[HISTORY: Adopted by the Town of Windsor Locks 3-16-2000. Amendments
noted where applicable.]
As used in this chapter, the following terms shall be defined
as set forth below:
Any temporarily established booth, stall or other place of
business for the sale of merchandise to the public as a part of or
in connection with a recreational, entertainment or amusement enterprise;
and shall include structures from which tokens or prizes are awarded
to participants in single or specific events constituting a part of
the enterprise.
Any recreational, entertainment or amusement enterprise not
included within the definition of a "tent show," and involving the
erection of any booth concession or power-driven device.
Any event to which the public is admitted for a financial
consideration and involving exhibitions, performances or displays
of any type, or games, public dancing, rides and similar devices or
activities for public participation; and shall include enterprises
to which no general admission fee is charged but in which a charge
is made for single or specific events constituting a part of the enterprise.
Not located in a permanent building erected or adopted for
the purpose in accordance with the zoning regulations or building
code of the Town.
Any temporary structure or device for use by the public as
participants involving electrical, mechanical or other power for its
operation, such as merry-go-rounds, Ferris wheels, etc.
Involving any use of any premises for a limited time or for
which no permanent certificate of occupancy shall have been issued
under the zoning regulations or building code of the Town.
Any recreational, entertainment or amusement enterprise requiring
the erection of any temporary structure for public use composed wholly
or partly of canvas or similar material.
It shall be unlawful for any person to operate any temporary
or portable commercial recreational, entertainment, or amusement enterprise
within the Town without first having made application for, and received,
a license to do so in accordance with the terms of this chapter; provided,
however, that this chapter shall not apply to recreational, entertainment,
or amusement enterprises operated and staffed by and for the exclusive
benefit of, and the proceeds of which are received in their entirety
by, clubs, churches, or education, charitable or similar nonprofit
institutions or organizations of or in the Town.
Applicants for a license to operate an enterprise under this
chapter shall make application to the First Selectman for a license
on forms provided. Licenses will be granted for a period not exceeding
15 days of operation, and only when the following requirements have
been met:
A.
Applicants for licenses to operate an enterprise under this chapter
shall make application to the First Selectman, or the First Selectman's
designee, on appropriate forms at least 21 days before the scheduled
first day of the operation of the enterprise. The application fee
shall be in an amount established by the Board of Selectmen.
B.
Applicants for licenses to operate an enterprise under this chapter
shall furnish proof that they have obtained a license from the State
Commissioner of Public Safety whenever the same may be required by
statute or by administrative regulations.
C.
Applicants for licenses to operate a carnival involving the erection
of any power-driven device shall furnish proof of financial responsibility
to satisfy claims for damages on account of any physical injuries
or property damage which may be suffered by any person by reason of
any act or omission on the part of the owner or the owner's agents
or employees in accordance with the minimum limits of liability equivalent
to limits carried by the Town on its liability exposures. Additionally,
any enterprise licensed under the provisions of this chapter that
will operate on Town-owned properties shall additionally furnish proof
of insurance to the Town in an amount equal to the limits carried
by the Town. Applicants for licenses to operate an enterprise under
this chapter shall also obtain the approval of the Director of Public
Works, Fire Marshal, Director of Health, and Police Chief, on appropriate
forms provided by them, before a license to operate shall be granted.
D.
Applicants shall deposit with the Town a cash bond in the sum of
$1,000, conditioned upon saving harmless the Town from all liabilities
or causes of action which might arise by virtue of the granting of
a license to the applicant and conditioned further that no damage
will be done to the streets, sewers, trees, or adjoining property
and that no dirt, paper, litter, or other debris will be permitted
to remain by such applicant upon the streets or upon any private property.
Such cash bonds will be returned to the applicant upon certification
by the Chief of Police that all conditions of this chapter have been
complied with.
E.
Applicants for licenses may be required to hire police officers to
be on the scene at all times said enterprise is operating. The Chief
of Police may require additional police officers on location at such
Chief's sole discretion. Applicants shall deposit with the Town
a cash bond or other sufficient security in an amount reasonably anticipated
to meet the cost/expense of providing said police officers.
A.
Enterprises licensed under the provisions of this chapter shall be
subject to inspection by duly authorized Town officials at any time
during the operation of the enterprise, and the following conditions
shall be met by the licensee:
(1)
The licensee shall provide adequate facilities for water supply,
sewage disposal, disposal of refuse, storage and service of food,
and drinking beverages as determined by the Director of Health. Standards
of compliance shall be the satisfaction of appropriate state and local
laws, ordinances and procedures.
(2)
If the enterprise is to be operated after sundown, there shall be
sufficient illumination by electric lights about the area occupied
by the same so that patrons may easily and safely find their way to
and from the adjoining streets and highways, such electric service
to be provided either by the local public utility or by a portable
power plant provided by the licensee. In either event, such electrical
installations and maintenance shall be in accordance with generally
accepted good practice and shall meet with the approval of the local
Fire Marshal and local Building Inspector.
(3)
Fire protection services as determined by the local Fire Marshal
to be necessary shall be provided at the expense of the licensee.
(4)
Reasonable provision shall be made for communications to fire and
police headquarters from the area in which the enterprise is located.
(5)
No unnecessary or unreasonable noise shall be permitted through the
use of loudspeakers, amplifiers, etc., or the operation of machinery
or equipment. Unnecessary or unreasonable noise shall be defined as
the level of noise that exceeds the levels as determined by the applicable
federal or state statutes and/or regulations or applicable local ordinances.
(6)
In the event that any problem or accident occurs at or with any ride
or amusement facility during the course of the event, that ride or
facility shall not operate until a reinspection by the appropriate
Town officials has been completed and the ride or facility determined
to be reasonably safe. It shall be the responsibility of the licensee
to immediately contact the appropriate Town officials upon the occurrence
of the problem or accident.
B.
Upon complaint of the violation of any of the above conditions, the
First Selectman may revoke any license granted under the provisions
of this chapter. Also, the Police Chief, Fire Marshal, or their duly
appointed agents have the authority, with a verbal or phone conversation
and confirmation of the First Selectman, to close down any enterprise
licensed under this chapter, at any given time, if they believe, acting
upon complaint or on sight violation of this chapter or any state
statute, that a violation of a serious nature or a pending situation
exists which may pose a hazard to the public or the Town.
