[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford as Ch. 4 of the 1971 Code. Amendments noted where
applicable.]
[Amended 9-11-1994 by L.L. No. 1-1994]
A.
No person
without first having obtained a license therefor, as provided in this
chapter, shall conduct in the Village of New Hartford any circus,
menagerie, tent show, outdoor entertainment or any theatrical, musical
or entertainment performance or exhibition or any public entertainment
or concert for which admission money is demanded or which is conducted
for gain or profit or keep or conduct any billiard room, poolroom,
bowling alley, shooting gallery or other similar place of amusement
for money or hire; provided, however, that this section shall not
apply to baseball or football games or field sports or amateur concerts,
performances or exhibitions or to performances, concerts or exhibitions
given for benevolent purposes approved by the Mayor of the Village.
Notwithstanding the foregoing, the provisions of this chapter
shall apply to dances, including dance exhibitions, which are conducted
by any person, organization or group where any admission charge, directly
or indirectly, is made.
[Amended 9-11-1994 by L.L. No. 1-1994]
Any person applying for a license under this section for the
following activities shall, at the time of making application therefor,
pay a fee as set forth from time to time by resolution of the Board
of Trustees:
A.
For each license for a circus, menagerie, show, outdoor theatrical
performance or other outdoor exhibitions and performances.
B.
For each license for keeping or conducting a billiard room, shooting
gallery, bowling alley or other similar place of amusement for money
or hire.
C.
For each license for conducting a dance or dance exhibition by a
duly constituted religious, educational or charitable organization.
[Amended 9-11-1994 by L.L. No. 1-1994]
Any person, organization or group violating any provisions of
this chapter shall be guilty of an offense punishable by a fine of
not more than $250 or by imprisonment for not more than 15 days, or
both.
A.
The Mayor of the Village shall issue all licenses, which shall be
signed by him and countersigned by the Village Clerk, who shall keep
a record thereof, including the number and date of the license, the
time and purpose for which it is granted and the amount of fee to
be paid therefor; and, upon presentation of such license to the Treasurer
of the Village, so signed and countersigned, and the payment to the
Treasurer of the fee therein specified, the Treasurer shall endorse
thereon his receipt of the license fee, showing that such fee is paid
therefor. A license shall not take effect until the receipt of the
Treasurer shall have been endorsed thereon, showing that the fee has
been paid therefor.
B.
A license shall only be issued to such person as the Mayor of the
Village shall deem to be a fit and proper person to conduct the trade,
occupation or activity for which the license is required, and a license
may be refused for any trade, occupation or activity which shall,
in the judgment of the Mayor of the Village be carried on in any building
or place which is not provided with a suitable and safe means of ingress
and egress in case of emergency and does not comply with the standards
established for such buildings or places by the New York State Uniform
Fire Prevention and Building Code or which shall be likely to be immoral
or improper or disturb the peace and order of the Village or where
sufficient and adequate precautions are not taken to assure the orderly
conduct of such trade, occupation or activity.
[Amended 9-11-1994 by L.L. No. 1-1994]
C.
Any applicant who shall have been refused a license by the Village
Mayor under the provisions of this chapter may apply to the Board
of Trustees of the Village at a meeting thereof for the same, and
such license may be granted or refused by the Board of Trustees.
D.
The Mayor of the Village may suspend any license theretofore granted
until the next meeting of the Board of Trustees, and, thereupon, such
a license may be continued or may be revoked by the Board of Trustees
for cause shown, after notice to the licensee. Every such license
shall specify the object and length of time for which it is granted
and when it shall expire. All licenses granted as provided in this
chapter shall expire on the first day of March in each year, except
such licenses as may be granted for one or more days as provided in
any of the foregoing provisions of this chapter.
E.
Whenever any license shall have been revoked by the Board of Trustees,
a notice of such revocation shall be served by the Village Clerk upon
the licensee, either personally or by mail, whereupon such license
shall be of no force or effect.[1]
[1]
Editor's Note: Former § 4-3 of the 1971 Code, Sunday
motion pictures, which immediately followed this subsection, was repealed
9-12-1994 by L.L. No. 1-1994.
