No person, firm or corporation shall establish,
maintain or conduct the following businesses within the Town of Ellicott
without first having procured from the Town Clerk a permit for that
purpose: dance halls, theaters and moving-pictures houses, whether
indoors or outdoors; and carnivals and circuses which are run for
private gain, not including occasional dances or entertainments held
for the benefit of charity or local organizations.
The permit may be refused by the Town Clerk
when, after a thorough investigation, he has good reason to believe
that the applicant or applicants are not of good moral character or
have been convicted of a crime showing unfitness to conduct a business
or that the proposed location of such business endangers the peace
and welfare of the adjoining premises. Upon the refusal of a permit,
the Town Clerk must notify the applicant, in writing, stating the
reasons for his refusal. The applicant shall have the right to appeal
to the Town Board, which may grant or refuse his appeal. No permit
shall be refused except for a specific reason and for the protection
of the public health, safety, good order or morals.
No transfer of a permit as to ownership or location
shall be granted.
[Amended 9-5-1990 by L.L.
No. 2-1990]
The Town Board may revoke any permit upon the
recommendation of the Code Enforcement Officer, officer of the law
or by its own motion. When the Town Board believes sufficient cause
for complaint exists, it must set a place and time when it will hear
and determine the charges made. The person or persons against whom
complaint is made must be personally served with a written notice
stating the grounds of complaint and the place and time of hearing.
Such notice must be served at least five days before the hearing.
This chapter shall apply only to the portion
of the town outside the Incorporated Villages of Falconer and Celoron.
[Amended 9-5-1990 by L.L.
No. 2-1990]
Every violation of this chapter or any provision
thereof shall be punishable by fine not to exceed $250 or by imprisonment
for a period not exceeding 15 days, or both.