[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.
[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:
(3) The Superintendent of the Department of Public Works.
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.