[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. 
As used in this chapter, the following words shall have the meanings herein indicated:
SELECT BOARD
The Select Board of the Town of Nantucket.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
FIRE CHIEF
The Fire Chief of the Town of Nantucket.
HEALTH INSPECTOR
The Inspector of Health of the Town of Nantucket.
ORGANIZED ATHLETIC EVENT
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]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
POLICE OFFICER
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.
PUBLIC ENTERTAINMENT
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.
SUPERINTENDENT OF PUBLIC WORKS
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:
(1) 
The Police Chief.
(2) 
The Fire Chief.
(3) 
The Superintendent of the Department of Public Works.
(4) 
The Inspector of Health.
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.