[Adopted 10-25-1965 (Ch. I, Sec.
4, of Title Two of the 1965 Code); amended in its
entirety 7-12-1993 by Ord. No. 93-40]
No person shall publicly or for pay or for any
profit or advantage to themselves exhibit or promote or take part
in any theatrical performance or other show or performance or exhibition
nor shall any person for any pecuniary profit or advantage to themselves
promote any public roller-skating rink or halls or give any dance
or ball or any other form of entertainment, whether indoors or outdoors,
without a license from the Town Council of Barrington.
Any person applying for such a license shall
file an application in a form approved by the Town Clerk. Said application
shall be filed with the Town Clerk at least 30 days prior to the Town
Council meeting at which it shall be considered.
A.
No license shall be issued to any applicant currently
in arrears in any tax or assessment levied by the Town of Barrington
or for use upon any premises for which any said taxes or assessments
are unpaid at the time of the filing of the application. The applicant
seeking such license shall submit proof that all such taxes and assessments
have been paid at the time the application is filed.
B.
No license shall be issued by said Town Council until
the applicant or applicants shall affirmatively show that the proposed
entertainment, if allowed, or the premises to be used therefor, if
allowed, shall otherwise comply with all applicable federal, state
and local laws relative to the health, safety and welfare of the public,
including but not limited to zoning, traffic, parking, fire protection
and the like.
The Town Clerk shall send special notice by
certified mail to all owners of abutting property within 200 feet
of the site of the entertainment. The applicant shall provide the
list of all such abutting property owners as well as bear the cost
of the certified mail to notify said property owners.
[Amended 1-4-2016 by Ord.
No. 2015-7]
A.
The applicant for a twenty-four-hour entertainment license must agree
in advance to accept responsibility for meeting the following safety,
health and welfare requirements:
(1)
It shall be the duty of the Police Chief to assign an adequate number
of officers/constables to the event and to control the number of persons
allowed at the event consistent with the public health, safety and
welfare. All police officers and/or constables shall be paid at the
prevailing hourly rate by the license applicant.
(2)
The applicant shall provide the Town Clerk with evidence of commercial
general liability insurance with a minimum limit of $1,000,000 of
coverage.
(3)
The applicant shall provide an off-street parking area which at minimum
shall meet zoning requirements of the particular zone in which the
premises to be licensed is located.
(4)
All trash and rubbish shall be collected and removed from both the
entertainment area and the parking area within 24 hours after the
conclusion of the entertainment.
(5)
If the entertainment is to take place out of doors, the applicant
shall provide portable toilets at the site of the entertainment in
a number adequate to meet the requirements of the State Department
of Health.
(6)
The applicant shall supply a bond satisfactory to the Council at
the time the license is issued to provide protection for possible
damage to other owner's property in the vicinity of the entertainment
or the parking area. Said bond shall not be released until 10 days
after the entertainment event.
B.
The applicant for an annual entertainment license shall be subject
to such conditions and provide such assurances as the Town Council,
at its sole discretion, deems appropriate to provide for the safety,
health, and welfare of the residents of the Town. Conditions that
may be imposed include, but are not limited to, limits on hours and
days of entertainment, limits on amplification, and provision of police
details. Failure to comply with such requirements may result in revocation
of the annual entertainment license.
C.
The Police Chief may suspend any license for reasons of immediate
public safety, with the duration of such suspension being not longer
than the time until the next regularly scheduled Town Council meeting.
The Town Council may, on its own, suspend any license for reasons
of immediate public safety, with the duration of such suspension being
not longer than the time until the next regularly scheduled Town Council
meeting at which an adequately noticed show-cause hearing can be held.
The Town Council shall have the authority, following adequate notice
to the license holder and a show-cause hearing, to impose further
conditions on the license or to suspend or revoke any license obtained
under provisions of this article for violations of any provisions
of this article.
D.
No refunds shall be given for license fees paid following revocation
of any license issued pursuant to this article.
[Amended 1-4-2016 by Ord.
No. 2015-7]
Entertainment shall commence no earlier than
11:00 a.m. and shall conclude no later than 11:00 p.m.
[Amended 1-4-2016 by Ord.
No. 2015-7]
A.
For a twenty-four-hour entertainment license, issued pursuant to
this article, a fee of $100 shall be assessed: however, licenses sought
by religious, civic and charitable societies for the purpose of furthering
their religious or benevolent work are hereby excepted from such fee.
B.
For an annual entertainment license, issued pursuant to this article,
valid from January 1 through December 31 of the year in which the
application is filed, a fee of $100 shall be assessed.
No license shall authorize any of the aforementioned
performances, shows, exhibitions, dances, balls or any other form
of entertainment for the first day of the week unless waived for good
cause by the Town Council.
[Amended 8-2-1999 by Ord. No. 99-5]
No individual, employee, operator or owner of an establishment in possession of a Class B liquor license obtained pursuant to Chapter 63, Article III, of this Code shall permit, charge or instruct anyone to expose the human genitals, pubic regions, buttocks, anus or female breasts below a point immediately above the tops of the areolae for viewing by patrons, or perform acts or simulated acts of sexual intercourse, masturbation, sodomy, oral copulation, bestiality, flagellation or any acts lacking in socially redeeming value or appealing to the prurient interest or otherwise prohibited by law.
In granting any license allowed for by the provisions
of this article, the Town Council may impose upon the grant of a license
such other and/or additional requirements, safeguards or conditions
as it may deem necessary in the interests of the health, safety and
welfare of the citizenry of the Town.
The Town Council may, in its sole discretion,
upon good cause shown, waive any licensing requirement of this article
consistent with the public health, safety and welfare.
A.
The Police Chief shall be responsible for enforcement
of this article.
B.
Prosecution for violations shall be by the Police
Chief or their designee.
C.
Any person violating any sections of this article
shall be subject to a fine of not more than $500. The continuation
of a violation of any provision of this article shall constitute,
for each day the violation is continued, a separate and distinct violation
hereunder.
[Amended 10-2-2017 by Ord. No. 2017-15]
