[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.
A.
Word usage. For purposes of this chapter, the following provisions
and rules shall apply to the use of words:
(1)
Words used or defined in one tense or form shall include other tenses
and derivative forms.
(2)
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.
(3)
The masculine gender shall include the feminine gender.
(4)
The word "shall" is mandatory and means that compliance is required.
(5)
The word "may" is permissive and means that compliance is not required.
(6)
Unless otherwise specified, all distances and directions shall be
measured horizontally.
(7)
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."
(8)
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."
(9)
References to a specific public official or agency shall be construed
to include designees, successors and assigns.
B.
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.
C.
APPLICANT
BACKGROUND MUSIC
BAR, TAVERN or NIGHTCLUB
CHIEF OF POLICE
CODE ENFORCEMENT OFFICER
FIRE MASHAL
LIVE ENTERTAINMENT
PERSON
RESTAURANT
SPECIAL EVENT
SPECIAL EVENT PERMIT
TOWN
TOWN BOARD
TOWN CLERK
TOWN CODE
VENDOR
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.
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.
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.
The Chief of Police of the Town of Greece, New York.
The Code Enforcement Officer of the Town of Greece, New York.
The Fire Marshal of the Town of Greece, New York.
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.
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.
A permit or instrument granted by the Town Clerk pursuant
to the provisions of this chapter.
The Town of Greece, New York.
The Town Board of the Town of Greece, New York.
The Town Clerk of the Town of Greece, New York.
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.
A.
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.
B.
Exemptions.
(1)
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.
(2)
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.
(3)
Events or activities which are held on public property, excluding
highway rights-of-way, not owned by or leased to the Town.
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
The name, address and telephone number of the person or vendor who
will be engaged in the preparation and sale of food or beverages.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
A detailed description of the proposed methods for handling
and disposing of all trash, rubbish and garbage.
(13)
A detailed description of the proposed means of disposal of
all sewage, including the location and description of the facilities
proposed, including lavatory facilities.
(14)
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.
(15)
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.
(16)
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.
(17)
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.
C.
Other requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
D.
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.
A.
The following conditions shall apply to a special event permit:
(1)
Except as provided, below, a special event permit shall be valid
for a period of not more than six consecutive months.
(2)
A special event permit for live entertainment shall be valid for
a period of not more than 72 consecutive hours.
(3)
No background music or live entertainment shall be performed outdoors
within 150 feet of a residence.
(4)
No background music or live entertainment shall be performed outdoors
before 11:00 a.m. or after 10:00 p.m.
(5)
No background music or live entertainment shall be performed indoors
before 11:00 a.m. or after 12:00 midnight.
(6)
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.
B.
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.
A.
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.
B.
The Town Clerk may deny a special event permit or revoke, suspend
or modify a special event permit for any of the factors below.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
The special event may create a high probability of disorderly conduct
likely to endanger public safety or to result in significant property
damage.
(6)
There are materially false statements or omitted relevant information
in the application.
(7)
The applicant has failed to conduct a previously permitted special
event in accordance with the law or the terms of a permit, or both.
(8)
The applicant has not obtained the approval of any other Town or
public agency within whose jurisdiction the event or portion thereof
will occur.
(9)
Exterior lighting at the special event uses or will use search lights,
strobe lights, laser lights or revolving lights.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
