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Town of Ellicott, NY
Chautauqua County
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Table of Contents
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[HISTORY: Adopted by the Town Board of the Town of Ellicott 1-2-1929; amended in its entirety 5-26-1948.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance appeared as former Ch.8 of the 1962 Code, adopted 12-5-1962.
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.
A. 
Every person, association or corporation desiring to establish, maintain or conduct any of the above-mentioned businesses shall make application, in writing, to the Town Clerk for a permit. Such application shall contain the following information:
(1) 
The names and addresses of the applicants and managers.
(2) 
Whether any of the applicants or managers have been convicted of a crime and, if so, when, where and for what offense.
(3) 
The location of the business, together with the size of the premises used, including the number of rooms.
(4) 
Such other information as the Town Clerk may from time to time require.
B. 
Fees.
(1) 
At the time of making application for such permit, the applicant shall pay to the Town Clerk a license fee or fees as follows:
(a) 
For dance halls, theaters and motion-picture houses, whether indoors or outdoors, a fee of $25 per year or such prorated portion thereof as may be required for the balance of the fiscal year to the 31st day of December next succeeding. Each such license shall expire on the 31st day of December of each year, and all applications for renewal shall be accompanied with the payment of an annual license fee of $25 per year.
(b) 
For carnivals or circuses, a fee of $25. Each such license shall expire 15 days after the date of first performance.
(2) 
Fees so collected by the Town Clerk shall be paid by the Town Clerk to the Supervisor and deposited in the general funds of the town.
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.
A. 
It shall be the duty of all conducting the above businesses, at all times, to keep the premises in a clean and sanitary condition, subject to the inspection of the Health Officer of said town.
B. 
It shall be the duty of all conducting the above businesses to keep the premises in a clean and sanitary condition at all times, subject to the inspection.
[Amended 9-5-1990 by L.L. No. 2-1990]
[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.