[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 10-1-1981. Amendments noted where applicable.]
A.
Conduct of public exhibitions. No person shall conduct
a public exhibition, including a circus, fair, carnival, rodeo, feat
of horsemanship, menagerie, caravan of animals, animal show, exhibition
of any natural or artificial curiosity or performance or exhibition
of such nature, within the Town of Wawayanda without first obtaining
a license for such performance or exhibition from the Town Clerk.
B.
Operation of certain amusement devices. No person
shall operate any premises wherein are located any mechanical amusement
devices for the playing of games commonly known as "pinball machines,"
bowling alleys, shooting galleries, mechanical grabbing machines,
billiard or pool tables, mechanical musical devices commonly known
as "jukeboxes" or any game, operation or transaction similar thereto,
under whatever name it may be indicated, whether or not a prize is
offered and whether mechanical, electrical or electromechanical, without
first obtaining a license for each such premises from the Town Clerk.
Applications for licenses shall be made upon
forms to be supplied by the Town Clerk for that purpose. Applications
shall contain the following information:
A.
For all licenses required by this chapter:
(1)
The name and address of the applicant.
(2)
The type of person; whether individual, partnership,
corporation or other type of legal person.
(3)
The age, date and place of birth and citizenship of
the applicant and any resident natural agent of the applicant.
(4)
If the applicant is a partnership, the names, addresses
and citizenship of all persons having an interest in the business.
(5)
If the applicant is a corporation, the names, addresses
and citizenship of all officers.
(6)
Any prior convictions of the applicant or any resident
natural agent of the applicant for violation of any law or ordinance.
(7)
A statement that the applicant shall comply with all
local, county, state and federal requirements.
B.
For licenses to conduct public exhibitions as required by § 46-1A of this chapter:
(1)
The proposed location and duration of the exhibition.
(2)
The nature of the exhibition to be presented.
(3)
A detailed list of each exhibition, entertainment,
performance and/or amusement device to be located on the proposed
location of the event.
(4)
The number of pieces of equipment for music and all
loudspeaker devices and other devices for the amplification of sound.
A.
Upon presentation of an application as provided herein,
the Town Clerk shall refer such application to the Town Attorney or
other person designated by the Town Board for a full investigation
as to the truth of the statements contained therein and as to any
or all other matters which might tend to aid the Town Board in determining
whether or not such application should be granted.
B.
The Town Board, upon receipt of a written report by
the investigator, shall decide whether or not a license shall be issued,
considering among other things the effect of the amusement or exhibition
upon the peace, welfare and good order of the Town Board.
C.
In granting licenses, the Town Board may approve or
disapprove each particular exhibition or amusement device and may
also approve or disapprove any lighting system or device emitting
or amplifying sound used at any exhibition, as well as impose further
conditions, the violation of which shall constitute a violation of
this chapter and shall subject the violator, upon conviction, to the
penalties provided for offenses against this chapter.[1]
A.
An annual license renewal is required on January 1 for places wherein are located any mechanical amusement devices as described in § 46-1B of this chapter. Renewals of such licenses shall require merely the updating of any obsolete information contained in the original application for license, submission of the annual license fee and approval of the renewal by the Town Board. Renewals shall be applied for at least 60 days prior to the date of expiration of the current license. There shall be an annual license fee of $10 for three mechanical amusement devices and $5 for each additional mechanical amusement device.
[Amended 4-1-1982; 4-8-1993 by L.L. No. 2-1993]
B.
The license fee for each public exhibition as described in § 46-1A shall be $25 for each day such exhibition shall continue, payable at time of application. No renewals of such licenses shall be granted, but subsequent exhibitions by past licensees shall require complete new applications and investigations, unless such requirements shall be waived by the Town Board.
C.
License fees submitted with applications which are
either withdrawn by applicants or denied by the Town Board shall be
refundable, less actual costs of investigation incurred by the Town.
Unexpended or unused licenses shall not, however, enable the licensee
to gain a refund of license fees paid for licenses after such licenses
shall have been approved by the Town Board.
Before any license shall be issued for any exhibition
or amusement device hereunder, the applicant may, at the discretion
of the Town Board be required to secure a public liability insurance
policy in such principal sum as the Town Board may deem sufficient
to protect members of the public, executed by the applicant and conditioned
that the Town will be saved harmless for any injury to persons or
property because of fault or default by the licensees. Said policy
shall be issued by a bonding company authorized to do business in
the State of New York, in form approved by the Town Attorney, and
filed with the Town Clerk. A bond or certified check shall be required
in the amount of $250 for cleanup and return of property to previous
condition. Such bond or certified check shall be returned upon satisfactory
inspection by the Superintendent of Public Works.
Nonprofit organizations of the Town of Wawayanda,
including organizations of a charitable, religious, educational, veteran
or firemanic nature, shall be exempt from the fees for licenses required
by this chapter but shall be required to secure a license for exhibitions
or amusement devices required to be licensed and shall observe all
rules of conduct for licensees established herein.
Licensees shall not permit gambling at any licensed exhibition or on any licensed premises, except as may be permitted by any bingo local law which may hereafter be enacted by the Town Board. Licensees shall not permit persons under 18 years of age to play or operate any mechanical amusement device as described in § 46-1B of this chapter. No licensee shall permit the giving of any performance of a lewd, suggestive, vulgar or immoral type or the use therein of any indecent or obscene language or any behavior tending to corrupt the public morals or incite the public to break any law or ordinance. No licensee shall permit any disorderly, lewd, dissolute, drunken or boisterous person, any person under the influence of an intoxicating liquor or narcotic or hallucinogenic drug or any person whose conduct tends in any way to corrupt the public morals to be admitted to or to remain in or about any licensed exhibition or premises.
A.
Licensees shall post their licenses conspicuously
at the location of the licensed exhibition or on the premises licensed.
B.
Licensees desiring to transfer their license to new
locations within the Town or to change or revise their list of licensed
amusement devices shall submit application for such relocation, change
or revision to the Town Clerk for approval by the Town Board. No refund
of any license fee shall be made if any application for relocation,
change or revision is disapproved.
C.
No license shall be transferable from one person to
another.
A.
The Town Board reserves the power to revoke any license
issued under the provisions of this chapter at any time in cases in
which such licenses were procured by fraud or false representation
of facts or for the violation of or failure to comply with any provision
of this chapter by any licensee or servants, agents or employees of
licensees or the conviction of the licensee of any crime or offense
involving moral turpitude or the conviction of any of his servants,
agents or employees of any crime or offense involving moral turpitude
committed on the location or premises licensed.
B.
In the case of any public exhibition as described in § 46-1A of this chapter, such revocation may be without notice, and upon the service of a notice of revocation by either person, mail or posting on the location for which a license is issued, said public exhibition shall cease operations immediately.
C.
In the case of any mechanical amusement device as described in § 46-1B of this chapter, the Town Board shall, at least three days before revoking any license, cause to be mailed, in a prepaid envelope, to the licensee at his address as stated in his application for license a notice stating the time and place of the hearing concerning the revocation. At the hearing, the licensee shall be entitled to be heard and to introduce the testimony of witnesses. The Town Board shall decide, upon the basis of the evidence presented at the hearing, whether or not the license in question shall be revoked. Licensees may appeal from decisions of the Town Board as provided by law.
Any person committing an offense against any provision of this chapter shall, in addition to being subject, if a licensee, to having his license revoked as provided in § 46-9 of this chapter, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
