of the
applicant; address of the applicant; date of birth; the addresses
of the applicant for the prior 10 years; and if the applicant has
ever been convicted of a crime and if yes, the age of the victim,
the police agency that made the arrest and the court of conviction.
D. Eligibility for license. To be eligible for a license, the applicant
must be a citizen of the United States or, if not, be granted permission
to work in the United States by the Immigration and Naturalization
Service and must not have been convicted of any of the following offenses
that are defined in the New York State Penal Law:
(1) Any sex offense as defined in Article 130 (Sex Offenses).
(2) Murder in the first or second degree as defined in Article 125.
(3) Any offense defined in Article 135 relating to kidnapping or unlawful
imprisonment.
(4) Any offense defined in Article 220 (Controlled Substance Offenses).
(5) Any offense defined in Article 221 (Offenses Involving Marijuana).
(6) Any offense defined in Article 235 (Obscenity and Related Offenses).
(7) Any offense defined in Article 245 (Offenses against Public Sensibilities).
(8) Any offense defined in Article 260 (Offenses Relating to Children
and Incompetents), except §§ 260.00 and 260.05.
(9) Any offense defined in article 263 (Sexual Performance by a Child);
(10)
The offense defined in § 240.25 (Harassment in the
First Degree) and § 240.26, Subdivisions 2 and 3 (Harassment
in the Second Degree).
(11)
An attempt to commit any of the previously designated offenses.
E. Issuance of license. Should the applicant be eligible for the license,
the license shall be issued. Upon notification of approval, the applicant
shall respond to police headquarters, submit a processing fee, in
the amount as determined by the Board of Trustees, and be given his/her
license after being photographed. The photograph shall be part of
the license. The license shall be a picture identification card, which
shall also contain his/her name and the expiration date. The license
shall be valid for one year from the date of issuance.
F. Replacement of lost license. Should a licensee lose the license, it may be replaced after submitting the processing fee as indicated in §
115-8E. The expiration date shall not change with a replacement license.
G. Display of license. Any person issued a license pursuant to §
115-8E of this chapter shall display the license on the licensee's outermost garment over the left breast in full public view while performing any activity designated in §
115-8B of this chapter.
H. Unlawful display of license. No person shall display a license that
has not been issued to himself/herself, and no licensee shall permit
his/her license to be displayed on another person.
I. Revocation of license. A license may be revoked by the Chief of Police should the applicant become ineligible due to any of the reasons indicated in §
115-8D of this chapter or after a hearing to establish a violation of this section or other law while operating a ride, game or while performing any other activity as defined in §
115-8B of this chapter.
J. Appeal of denial of license. A person may appeal the denial or revocation of the license by the Chief of Police to the Mayor and Board of Trustees for any reason other than a reason as defined in §
115-8D of this chapter.