[HISTORY: Adopted by the Town Board of the Town of Greece 3-12-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
This chapter shall be known as the "Special Events Law of the Town of Greece."
The Town Board finds and determines that special events held at various times throughout the year and at various venues within the Town of Greece enrich the quality of life and enhance the Town's diverse cultural, historical, spiritual and artistic heritage and character. The Town Board further finds and determines that a system of organization and review is a necessary and appropriate method of preserving and protecting the public's health, safety and general welfare, protecting property and facilities, coordinating emergency services and response, ensuring the flow of communications and transportation, maintaining compliance with applicable regulations and codes, maintaining quality of life for all citizens, and preserving public order in the best interest of the Town of Greece and its citizens. To that end, this chapter has as its purpose and intent the lawful, necessary and appropriate regulation of the time, place and manner of special events as hereinafter defined.
Word usage. For purposes of this chapter, the following provisions and rules shall apply to the use of words:
Words used or defined in one tense or form shall include other tenses and derivative forms.
Unless specifically indicated otherwise, words used in the singular sense shall include the plural sense, and words used in the plural sense shall include the singular sense.
The masculine gender shall include the feminine gender.
The word "shall" is mandatory and means that compliance is required.
The word "may" is permissive and means that compliance is not required.
Unless otherwise specified, all distances and directions shall be measured horizontally.
The word "used," as applied to any lot, structure or portion thereof, shall be construed to mean "used or intended, designated, arranged or designed to be used."
References to local or state laws, ordinances, codes, rules or regulations or sections thereof shall be construed to include the addendum "as from time to time amended."
References to a specific public official or agency shall be construed to include designees, successors and assigns.
All words in this chapter which are not hereinafter defined shall carry the meanings which are derived from customary use of the English language. If a dispute should arise, the Code Enforcement Officer shall be responsible for determining which specific meaning is appropriate for a word which has more than one meaning and which is not defined in this chapter. Any appeal of said determination by the Code Enforcement Officer may be considered by the Town Attorney pursuant to the appeals process contained in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person seeking to hold a special event which is regulated hereunder and/or is subject to any provision of law, rule and regulations, or any part thereof, which is so subject, and which is subject to the review, inspection, regulation or enforcement of or by the Town of Greece or other lawful authority.
- BACKGROUND MUSIC
- Music which is an accessory use to a restaurant or a bar, tavern or nightclub and which is subject to the issuance of a special event permit by the Town Clerk pursuant to the provisions of this chapter. "Background music" shall include music performed live by not more than two instrumentalists or two vocalists or one instrumentalist and one vocalist. "Background music" shall not include such use when it is conducted or performed as an integral part of a religious ceremony, prerecorded music played unattended on a sound system, a jukebox, live entertainment, or adult cabarets and adult entertainment establishments as defined in Chapter 211 of the Town Code.
- BAR, TAVERN or NIGHTCLUB
- A business enterprise which is conducted wholly or partly in a building and which primarily sells or serves alcoholic beverages to the public, and which provides for the consumption of such beverages on the premises, subject to the regulatory authority of the New York State Liquor Authority, and which possesses one or more of the following characteristics: age restrictions or cover charges for admission; listening or dancing to music provided by background music, live entertainment, jukeboxes or the like; and hours of operation which extend beyond the normal, typical, customary times for eating breakfast, lunch or dinner. The accessory or incidental sale of food or snacks may entitle such a use to be considered a restaurant under other provisions of this chapter, but the permanent or temporary removal or relocation of tables and chairs from a restaurant to permit any of the aforesaid characteristics shall constitute the creation of a bar, tavern or nightclub use. "Bar, tavern or nightclub" shall not include restaurants, or adult cabarets or adult entertainment establishments as defined in Chapter 211 of the Town Code.
- CHIEF OF POLICE
- The Chief of Police of the Town of Greece, New York.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Town of Greece, New York.
- FIRE MASHAL
- The Fire Marshal of the Town of Greece, New York.
- LIVE ENTERTAINMENT
- Music, theater, dance or other similar entertainment, performed by persons on premises for the benefit of an audience or patrons, and subject to the issuance of a special event permit by the Town Clerk pursuant to the provisions of this chapter. "Live entertainment" shall include but not be limited to entertainment provided by karaoke, musicians, vocalists, disc jockeys, actors, dancers, puppeteers, magicians and comedians. "Live entertainment" shall not include such use when it is conducted as an integral part of a religious ceremony, background music, or adult cabarets and adult entertainment establishments as defined in Chapter 211 of the Town Code.
- Any individual, association, firm, partnership, company, corporation or organization of any kind.
- A business enterprise which is conducted wholly or partly in a building and which prepares, sells or serves food or beverages for or to the public, and which provides for the consumption of such food or beverages on the premises, and which may include related accessory uses such as takeout or delivery service, drive-up service window, outdoor seating, the sale or service of alcoholic beverages, and background music or live entertainment, provided that a special event permit for such use has been issued by the Town Clerk pursuant to the provisions of this chapter. "Restaurant" shall not include any form of bar, tavern or nightclub, adult cabaret or adult entertainment establishment as defined in Chapter 211 of the Town Code, or facilities which are accessory to a principal use and which prepare, sell or serve food or beverages principally for consumption by the employees of the principal use.
- SPECIAL EVENT
- Any preplanned social occasion or activity, or series of such occasions or activities, sponsored or conducted by a person other than the Town or other governmental agency, occurring on private property and open to the general public or to such classes of users as to be in effect open to the general public, or on any public highway right-of-way or property owned by or leased to the Town, conducted indoors or outdoors, with or without admission or invitation fee, sponsorship or requested donation, for the purpose of entertainment, celebration, amusement, cultural recognition, amateur or professional sports demonstration or competition, or similar activities generically considered recreational in nature, including but not limited to carnivals, circuses, live entertainment, background music, festivals, fairs, bazaars, arts and cultural events, arts and crafts displays and/or sales, road races and walk-a-thons, public celebrations, parades, celebrations, ceremonies, marches, demonstrations, exhibitions, and any other occurrence involving public gathering and/or attendance which is not otherwise considered a matter of right under prevailing law such as to be exempt from governmental regulation, and including accessory activities conducted by vendors.
- SPECIAL EVENT PERMIT
- A permit or instrument granted by the Town Clerk pursuant to the provisions of this chapter.
- The Town of Greece, New York.
- TOWN BOARD
- The Town Board of the Town of Greece, New York.
- TOWN CLERK
- The Town Clerk of the Town of Greece, New York.
- TOWN CODE
- The Code of the Town of Greece, New York.
- A person at a special event who, during the life of the special event permit, operates a booth, stand, cart or vehicle or otherwise occupies space in which he conducts games of skill or chance or sells or dispenses food, beverages, goods, merchandise, wares or the like.
Special event permit required. No special event shall take place unless and until an application for a special event permit has been submitted to the Town Clerk and such permit has been issued thereby.
Events or activities such as weddings, parties, religious celebrations and functions, and other similar events, occurring within, or upon the grounds of, a private residence, where the property owner receives no compensation for hosting the event and guests/attendees are not charged a fee or asked to contribute a donation for admission.
Events or activities which are held on property owned by or leased to the Town or other governmental agency and which are sponsored or conducted wholly by the Town or other governmental agency.
Events or activities which are held on public property, excluding highway rights-of-way, not owned by or leased to the Town.
Except in the case of a spontaneous or similar event or exercise of free speech such as those in response to a contemporaneous occurrence, an application for a special event permit shall be filed with the office of the Town Clerk not less than 15 business days before the date of the proposed special event and in any case not later than the time required for the Town to review same and to determine that all arrangements are satisfactory and sufficient to protect the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event. The Town Clerk may waive such requirement and accept the filing of an application after the deadline for same if the Town Clerk determines that such late filing shall not have impaired the Town's ability to adequately review such application and all arrangements necessary to hold the special event as intended so as to safeguard the protection of the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event; however, the Town Clerk shall have the right to deny any such permit and prohibit such special event due to the late filing of an application or other material failure to comply with Town requirements as defined hereunder, including if such late filing shall have precluded or significantly impaired the Town's ability and opportunity to evaluate such application as provided under this chapter.
Information and material to be submitted with a completed application for a special event permit. Application for a special event permit shall be on the form provided by the Town Clerk. Such application shall include the following written material, all or part of which may be waived by the Town Clerk or the Chief of Police upon a determination that such material is inapplicable or unnecessary for the purposes of this chapter:
The name and address of the applicant; if the applicant is a corporation, the name of the corporation and the names and addresses of directors and officers of the corporation; if the applicant does not reside in Monroe County, the name, address and phone number of any agent, who shall be a natural person and shall reside or have a place of business in the County of Monroe and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any laws, ordinances, codes, rules or regulations resulting from a special event.
The name and address of the record owner of the property on which the special event will be held and the nature and interest of the applicant in the property.
A detailed description of the nature of the special event, including the dates, hours, admission and other pertinent details, including but not limited to setup and shutdown times; expected maximum number of persons intended to use such property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; the purpose of the event, describing in detail the nature of the activities to be carried on and the admission fee to be charged, if any, and the name of groups, organizations, charities or individuals who shall benefit from the proceeds of such special event.
A plan and drawing showing the size of the property; the streets or highways abutting said property, the size and location of any existing or proposed buildings or structures or of any signs to be erected for the special event; the location of the stage or tents, if any, proposed to be erected; the designated areas of use for spectators, exhibitors, vendors, employees, and organizers; the location of all exits; the location of all fire extinguishers and other fire safety equipment; and the location of all temporary utilities to be installed for the special event.
A plan and drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking area.
The name, address and telephone number of the person or vendor who will be engaged in the preparation and sale of food or beverages.
A plan for the use of live music, loudspeakers, horns, or other sounds which will be used, if any, and the type and location of speakers and other audio equipment.
The name and address of the security company, if any, which will work on the premises, and a description of the duties to be performed, subject to the approval of the Chief of Police.
A description of the communications plan to be utilized by the event organizer to facilitate command and control of all routine and emergency activities related to the event, subject to approval by the Chief of Police and Fire Marshal.
A description of tents or other temporary structures, camping or housing facilities to be available, if any, and a plan showing the intended number and location of them, compliance with the applicable requirements of the New York State Uniform Fire Prevention and Building Codes.
A detailed description of the proposed means for furnishing water for drinking and other purposes as well as all proposed means of food services and the furnishing of medical services and supplies, including the names and addresses of any and all contractors to furnish such services and all pertinent information as to the location of pharmaceutical and emergency medical services.
A detailed description of the proposed methods for handling and disposing of all trash, rubbish and garbage.
A detailed description of the proposed means of disposal of all sewage, including the location and description of the facilities proposed, including lavatory facilities.
Verification that there are no outstanding violations of the Town Code or the New York State Uniform Fire Prevention and Building Codes on the property at which the special event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including but not limited to those of the Town Planning Board and the Town Board of Zoning Appeals.
Authorization for the Town, the County of Monroe and any agent of the state or other municipal government to enter and inspect the premises proposed to be used.
A description of all insurance policies and surety bonds to be furnished by the applicant to protect the Town and its officers and employees from any and all liability.
In any special event, and in addition to any required insurance under the provisions of this chapter, the applicant shall indemnify, save and hold the Town harmless against loss, liability or expense resulting from any and all claims, actions, causes of action or judgments recovered against the applicant or the Town in any court of competent jurisdiction in excess of the amount of insurance required by the Town or, if no insurance is required, for all claims not otherwise covered or in excess of the coverage provided to the Town under its own public liability insurance coverage.
The Town shall have the right to require any applicant at its own cost and expense to provide such personnel and/or equipment as the Town may reasonably deem to be appropriate and necessary to ensure the safety and security of the public and/or public property before, during and after a special event, including but not limited to security personnel, communications equipment, medical and emergency response plans, services and vehicles, generators, lighting, sanitation facilities including toilets, garbage and trash collection and disposal facilities and services, parking and traffic control, and others, all of which shall be and remain subject to the oversight, supervision and control of Town officials, officers and staff with supervisory responsibility for such event and for Town property. The Town may impose and/or mandate compliance with such standards and requirements as may be reasonably related to the purposes of this chapter.
The Town may require an applicant to provide a letter of credit, bond or other suitable security instrument to ensure compliance with conditions in the special event permit and to ensure adequate cleanup of the property after a special event. No permit shall be issued unless and until such security has been provided to the Town Clerk. If an applicant fails to comply with the conditions of such permit or does not clear the property of debris within five days of mailing of written notice by return-receipt-requested mail or within three days of personal service of written notice on the applicant, the Town may use such portion of the security as is required to remedy the situation.
The Town shall have the right to require any applicant at its own cost and expense to provide notice to neighbors before the special event occurs, in a form and manner prescribed by the Town.
Special event permit available on premises. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request of such officer.
Fee. All applications for a special event permit shall be accompanied by a fee in an amount established by simple resolution of the Town Board, in order to defray the costs of administering this chapter. In addition, the applicant shall reimburse the Town for any reasonable sums expended for necessary or appropriate engineering and other professional assistance solicited and obtained by the Town in order to act upon such application.
The following conditions shall apply to a special event permit:
Except as provided, below, a special event permit shall be valid for a period of not more than six consecutive months.
A special event permit for live entertainment shall be valid for a period of not more than 72 consecutive hours.
No background music or live entertainment shall be performed outdoors within 150 feet of a residence.
No background music or live entertainment shall be performed outdoors before 11:00 a.m. or after 10:00 p.m.
No background music or live entertainment shall be performed indoors before 11:00 a.m. or after 12:00 midnight.
No vendor shall sell or serve alcoholic beverages or conduct games of skill or chance during the operation of a special event unless and before the applicant or the vendor obtains a proper and legal license to dispense alcoholic beverages and/or conduct games of skill or chance from the State of New York or any other applicable regulatory agency. The applicant or vendor receiving such licenses to dispense alcoholic beverages and/or conduct games of skill or chance shall be conclusively presumed to be cognizant of the provisions of the Alcoholic Beverage Law of New York, the state rules and regulations in regard thereto and all applicable federal, state and municipal laws, ordinances, codes, rules and regulations regarding the operation of games of skill and chance, all of which are incorporated herein by reference as if fully set forth.
The Town Clerk, the Chief of Police, the Code Enforcement Officer and the Fire Marshal shall attach such conditions as deemed necessary to protect the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event.
Privilege. The granting of a special event permit is a privilege and not a right and may be denied, revoked, suspended or modified in the event that the applicant fails to comply with any applicable provision of this chapter or for any other reason not prohibited by law.
The Town Clerk may deny a special event permit or revoke, suspend or modify a special event permit for any of the factors below.
It is determined that there are inadequate Town resources available to protect the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event.
The special event will disturb the public peace and good order of the Town or adversely affect the use and enjoyment of adjoining properties or that the conduct of such event will not be consistent with or will jeopardize the health, safety, property or general welfare of neighboring residents and/or the Town at large.
The special event has been subject to a violation or has had any adverse impacts on the surrounding property in the Town within the last three years and a mitigation plan has not been approved.
The special event does not provide for sufficient services or facilities (including but not limited to parking and first aid or emergency medical services) that are reasonably necessary to ensure that such event will be conducted with due regard for the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event.
The special event may create a high probability of disorderly conduct likely to endanger public safety or to result in significant property damage.
There are materially false statements or omitted relevant information in the application.
The applicant has failed to conduct a previously permitted special event in accordance with the law or the terms of a permit, or both.
The applicant has not obtained the approval of any other Town or public agency within whose jurisdiction the event or portion thereof will occur.
Exterior lighting at the special event uses or will use search lights, strobe lights, laser lights or revolving lights.
Closing of special events due to public safety hazard. The issuance of a special event permit notwithstanding, the Chief of Police, the Code Enforcement Officer or the Fire Marshal may close any special event or any portion of a special event that is subsequently determined to be an imminent hazard to the health, safety, property or general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event.
In addition to the penalties for offenses set forth in this chapter, the applicant's special event permit may be revoked, suspended or modified by the Town Clerk at any time during the life of such permit for any violation by the applicant of any provision of this chapter or any violation of the Town Code or any other applicable county, state or federal law.
If a special event permit is revoked, no refund of any part of the application fee shall be made.
If a special event permit is denied, revoked, suspended or modified, the applicant shall be entitled to a hearing before the Town Attorney within 30 business days of the applicant's receipt of such denial, revocation, suspension or modification. At such hearing, the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial, revocation, suspension or modification. Within 15 business days of such hearing, the Town Attorney shall issue a written decision which sustains the Town Clerk, reverses the decision of the Town Clerk which directs that a license be issued, or remands the matter to the Town Clerk for further consideration.
It shall be a violation of this chapter to conduct or to allow to be conducted a special event without a special event permit issued pursuant to the provisions of this chapter, or after such special event permit has been denied, revoked or suspended.
It shall be a violation of this chapter to conduct or allowed to be conducted a special event contrary to the terms and conditions set forth in the special event permit issued for such special event.
This chapter shall be enforced by the Chief of Police, the Code Enforcement Officer and the Fire Marshal unless stated otherwise herein.
A violation of any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $250 for each offense or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment, in addition to any fines imposed hereunder. For each and every day that a violation continues, such violation shall constitute a separate offense and the penalties prescribed herein shall be applicable to each such separate offense.
No special event permit issued under the provisions of this chapter may be transferred or assigned from one applicant, person or location to another applicant, person or location.
The granting of permission by the Town and/or the use of Town-owned property or facilities by any person shall in no way be considered an endorsement or any expression of support, of disagreement or of any position or opinion of the Town whatsoever with respect to the activities, policies, opinions, positions, precepts or other aspects of the person organizing, sponsoring, holding or participating in a special event, and no person associated in any way with such event is authorized to or shall make any public statements or representations concerning the Town concerning same.
When the requirements or restrictions imposed by this chapter conflict with the requirements or restrictions imposed by other laws, ordinances, codes, rules or regulations, the greater requirement or restriction, respectively, shall prevail.
If any clause, sentence, paragraph, section, article or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.