[Code 1961, § 5.01.02; Ord. No.
79-3, 2-20-1979]
The following terms as used in this article shall be defined
as follows:
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.
[Code 1961, § 5.01.01; Ord. No.
79-3, 2-20-1979]
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 article; provided,
however, Section 11-22(4), (5) and Section 11-23(a)(3) 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.
[Code 1961, § 5.01.03; Ord. No.
79-3, 2-20-1979; Ord. No. 81-8, § 1, 6-15-1981]
Applicants for licenses to operate an enterprise under this
article shall make application to the Town Manager 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:
(1)
Applicants for licenses to operate an enterprise under this article
shall make application to the Town Manager, or the Town Manager's
designee, on appropriate forms at least 30 days before the scheduled
first day of operation of the enterprise. The application fee shall
be in an amount established by the Town Council and published in the
official price guide.
(2)
Applicants for licenses to operate an enterprise under this article
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.
(3)
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
article that will operate on town-owned properties shall additionally
furnish proof of insurance to the Town in the amount equal to the
limits carried by the Town. Applicants for licenses to operate an
enterprise under this article 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.
(4)
Applicants shall deposit with the Town a cash bond in the sum of
$1,000 conditioned upon saving harmless of 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 upon the streets or upon any private property by such applicant.
Such cash bonds will be returned to the applicant upon certification
by the Chief of Police that all conditions of this article have been
complied with.
(5)
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.
[Code 1961, § 5.01.04; Ord. No.
79-3, 2-20-1979]
(a)
Enterprises licensed under the provisions of this article 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 or 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
Town Manager may revoke any license granted under the provisions of
this article. Also, the Police Chief, Fire Marshal, or their duly
appointed agents, have the authority, with a verbal or phone conversation
and confirmation of the Town Manager, to close down any enterprise
licensed under this article, at any given time, if they believe, acting
upon complaint or on sight violation of this article 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.
