No person shall open, conduct, operate or maintain a legitimate
theater or other establishment, place or premises for the presentation
and exhibition of theatrical performances and/or plays or a moving-picture
theater within the Village without first having obtained a license
from the Mayor after approval by the Board of Trustees.
The annual fee for a license issued under the provisions of
this article shall be as determined from time to time by resolution
of the Board of Trustees. All fees shall be payable in advance to
the Village Clerk/Treasurer for each year of operation. For purposes
of licensing and of assessing fees, each room in which a screen or
stage is located shall be deemed a separate theater.
The Board of Trustees shall approve and the Mayor shall issue
a license required by this article only to such person as may be deemed
fit and proper to operate a legitimate theater and/or moving-picture
theater or other establishment for performances, upon the sworn application
of the applicant, in form to be approved by the Board of Trustees,
which shall contain, among other things, a complete description of
the premises to be operated or used as a legitimate theater and/or
moving-picture theater or performance site, setting forth particularly
the nature of construction of the building, the improvements therein,
the number and location of fire escapes, doors, windows, stairs and
other means of ingress and egress and the seating capacity and arrangement
of seats. The application required by this section shall be submitted
to the Board of Trustees for approval prior to the issuance of a license.
The Board of Trustees, before approving the application, may prescribe the maximum attendance or seating capacity in the premises for which a license is sought under the provisions of this article. A moving-picture theater or a legitimate theater shall be a place of public assembly as such is defined in Chapter 470, Zoning, of this Code.
Prior to the issuance of a license required by this article
and at any time thereafter it may desire to do so, the Board of Trustees
may cause an inspection of the premises to be used or in use to be
made by a duly authorized person. The expense of such inspection shall
be borne by the applicant or licensee as the case may be. Such inspection
must show to the satisfaction of the Board of Trustees that the premises
has suitable and safe means of ingress and egress in case of panic
or fire, that a proper fire prevention and extinguishing system has
been provided and that the premises is in a sanitary condition. Any
premises licensed hereunder shall be subject to continued inspections
by the Village.
In the event that a license is granted to a person to conduct
or operate a legitimate theater or a moving-picture theater or performance
site, such establishment shall be closed at 1:30 a.m. on each day
during which it shall be in operation or at such earlier time as may
be determined by the Board of Trustees.
