Except as otherwise permitted or excluded elsewhere in Chapter
104, Article
IV, no person shall set up, promote, exhibit or maintain any theatrical exhibition, public show, public amusement or exhibition of any description to which admission is obtained by the payment of money, or by the delivery of any ticket or voucher obtained for money or by the delivery of any other valuable thing without first obtaining a license therefor from the City Council. Regardless of whether a fee is charged, no person shall set up, promote, exhibit or maintain a public event, which is defined as any event open to the public, such as a carnival,
festival, fair, or other outdoor event at which the public will gather, without first obtaining a license therefor from the City Council.
Licenses for public events, theatrical exhibitions, public shows, public amusements and exhibitions of every description shall be granted subject to all the provisions of law and to public safety, health or order, or to steps required to be taken to guard against creation of a nuisance, or to insure adequate safety and security for patrons or the affected public which are not inconsistent with law or ordinance as the City Council may from time to time determine and impose. No licensee shall exceed the number of attendees listed on the license without the express approval of the Police Chief or his/her designee.
[Amended 7-11-2017 by Doc. 82]
The application fee for nonprofit organizations conducting public events, theatrical exhibitions, public shows, public amusements and exhibitions shall be $50. Otherwise fees shall be as follows:
A. The nonrefundable application fee for public events, theatrical exhibitions, public shows, public amusements and exhibitions shall be as follows:
| Anticipated Persons Attending (Single Event) | Fee |
---|
| Less than 500 | $50 |
| Less than 1,000 | $100 |
| Less than 2,500 | $150 |
| Less than 5,000 | $300 |
| More than 5,000 | $500 |
B. The City Council may increase the above fee for any application for which the actual expenses of a review and hearing process exceed those fees stated above.
C. In any calendar year, the City Council may grant a maximum of three public event licenses, with a minimum of 60 days between events, on any privately owned land parcel(s) throughout the City.
D. In addition, any licensee licensed under the above provisions shall be responsible for the cost of any damage that occurs to public property or extraordinary expense necessary for public safety as a result of the public event, exhibition, show, or amusement.
Failure or neglect on the part of any licensee licensed under the above provisions to observe and obey the laws of the commonwealth, the ordinances of the City or the rules, regulations and orders of the City Council conditioning or relating to such license, or to observe and obey any order of the Mayor or of the Chief of Police in relation to the discontinuance, alteration, modification or removal of any performance, act, feature, picture or event according to the provisions of §
104-31 shall operate as a cancellation and determination of the license granted to the licensee.
All licensed theatrical or other public performances, acts, features, pictures or parts thereof performed or presented at any theatre, exhibition hall, public show, public event or other place of public amusement shall be subject to the censorship of the Mayor or the Chief of Police, and any person licensed under the provisions above shall forthwith discontinue, alter, modify or remove any such performance, act, feature or picture as may be determined by them to be injurious to the public peace, morals or safety, or in violation of any federal, state and local laws, regulations or ordinances.
The provisions of §§
104-25 to
104-32 shall apply to dance halls, skating rinks, picnic groves and other places of public amusement in which the public may take an active part, but to which admission is obtained by the payment of money or some other valuable consideration.
The provision of Article
IV shall not apply to public events, theatrical exhibitions, public shows, public amusements and exhibitions by religious societies conducted on property owned by them, or to public shows and exhibitions given in school buildings by or for the benefit of the pupils thereof, or to any events on public property properly permitted and approved by the appropriate permit granting authority, or to enterprises holding appropriate entertainment licenses from the License Commission or to road races licensed pursuant to §
185-4.