Town of Foxborough, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Foxborough as Art. V, § 6, of the General Bylaws. Amendments noted where applicable.]
Sign requirements — See Ch. 213.
In order to prevent danger to and/or adverse effects upon the public health, safety, or order, the following licensing procedure is hereby adopted to regulate the use of any premises upon or within which any concert, dance, exhibition, cabaret, public show of any description, theatrical exhibition, public amusement, exhibition of every description, game, sport (unless specifically excluded), fair, exposition, play, entertainment or public diversion is to be conducted. For purposes of this bylaw, any of the foregoing events shall be included hereafter in the term "public entertainment."
No public entertainment shall be conducted on any premises within the Town of Foxborough for which the number of tickets available for sale exceeds 15,000 unless a license for such public entertainment has previously been issued therefor by the Board of Selectmen and in accordance with the provision of this bylaw.
Application for such a license shall be on such form as approved by the Board of Selectmen, and shall be accompanied by such security plans, pedestrian and vehicular traffic plans, and other documentation as said Board shall determine.
Copies of any such application shall at the same time they are submitted to the Board be mailed by the applicant, postage prepaid, or delivered to:
Chief of Police - Town of Foxborough;
Fire Chief - Town of Foxborough;
Chairman - Stadium Advisory Committee;
Building Commissioner - Town of Foxborough;
Board of Selectmen - Town of Walpole.
The foregoing public bodies or officials shall be requested to respond in writing with their recommendations and comments pertaining to such event to the Board of Selectmen within 21 days of receipt of said application.
The Board of Selectmen shall, within 45 days following receipt of such application, hold a public hearing on such application.
In addition to the notice requirements of MGL c. 140, § 183A; MGL c. 140, § 181, and/or MGL c. 136, §§ 4 and 14, the Board shall cause, upon the completion of time permitted in § 229-3 for response by those public bodies or officials referenced in § 229-3 above, at the applicant's expense, notice of such hearing to be published twice in a newspaper published within the Town of Foxborough, or if there be no such paper then in a newspaper published in Norfolk County with general circulation in the Town of Foxborough, the first such notice to be at least 14 days prior to said hearing and the second notice to be published at least seven days prior to such hearing; such notice shall state the time, date, and location of the hearing as well as the time, date, location, and the nature of the public entertainment for which the application has been submitted, together with such other information as the Board shall determine. Notice of such public entertainment shall also be posted at Town Hall at least seven days prior to any such hearing.
In considering applications made pursuant to this bylaw, the Board of Selectmen shall consider only those issues regarding the public safety, health and order, and the creation of a nuisance as are authorized within the applicable provisions of MGL c. 140, § 181, MGL c. 140, § 183A; and/or MGL c. 136, §§ 4 and 14.
Subject to the foregoing provisions of this bylaw, the grant or denial of an application hereunder shall otherwise be in accordance with the applicable provisions of MGL c. 140, § 181; MGL c. 140, § 183A; and/or MGL c. 136, §§ 4 and 14.
No person or group shall offer for resale tickets for events at Foxboro Stadium for a sum higher than its face value. Violations of said regulation shall be deemed a breach of the peace.
[Added 5-12-2014 ATM by Art. 25]
For each concert performance, the Building Commissioner or his designee shall determine the exact time the concert concludes. The Building Commissioner or his designee shall identify himself to the management of the licensee and advise the management of the time he or she considers applicable to the performance. In the event that a performance continues past the license time, the Building Commissioner or his designee shall further determine in minutes by how much the concert has concluded beyond the licensed time. Such information shall be submitted to the licensing authority only for those concerts that have continued after the specified licensed time. In the event of a violation of these rules and regulations for a performance, which runs over the licensed time period, the Selectmen may assess fines against the licensee. Such fines may be assessed only after providing the licensee with an opportunity for a show-cause hearing preceded by written notice mailed or delivered to the licensee not less than 10 days prior to the hearing date.
The authority to assess fines hereunder shall not be construed to limit the authority of the Selectmen to modify, suspend, or revoke the license in accordance with the provisions of this chapter and MGL c. 140, § 183A.
The stadium shall make available to the Board of Selectmen attendance figures/records for each performance which continues past the required end time. Attendance records must be forwarded to the Selectmen within a reasonable time not to exceed seven days after the notice from the Town. These figures must be taken and certified as accurate directly from ticket sales and shall include all ticket sales for the performance, including complimentary and or promotional tickets.