[HISTORY: Adopted by the Town Council of
the Town of Monroe 1-11-1960 (Ch. 35 of the 1976 Code). Amendments noted where applicable.]
[Amended 5-13-1976]
No person shall use any premises or part thereof
for holding, conducting, producing or displaying, indoors or outdoors,
any exhibitions, public amusements or sporting events for which an
admission charge or other charge is made unless he shall have an amusement
license of the proper class issued by the Chief of Police for the
premises so used. The provisions of this section shall apply to exhibitions,
public amusements or professional or amateur sports conducted by public
or private schools or charitable, religious, welfare, fraternal, civic
or volunteer firemen's organizations or bona fide veterans' organizations,
as well as any person who engages in the business of holding, conducting,
producing or displaying exhibitions, public amusements or professional
sports as principal, agent, employee or contractor. Events held on
municipally owned property are exempt from the provisions of this
section if sponsored by the municipality.
Amusement licenses shall be classified according
to the purpose for which issued, as follows:
A.
Amusement license, theatrical, which shall permit
the conduct of theatrical performances, whether with living actors
or by motion pictures.
B.
Amusement license, dance, which shall permit the conduct
of dances.
C.
Amusement license, carnival, which shall permit the
conduct of a circus, carnival or other portable show or exhibition.
D.
Amusement license, sport, which shall permit the conduct
of a sporting contest.
E.
Amusement license, musical, which shall permit the
conduct of concerts and other musical performances, whether indoors
of outdoors.
[Added 5-13-1976]
F.
Amusement license, other, which shall permit the conduct
of various events and gatherings, whether indoors or outdoors, which
do not fall into any of the above categories, e.g., beer festivals,
wine-tasting parties, etc.
[Added 5-13-1976]
A.
Application for license.
(1)
Any person desiring an amusement license shall make
application to the Chief of Police for such license on a form provided
by such officer. Such application shall state the class of license
desired, the name and address of the applicant and, if the applicant
is a partnership or corporation, the names and addresses of the partners
or principal officers. Each application shall describe the premises
proposed to be used by the applicant.
(2)
Upon the receipt of any application for an amusement
license, the Chief of Police shall cause an inspection to be made
of the premises described in such application. Said inspection shall
take into consideration the following standards for issuance of a
license: general site location, public access and egress, accessibility
to emergency vehicles and apparatus, public capacity, parking capacity,
traffic congestion, hours of operation, duration of event, impact
on the environment and adjoining property owners and such other factors
as may bear upon the application. Any standard which cannot be met
and creates a condition which is deemed to be detrimental to the general
health, safety and public welfare shall be grounds for denial of the
requested license.
[Amended 5-13-1976]
(3)
The Chief of Police shall determine if the event for
which a license is sought requires the presence of one or more police
officers and shall make such requirement a condition of the license.
Whenever special police officers are required at an event, the applicant
shall make arrangements for such police protection with the Chief
of Police and shall pay for such services at the current rate.
[Added 5-13-1976]
(4)
Each applicant for an amusement license who intends
to use or employ passenger-carrying devices shall furnish proof of
financial responsibility in the form of a certificate that the applicant
and the owner and operator of each such device, if the applicant is
a person other than the owner and operator, is insured, with respect
to each such passenger-carrying device, for liability for personal
injury and property damage and that such insurance has personal injury
limits of $100,000/$300,000 and property damage limits of $5,000/$25,000.
Such certificate of insurance shall provide that such insurance will
not be canceled except upon five days' notice of cancellation to the
Chief of Police of the Town of Monroe. Each applicant may be required
to furnish a certificate of inspection by a licensed engineer certifying
that such passenger-carrying device has been examined within 30 days
of the date of application and has been found to be safe for the carrying
of passengers.
(5)
Each applicant for an amusement license for the conduct
of a circus, carnival or other portable show or exhibition to be presented
out of doors or under a tent or other portable shelter and involving
the assembly of 100 or more persons shall furnish proof that a license
for the operation of such circus, carnival or portable show or exhibition
has been issued by the Commissioner of Public Safety.[1]
B.
Term. Amusement licenses issued by the Chief of Police
shall remain in force for such period, not exceeding six days, as
shall be stated on the license.
C.
Sign. The Chief of Police shall furnish with each
license a suitable sign to be posted on the premises to be used.
D.
Conditions.
(1)
An amusement license may be issued upon the condition
that the amusement be policed by such number of regular or special
policemen as the Chief of Police may deem necessary in the interests
of public safety. The compensation of the regular or special policemen
shall be paid by the licensee.
(2)
No amusement license shall be issued by the Chief
of Police where he deems the proposed event to be to the detriment
of public health, welfare or safety or to create what he deems to
be a public nuisance. A determination by the Chief of Police that
an amusement license will not issue shall be appealed, if the applicant
objects thereto, to the Town Council of Monroe, where an affirmative
vote of a two-thirds majority of the Council will reverse the decision
of the Chief of Police.
[Added 12-28-1970]
[Amended 5-13-1976; 12-10-1990]
A.
The following fees shall be charged for amusement
licenses:
(1)
Amusement license, theatrical: $10 for the first day
and $2 for each additional day.
(2)
Amusement license, dance: $10 for the first day and
$2 for each additional day.
(3)
Amusement license, carnival: $25 plus $5 for each
passenger-carrying device.
(4)
Amusement license, sport: $10 for each day
(5)
Amusement license, musical: $10 for the first day
and $2 for each additional day.
(6)
Amusement license, other: $10 for each day.
B.
The above fees shall be waived where the applicant
for a license is a local public or private school or a charitable,
religious, welfare, fraternal, civic or volunteer firemen's organization
or a bona fide veterans' organization.
Each person holding an amusement license shall
display in a conspicuous place on the premises to which such amusement
license applies a sign issued by the Chief of Police indicating that
a license has been issued. Such sign shall contain the amusement license
number and the date of expiration of such license.
No person conducting any professional sport,
exhibition or public amusement under an amusement license shall permit
any person under the age of 12 years, unaccompanied by an adult, to
enter or remain upon the premises where such sport, exhibition or
public amusement is being conducted after 8:00 p.m.
Any amusement license may be revoked by the
Chief of Police upon the failure of the licensee to provide such insurance
or police protection as may have been required under these regulations.
