[HISTORY: Adopted by the City Council of the City of Glen Cove 8-25-1981
by L.L. No. 1-1981 as Ch. 16, Arts. III and X, of the 1981 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes fairs, festivals, flea markets, car shows, circuses, parades,
concerts, art shows, plays, races, public shows, performances, exhibitions,
entertainments or amusements of any kind or description.
It shall be unlawful for any person, either as owner, manager, agent,
employee or performer, within the corporate limits of the city, to conduct,
exhibit, carry on, produce, parade or take part in any amusement, as herein
defined, without first having obtained and paid for as required a permit to
be issued by the City Clerk, with the exception of any events held on any
school properties.
No permit shall be granted for any amusement which includes mechanical
rides, shooting galleries, carnival barkers or any noise or excessive lighting
which could, in the judgment of the City Clerk, be considered offensive to
residents in any neighboring residential districts, unless the applicant files
with such application the written consent or petition favorable to the same
from persons owning or occupying a majority of the frontage of the property
on the same side of the street within 500 feet of each side of the lot or
lots upon which it is proposed to operate such amusement and the like consent
from owners or occupants of a majority of 1,000 feet of frontage on the opposite
side of the street or streets determined by measuring 500 feet each way from
a point opposite the middle of the frontage of the land proposed to be occupied
by such amusement.
A.
Contents. Any person 21 years of age or older desiring
to procure a permit as herein provided shall file with the City Clerk a written
application. Such application shall contain a description of the location
of the amusement, written permission of the property owner if other than the
applicant, a description of the kind of entertainment involved, the date or
dates on which the amusement will be held, the name and post office address
of the applicant, and, if the applicant is not the owner of the amusement,
the name and post office address of such owner, and such other information
as the City Clerk may require.
B.
Fees required.
(1)
Any amusement which is conducted by a bona fide nonprofit
organization exclusively shall be exempt from any fee which may be required
for the issuance of a permit.
(2)
Any amusement which is held for other than a bona fide
nonprofit organization shall pay a fee as set forth from time to time by the
City Council[1] for the duration of such amusement. Such fee shall be payable
to the City Clerk, in full, at the time of the issuance of the permit.
[Amended 12-27-1994; 7-11-1995[2]]
C.
Insurance required. Any amusement which includes mechanical
rides shall furnish proof of insurance, the nature and amount to be determined
by the City Clerk, based upon the risk involved and the probable number of
participants. All mechanical rides shall be inspected as provided by state
regulations.
A.
Issuance of permit. Upon the filing of the application as provided in § 83-4A together with the payment of any fee, as required in Subsection B of such section, the City Clerk shall issue to the applicant a permit as provided in § 83-2 of this chapter. No permit shall be refused or revoked, except for a specific reason as hereinafter provided for in § 83-6.
B.
Assignability. A permit shall not be assignable. Any
holder of such permit who allows it to be used by any other person, and any
person who uses such permit granted to any other person, shall be guilty of
a violation of this chapter.
C.
Duplicate permits. Whenever a permit shall be lost or
destroyed by the holder or his or her agent or employee, a duplicate permit
may be issued by the City Clerk upon the filing with the City Clerk by the
permit holder of an affidavit setting forth the circumstances of the loss
and what, if any, search has been made for its recovery.
D.
Contents, record of permits. All permits shall be numbered
in the order in which they are issued and shall state clearly the location
of the place at which the amusement is to be held, the kind of entertainment
involved, the dates of issuance and expiration of the permit, the fee paid,
if any, the amount of insurance provided, if any, and the name of the permit
holder.
E.
Notification of Chief of Police. Upon the issuance of
a permit, the City Clerk shall have delivered to the Chief of Police an exact
copy or duplicate of such permit.
A.
The City Clerk may, at any time, for a violation of this chapter or any other law, or for the protection of the public safety, health, morals or general welfare of the residents of the city, refuse to issue and/or suspend or revoke any permit pursuant to § 83-2 of this chapter. When a permit is refused and/or revoked, notice of such shall be served by the City Clerk, in writing, upon the person named in the application. No further application shall be made until a period of six months shall have elapsed since the last previous rejection, unless such person can show that the reasons for such rejection no longer exist.
B.
When a permit is revoked, no refund of any portion of
the permit fee shall be made.
Any and all security necessary, beyond that which is provided within
the regular duties of the Glen Cove Police Department, shall be the responsibility
of the applicant.
