[Adopted 4-6-1987 ATM by Art. 65, approved
7-15-1987]
A.
This article is adopted to implement MGL c. 140, § 181,
governing public entertainment and to carry out the Town's authority
to promulgate bylaws to preserve public safety and order and to regulate
the internal police of the Town.
B.
SELECT BOARD
FIRE CHIEF
HEALTH INSPECTOR
ORGANIZED ATHLETIC EVENT
PERSON
POLICE OFFICER
PUBLIC ENTERTAINMENT
SUPERINTENDENT OF PUBLIC WORKS
As used in this chapter, the following words shall
have the meanings herein indicated:
The Select Board of the Town of Nantucket.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
The Fire Chief of the Town of Nantucket.
The Inspector of Health of the Town of Nantucket.
Any organized event not otherwise included in the definition
of "public entertainment," involving foot, bicycle or swim (or any
combination of the foregoing) competition, race or contest, that either
involves 10 or more participants or is open to the general public
to participate, and is planned to pass upon any public way or public
body of water in the Town of Nantucket.
[Added 4-8-1996 ATM by Art. 44, approved
7-15-1996]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A police officer of the Town of Nantucket Police Department
or an officer of any of the following police forces: Massachusetts
State Police, Metropolitan District Commission Police, Massachusetts
Capital Police, the Sheriff or any Deputy Sheriff for the County of
Nantucket or any Massachusetts municipal police department.
Any show, concert, theatrical exhibition, amusement or exhibition
of any kind, to which the public is invited to attend, whether occurring
on public or private property and regardless of whether an admission
is charged.
The Superintendent of Public Works of the Town of Nantucket.
[Amended 4-6-2015 ATM
by Art. 77, approved 8-5-2015]
This article shall not apply to events sponsored
by the Town of Nantucket or the Nantucket School Committee or to events
occurring in an establishment licensed under MGL c. 140, § 183A.
[Amended 4-8-1996 ATM by Art. 44, approved
7-15-1996; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
No person or persons shall engage in, participate
in, aid, perform at, form or sponsor any public entertainment reasonably
expected to attract 250 persons or more, unless a public entertainment
permit shall have been obtained from the Select Board. No person or
persons shall engage in, participate in, aid, perform at, form or
sponsor any organized athletic event, unless a public entertainment
permit shall have been obtained from the Select Board.
A.
A person seeking issuance of a public entertainment
permit shall file an application with the Select Board on forms provided
by the Board. If the application seeks a public entertainment permit
for an organized athletic event, the Select Board may forward the
application for review and recommendation to the Nantucket Park and
Recreation Commission.
[Amended 4-8-1996 ATM by Art. 44, approved
7-15-1996; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B.
Filing period. An application for a public entertainment
permit shall be filed with the Select Board not less than 30 days
before the date on which the event is proposed to occur.
[Amended 4-8-1996 ATM by Art. 44, approved
7-15-1996; 4-10-2000 ATM by Art. 60, approved 8-2-2000; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C.
Contents. The application for a public entertainment
permit shall set forth the following information:
(1)
The name, address and telephone number of the person
or persons seeking to sponsor such an event.
(2)
If the event is proposed to be sponsored for, on behalf
of, or by an organization, the name, address and telephone number
of the headquarters of the organization and of the authorized and
responsible heads of such organization.
(3)
The name, address and telephone number of the person
who will be the event organizer and who will be responsible for its
conduct.
(4)
The date when the event is to be conducted.
(5)
The location of the event.
(6)
The hours when such event will start and terminate.
(7)
The means by which the public entertainment event
shall be accessible to people with visual or communication disabilities.
[Added 4-12-1994 ATM by Art. 72, approved
4-29-1994]
(8)
Any additional information which the Select Board
shall find reasonably necessary to a fair determination as to whether
a permit should be issued.
[Amended 4-12-1994 ATM by Art. 72, approved
4-29-1994; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
D.
Late applications. The Select Board, where good cause
is shown therefor, shall have the authority to consider any application
hereunder which is filed less than 30 days before the date such event
is proposed to be conducted.
[Amended 4-10-2000 ATM by Art. 60, approved
8-2-2000; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
E.
Fee. From time to time the Select Board may set a reasonable nonrefundable
application fee for a public entertainment license.
[Amended 4-6-2015 ATM
by Art. 77, approved 8-5-2015; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
[Amended 4-12-1994 ATM by Art. 72, approved
4-29-1994; 4-8-1996 ATM by Art. 44, approved 7-15-1996;4-6-2015 ATM by Art. 77, approved 8-5-2015; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
A.
The Select Board shall schedule a public hearing on
the application within 30 days after the filing thereof; provided,
however, that the Select Board may choose to dispense with such hearing
whenever the application before the Board is for a repetition of,
or a regular occurrence of, a public entertainment or organized athletic
event that has previously been issued a permit hereunder. Notice of
the time and place of the hearing shall be given by the Board at the
expense of the applicant, not less than 10 days prior to the hearing,
by publication in a newspaper of general circulation in Nantucket
and by mailing a notice to the applicant, the Police Chief, the Fire
Chief, the Superintendent of Public Works and the Health Inspector.
B.
The Select Board shall issue a permit after the public
hearing as provided for hereunder when, from a consideration of the
application and from such information as may be obtained at the hearing,
including any recommendation that may be received from the Nantucket
Park and Recreation Commission, the Board finds that:
(1)
A minimum of one police officer for every 200 persons
expected shall be provided by the sponsor at the sponsor's own expense.
However, the conduct of the event shall not require the diversion
of so great a number of police officers of the Town as to prevent
normal police protection to the Town.
(2)
A sufficient number of lavatories, including handicap-accessible
lavatories, for persons reasonably expected to attend, as determined
by the Health Inspector, shall be provided by the sponsor at the sponsor's
own expense.
(3)
A sufficient a number and type of trash receptacles,
as determined by the Director of Public Works, shall be provided by
the sponsor at the sponsor's own expense.
(4)
Adequate emergency medical personnel in attendance,
as determined by the Fire Chief, shall be provided by the sponsor
at the sponsor's own expense.
(5)
Adequate liability insurance shall be provided by
the sponsor in an amount to be determined by the Select Board.
(6)
The Select Board may, for good cause shown, waive
one or more of the preceding requirements.
(7)
Appropriate food service permits shall be obtained from the Health
Department for any and all events where food items are served to the
public.
C.
The Select Board shall issue or deny the application
no more than 10 days following the hearing thereof or following the
date of the decision to dispense with a hearing for a repetitive event,
whichever is applicable. If the Board disapproves the application,
it shall mail to the applicant, within four days after the date of
its decision, a notice of its action, stating the reasons for its
denial of the permit. If the Board approves the issuance of a public
entertainment permit, said permit shall be subject to the terms and
conditions set forth therein and a copy of said permit shall be sent
to the following:
Any person or persons who violate any provision
of this chapter or any condition of a permit issued pursuant to it
shall be punished by a fine of not more than $300. Each day or portion
thereof during which a violation continues shall constitute a separate
offense; if more than one, each condition of a permit violated shall
constitute a separate offense.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
The Select Board shall have the authority to
revoke a public assembly permit issued hereunder for failure to comply
with the conditions set forth therein.
The provisions of this article are hereby declared
to be severable and if any provision, or the application of such provision,
to any person, persons or circumstances, shall be determined to be
invalid, such invalidity shall not be construed to affect the validity
of any other provision hereof or the application of any provisions
to any other person, persons or circumstances. The invalidity of any
section or provision of this article shall not invalidate any other
section or provision thereof.
