[Adopted 10-7-1997 (§§ 12-199 and 12-200 of the 2010 Code)]
A.
The Municipal Council may, except as provided in MGL c. 149, § 105,
grant, upon such terms and conditions as are described hereinafter,
a license for theatrical exhibitions, public shows, public amusements
and exhibitions of every description, including "rave" concerts and
dances, to be held upon weekdays only, to which admission is obtained
upon payment of money or upon the delivery of any valuable thing or
in which, after free admission, amusement is furnished upon a deposit
of money in a coin-controlled apparatus. The fee for such license
shall be $100.[1]
B.
The application for such a license shall be in writing and shall
fully and specifically describe the conditions of the proposed exhibition,
show, or amusement and the premises upon which the proposed exhibition,
show, or amusement is to take place, to the extent that such conditions
or premises would affect the public safety, health or order. Upon
written request of the Municipal Council, the applicant shall in addition
furnish reasonable information concerning the conditions of the premises
and actions to be taken in order to prevent danger to the public safety,
health, or order. Within 30 days following receipt of such application,
the Municipal Council shall grant a license or shall order a hearing
preceded by at least 10 days' written notice to the applicant. Within
45 days next following the close of such hearing, the Municipal Council
shall grant such license or shall deny such license upon a finding
that issuance of such a license would lead to the creation of a nuisance
or would endanger the public health, safety or order by:
C.
Notice of such a denial shall be delivered to the applicant in writing
and shall be accompanied by a statement of the reasons therefor. No
application shall be denied if the anticipated harm is not significant
or if the likelihood of its occurrence is remote. The Municipal Council
may impose conditions upon a license but said conditions may only
relate to compliance with applicable laws or ordinances, or to public
safety, health or order, or to steps required to be taken to guard
against creation of a nuisance or to ensure adequate safety and security
for patrons or the affected public.
D.
No applicant having been denied a license as aforesaid shall submit
the same or a similar application within one year of said denial without
including in said new application facts that the circumstances upon
which the original denial was based have substantially changed.
E.
The Municipal Council may revoke or suspend a license granted pursuant
to the provisions of this section upon finding, after a hearing preceded
by 10 days' written notice to the licensee, that conditions exist
which would have justified denial of the original application for
such license, provided that the Municipal Council may petition the
Superior Court Department of the Trial Court to enjoin any violation
of this section.
F.
No license shall issue, however, for a traveling carnival, circus
or other such traveling amusement which does not have its principal
place of business within the commonwealth unless the licensee certifies
that the licensee has provided by insurance for the payment of compensation
and the furnishing of other benefits under MGL c. 152 to all persons
to be employed by said licensee and that such insurance shall continue
in full force and effect during the term of the license, and the licensee
further certifies that he/she has obtained a policy of public liability
insurance in the amount of at least $25,000 to pay any claims or judgments
rendered against the licensee in favor of patrons or others to recover
damages resulting from the negligence of the license. The amount of
insurance of the policy hereinbefore required or in effect shall not
limit or impair any right of recovery to which any plaintiff may be
entitled in excess of such amount.
G.
A license issued under this section shall expire at the date and
time stated thereon as determined by the Municipal Council.
[Amended 10-10-2000]
A.
No innholder, common victualler, keeper of a tavern, or person owning, managing, or controlling any club, restaurant or other establishment required to be licensed under MGL c. 138, § 12, or under MGL c. 140, § 2, 21A or 21E, or MGL c. 140, § 186, and no person owning, managing, or controlling any concert, dance, exhibition, cabaret or public show of any description, including "rave" dances or concerts to be conducted on any premises required to be licensed under § 187-6 above, shall, as a part of its usual business, offer to view, set up, set on foot, maintain or carry on a concert, dance, exhibition, cabaret, rave dance or concert or public show of any description or any gathering and/or public event commencing after normal business hours, unless application has been made to the Board of License Commissioners and approved in accordance with the provisions of this section.
B.
Normal business hours shall be defined as the hours of operation
contained in the license issued by the City of Taunton.
C.
The application for such license shall be in writing and shall state
the type of concert, dance, exhibition, cabaret or public show sought
to be licensed and shall state whether such public show will include:
D.
The application shall also state whether as part of the concert,
dance, exhibition, cabaret or public show any person will be permitted
to appear on the premises in any manner or attire as to expose to
public view any portion of the pubic area, anus, or genitals, or any
simulation thereof, or whether any female person will be permitted
to appear on the premises in any manner or attire as to expose to
public view any portion of the breast below the top of the areola,
or any simulation thereof.
E.
Upon request of the Board of License Commissioners, the applicant
shall furnish further additional information concerning the type of
concert, dance, exhibition, cabaret, or public show sought to be licensed,
the conditions of the premises, and the actions to be taken in order
to prevent danger to the public safety, health or order. Once a license
has been granted to an applicant, the licensee shall continue to provide
such information to the Board of License Commissioners upon its request
with regard to any particular concert, dance, exhibition, cabaret,
or public show or with regard to the conduct of the premises in general.
F.
Within 45 days following receipt of an application for a license
under this section, the Board of License Commissioners may grant the
license or shall provide the opportunity for a hearing on the application
by written notice to the applicant given seven days prior to the hearing
date.
G.
Within 30 days next following the final date of such opportunity
for a hearing, the Board of License Commissioners shall grant the
license or deliver to the applicant a written notice denying the license
and stating in writing the reasons for such denial. No application
having been denied as aforesaid and no similar application thereto
may be filed within one year of said denial except in the discretion
of the Board of License Commissioners.
H.
The Board of License Commissioners shall grant a license under this
section unless it finds that the license, taken alone or in combination
with other licensed activities on the premises, would adversely affect
the public health, safety or order, in that the concert, dance, exhibition,
cabaret, or public show cannot be conducted in a manner so as to:
(1)
Protect employees, patrons, and members of the public inside or outside
the premises from disruptive conduct, from criminal activity, or from
health, safety or fire hazards;
(2)
Prevent an unreasonable increase in the level of noise in the area
caused by the licensed activity or caused by patrons entering or leaving
the premises; or
(3)
Prevent an unreasonable increase in the level of pedestrian or vehicular
traffic in the area of the premises or an unreasonable increase in
the number of vehicles to be parked in the area of the premises.
I.
The Board of License Commissioners may modify, suspend or revoke
a license granted pursuant to the provisions of this section after
providing an opportunity for a hearing preceded by a written notice
to the licensee 10 days prior to the hearing date. The Board of License
Commissioners may not modify, suspend or revoke such license unless
it finds that the license, taken alone or in combination with other
licensed activities on the premises, has adversely affected the public
health, safety or order as stated in the preceding subsection. In
any case in which the Board of License Commissioners modifies, suspends
or revokes a license, it shall notify the licensee in writing of such
action, and said written notice shall be accompanied by a statement
of reasons.
J.
In order to preserve and protect the public health, safety, and order
as aforesaid, the Board of License Commissioners may place conditions
upon the license and promulgate rules and regulations for such licenses.
The Board of License Commissioners may modify, suspend or revoke a
license pursuant to this section for any violation of its rules and
regulations or for any violation of law and may petition the Superior
Court Department of the Trial Court to enjoin any violation of this
section.
K.
Licenses under this section shall prohibit minors from attending
any concert, dance, exhibition, cabaret or public show of any description
in which or at which any person appears in a manner or attire as to
expose to public view any portion of the pubic area, anus, or genitals,
or any simulation thereof, or in which or at which any female person
appears in a manner or attire as to expose to public view any portion
of the breast below the top of the areola, or any simulation thereof.[3]
M.
The provisions of this section shall be applicable seven days per
week; provided, however, that no license under this section shall
be granted to permit such activities, except an athletic game or sport,
or motion picture exhibited at a drive-in theater, during the period
from the last Sunday in April to the last Sunday in October, on Sundays
or before 1:00 p.m. on Sundays, without the written approval of the
Board of License Commissioners, made in accordance with the provisions
of this section, upon written application to said Board accompanied
by a fee of $100.[5]
