[HISTORY: Adopted by the Town Board of the Town of Lima 9-16-1976 by L.L. No. 1-1976. Amendments noted where applicable.]
A. 
Outdoor public musical entertainments, amusements and assemblies have occurred in New York State and other states on previously undeveloped sites, attended by assemblies exceeding 100 persons who camp on the site during the event in tents, trailers and other similar facilities usually furnished by the individual. The mass assembly of persons in the Town of Lima beyond its resident population would thereby cause problems and demands considerably beyond the capability of existing municipal services and facilities now available in the Town of Lima. In order to prepare for such an event, it would be necessary to provide a temporary community with all the services required for the health, welfare and safety of the persons in attendance. Adequate provision must be assured for sanitation and sanitary facilities and services; water supply; food service; garbage and refuse collection and disposal; hospital, medical, nursing and ambulance service; policing and traffic control; parking facilities and control; and communications and power systems, all of which are normally subject to governmental regulation and licensing. The temporary furnishings of such services and facilities for outdoor public musical entertainment, amusement or assembly intended to be attended by 100 or more persons similarly requires municipal approval and regulation.
B. 
Also, the conduct of such events would create a mass movement of people through the Town of Lima, principally upon its public streets and highways, of a magnitude not normally experienced by the Town of Lima, with the likelihood of damage and injury to persons and property within the Town of Lima. It is believed necessary that persons, corporations, organizations, landowners and lessees conducting such events must provide adequate financial assurance to protect persons and public and private property within the Town.
C. 
The Town Board of the Town of Lima therefore finds and declares that it is necessary for the government, protection, order, conduct, safety, health and well-being of persons and property within the Town of Lima in regard to outdoor public musical entertainments, amusements and assemblies catering to the general public, that certain rules and regulations be established and, further, that there is danger to the people attending or taking part in such events if proper sanitary, police and other health and safety measures are not adequately provided for and, further, that it is necessary to adopt under the police power of the Town a local law to regulate and license the holding of such outdoor public musical entertainments, amusements and assemblies.
[Amended 11-6-1997 by L.L. No. 3-1997]
It shall be unlawful for any person, persons, corporation, organization, landowner or lessee to organize, promote, conduct or cause to be conducted an outdoor public musical entertainment, amusement or assembly of persons within the Town of Lima, catering to the general public, for which said person, persons, corporation, organization, landowner or lessee believes or has reason to believe will attract 100 or more persons, unless a permit has first been obtained under this chapter for the operation of said outdoor public musical entertainment, amusement or assembly as provided by this chapter. Such permit shall be required for each such outdoor public musical entertainment, amusement or assembly. The fee for such permit to meet the cost of administering the same shall be set from time to time by resolution of the Town Board.[1]
[1]
Editor's Note: The fee schedule is on file in the Town offices.
Written application for a permit for such outdoor public musical entertainment, amusement or assembly shall be made to the Town Board of the Town of Lima, and said application must be submitted, in three copies, to the Town Clerk 90 or more days prior to the first day upon which such outdoor public musical entertainment, amusement or assembly is to be held. Determination granting or denying permits as herein provided for shall be made within 60 days after application therefor. No permits shall be granted unless the applicant complies with all requirements of this chapter. Denial of the permit by the Town Board shall be in writing.
Application for such permit shall be by verified petition addressed to the Town Board of Lima and shall be filed in compliance with the provisions of § 82-3 of this chapter. Such application shall include the following material:
A. 
A statement of the name, age and residence address of the applicant; if applicant is a corporation, the name of the corporation, the names and addresses of directors, officers and stockholders owning 5% or more of the number of shares outstanding of each class of stock; if the applicant is a partnership or other organized group of individuals, the names, addresses and ages of each and every individual associated with the partnership or other entity.
B. 
A statement containing the name and address of the owner of the property upon which the event is to occur and the nature and interest of the applicant therein; the proposed dates and hours of such event; the expected maximum number of persons intended to use the property at one time and collectively; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; the purpose of the function, including the nature of the activities to be carried on and the admission fees to be charged, if any; and the names and addresses of all concessionaires and other persons providing any services or facilities under contract, lease or other arrangement for the event.
C. 
An occupational survey map prepared by a professional engineer licensed by the State of New York showing the size of the property, the names of the record owners of the adjoining properties; the street or highways abutting said property; the size and location of any existing building, buildings or structures or other facilities to be erected thereon for the purpose of the assembly; the placement of the proposed distribution system of water; the location of any parking areas for automobiles and other vehicles and the means of ingress and egress to such parking area; all service and other roads serving the camping area, food services, toilet facilities, garbage and refuse collection facilities; and entertainment and performance areas.
D. 
A detailed plan and statement with drawings showing the methods to be used for the disposal of sanitary sewage.
E. 
A detailed plan and statement with drawings showing the distribution and supply system for supply, storage, treatment and distribution of drinking water.
F. 
A detailed plan and statement with drawings showing the layout of any parking area for automobiles and other vehicles and the methods of traffic control to be used thereon. Such parking area shall provide parking space of acceptable size for one motor vehicle for every four persons in attendance.
G. 
A detailed plan and statement with drawings showing the facilities for the preparation, storage, sale and distribution of food and the means of servicing such area. Such plan shall also detail the method and means of disposing of any garbage, trash, rubbish or other refuse.
H. 
A detailed plan and statement fully describing any private security personnel who will be engaged by the applicant to serve on or about the site during the event and the qualifications and source of such personnel.
I. 
A detailed plan and statement providing for fire protection, specifying the location of fire lanes, water supply and equipment or apparatus to be available for such purposes.
J. 
A detailed plan and statement specifying the facilities to be available for medical, surgical, nursing and ambulance service. The applicant shall furnish to the Town Board the addresses of all doctors, nurses, pharmacists and ambulance services the applicant will provide for the event prior to issuance of a permit.
K. 
A detailed description of all insurance policies and surety bonds to be provided by the applicant for the protection of the general public and the Town of Lima. Certificates of such insurance and bonds shall be submitted to the Town Board at least 15 days prior to the commencement date of the event.
L. 
A subscribed authorization from the landowner and the applicant to the Town and the County of Livingston to permit the Town and county and their lawful agents to go upon the property for the purpose of inspecting the same to determine if there is compliance with the requirements of this chapter and the permit, if granted; providing adequate police and fire protection; and protecting persons and property from danger.
M. 
A statement subscribed by the applicant that the applicant will specify in all advertising and promotional endeavors the limitation on the number of tickets to be sold or otherwise issued as specified in the permit and that the applicant will neither sell nor otherwise issue tickets at the site while the event is in progress.
A. 
No permit shall be issued unless the applicant shall furnish the Town of Lima and the County of Livingston with a comprehensive liability for damage to persons or property with limits of not less than $50,000/$1,000,000 for bodily injury or death and limits of not less than $50,000 for property damage, sufficient in form to save the Town and county harmless from any liability or causes of action which might arise by reason of granting of the permit and noncancelable without 10 days prior written notice to the Town.
B. 
No permit shall be issued unless the applicant shall deposit with the Town of Lima cash or good surety company bond, approved by the Town of Lima, in such sum as the Town Board may reasonably require and conditioned that all requirements of the permit will be fully performed by the applicant; that no damage will be done to any public or private property; and that the applicant will not permit any litter, debris or other refuse to remain upon any public or private property by reason of the granting of the permit; which cash shall be refunded or surety company bond canceled upon certification by the Town Board that all conditions of this chapter have been complied with. Such surety bond or cash shall serve as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the County of Livingston and the Town of Lima from any and all damage that may be caused by vehicles, employees or participants in such event and to be used, if necessary, to restore the ground where such event is held to a sanitary condition and pay all charges and losses to the county and the Town of Lima for damages to streets, pavements, bridges and other property.
C. 
Provided, further, that should the licensed event necessitate the employment of additional county or Town personnel and equipment, such added expense shall be recoverable from the principal and/or its surety. The deposit or its balance is to be returned when the Town Board has determined that no such damage has been done and that the county or Town did not incur such additional expense due to said event or that the costs of the above have been paid by the applicant.
D. 
If the applicant has provided in his application that any services or facilities are to be supplied by contract, lease or other arrangement with third parties, then no permit shall be issued unless the applicant shall obtain and submit to the Town cash or good surety company bond approved by the Town of Lima at least equal in amount to the consideration to be paid to or by such third parties for services and/or facilities to be furnished and conditioned that each such third party will fully perform its contract, lease or other arrangement with the applicant for the provision of such services and/or facilities as set forth in the application.
If a permit is granted by the Town Board, such permit shall set forth the maximum number of persons to be permitted to attend the event. The Town Board, in determining such maximum limit, shall take into consideration the capacity of the site and of available public highways and other means of transportation to and from the site. The applicant shall limit all ticket sales to such maximum number and shall include such limitation in all advertising. No tickets shall be sold at or near the site of the event during the term of the event. The applicant shall specify in all advertising and promotional endeavors the limitation of the number of tickets to be sold or otherwise issued and the unavailability of tickets at the site, while the event is in progress.
The permit shall not be granted if any of the items set forth in said application are determined by the Town Board to be insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or do not comply with any of the requirements of this chapter.
If after a permit is issued the Town Board, through its lawful agents, determines that any of the items required as a condition of the permit are not adhered to and accomplished within the required time limits or if any of the contracts, leases or other arrangements for provision of services and facilities or any insurance or surety bond shall become terminated prior to completion of the event, then this permit may immediately thereupon be terminated by action of the Town Board, unless breach or failure is promptly remedied within such time limit as may be reasonably imposed by the Town Board. Notice of termination of the permit shall be in writing, addressed to the applicant at the address set forth in the application.
A. 
Any person, persons, corporation, organization, landowner or lessee who shall organize, promote, conduct or cause to be conducted an outdoor public musical entertainment, amusement or assembly of persons within the Town of Lima catering to the general public, for which said person, persons, corporation, organization, landowner or lessee believes or has reason to believe will attract 100 or more persons, without having a written permit in accordance with the provisions of this chapter shall be deemed to have violated this chapter. Any person who commits or permits any act in violation of any of the provisions of this chapter shall be deemed to have committed a misdemeanor against such chapter and shall be liable for the penalties provided. A separate offense against this chapter shall be deemed committed on each day during or which the violation occurs or continues. A separate penalty may be imposed for each separate offense.
B. 
Each violation of a provision of this chapter shall be a Class A misdemeanor, and the person violating the same shall be subject to a fine of not more than $1,000 or imprisonment not to exceed one year, or both such fine and imprisonment.
C. 
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town of Lima in the amount of $1,000 for each offense.
D. 
In addition to the above provided penalties, the Town Board of the Town of Lima may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction one violation of such chapter.
This chapter shall not apply to outdoor public musical entertainments, amusements and assemblies sponsored by legally authorized veteran, educational, religious, fraternal, charitable, firemanic or nonprofit organizations, groups or associations of individuals whose regular such activities are carried on within the Town of Lima.