[Ord. 6/8/36; Ord. 6/11/62, §§ 2 through 7;
Ord. 6/23/77; Ord. 11/22/88, § 1; amended 10-10-2019]
As used in this section, the following terms shall have the
meanings indicated:
MOBILE FOOD ESTABLISHMENT (MFE)
A food service operation that is operated from a movable
motor-driven or propelled vehicle, portable structure, or watercraft
that can change location. "MFE" specifically includes, but is not
limited to food trucks, food carts, ice-cream trucks/carts, and lemonade
trucks/carts.
MOBILE FOOD ESTABLISHMENT PERMIT
A permit issued by the Town to a MFE operator who possesses
a state MFE registration, or who achieves equivalent qualification.
MOBILE MERCHANDISE VENDOR (MMV)
A vending operation that is operated from a propelled vehicle
or portable structure that can change location, or a vendor who travels
door-to-door to residences.
a. The applicant for a MFE or MMV permit will submit a completed Town
application to the Town Clerk.
b. If an applicant operates more than one MFE, the applicant shall submit
a separate application for each MFE and pay a separate application
fee per year for each MFE.
c. The holder of a state mobile food establishment registration is deemed
to satisfy all Town qualifications for the MFE permit.
d. MFE permits are not transferable.
a. The holder of a MFE or MMV permit will comply with all Town land
use regulations and zoning and noise ordinances.
b. Any violation thereof shall be cause for revocation of the permit.
a. The maximum number of MFE permits issued by the Town shall be five,
unless changed by vote of the Town Council.
b. The maximum number of MMV permits issued by the Town shall be three,
unless changed by vote of the Town Council.
c. The allowed hours of operation for MFE/MMV permit holders are between
8:00 a.m. and 11:00 p.m.
d. MFEs and MMVs are to be stationary while selling. A MFE may be no
closer than 200 feet to any permanent establishment serving food.
e. MFEs and MMVs seeking to sell at South Shore Beach must first receive
the approval of the Beach Commission.
a. The MFE/MMV permit shall be affixed to the structure in a conspicuous
place.
a. The fee for a MFE/MMV permit is $75 per year, or portion thereof.
b. A MFE/MMV permit shall mirror date of expiration of state MFE registration.
a. Any person violating any of the provisions of this section may be
fined up to $100 for each violation.
[Ord. 12/13/65, § 1]
No person shall engage in the business of purchasing, selling,
processing, converting, bartering or dealing in junk, old metals and
any other second-hand articles, used automobiles or machinery, whether
as keeper of a shop, area, yard or storehouse for the reception, processing
or conversion of the same, or as a gatherer of the same in any bag,
wagon or other vehicle, or as a foundryman receiving the same for
the purpose of melting the same or of converting the same into casting,
or as a person establishing, operating or maintaining an automobile
junk yard, unless such person shall be duly licensed by the Town Council
and subject to the following conditions and restrictions:
a. The annual fee for such licenses shall be as follows: For a keeper
of such shop, area, yard or storehouse, except for an automobile junk
yard, $25; for a gatherer, as aforesaid, $5; for a foundryman, as
aforesaid, $5; and $100 for a person establishing, operating or maintaining
an automobile junk yard.
b. Every such shop, area, yard, storehouse, bag, wagon, other vehicle,
foundry and place of business of any such licensed person shall be
subject to the inspection and examination of the Chief of Police or
any of his authorized agents.
c. Every such licensed person shall keep in a book a contemporaneous
record in the English language of the business done by him as follows:
A description of every article purchased or sold by him, at the time
of purchase or sale, the name and residence of the person from whom
the same was purchased or to whom the same was sold by him, and the
day or hour of such purchase or sale. This book of record shall be
subject to examination at any time by the Chief of Police or any of
his authorized agents, and also by members of the Town Council.
d. Every such licensed person shall keep any property purchased or received
by him for a period of 10 days from the date he acquires the same,
and during that period such property shall not be disfigured or treated
in any way by which its identity may be destroyed or affected, except,
however, that any person licensed as a gatherer may at any time sell
any such property to a person licensed as a keeper or foundryman within
said period, and provided further that any licensed person may sell,
process and melt such property within said period of 10 days with
the permission in writing of the Chief of Police.
e. No licensee aforesaid shall burn any material unless he has first
obtained a burning permit from the Fire Department and no such permit
shall be issued unless all of the owners or occupants of the land
within 600 feet of the land upon which such business is to be carried
on shall consent to said burning.
f. No person licensed as herein provided shall directly or indirectly
either purchase or receive in barter or exchange any junk or metals,
or used automobiles or machinery from any minor, knowing or having
reason to believe him or her to be a minor, unless such minor shall
be licensed in accordance with this section.
g. No person licensed as a keeper as aforesaid shall do or permit any
business between the hours of 7:00 p.m. and 6:00 a.m.
h. Every person licensed as a keeper, as aforesaid, shall display in
a conspicuous place on his place of business, the license granted
to him.
[Ord. 12/13/65, § 2]
Every applicant for any such license shall set forth with full
particulars upon a form to be furnished by the Town Clerk, answers
to the following questions:
a. Name and address, both of residence and of business of the applicant.
b. Business or employment of the applicant during the five years next
preceding application.
[Ord. 12/13/65, § 3]
All licenses granted under the provisions of this section shall
expire one year from the date of their issuance, providing that any
such licenses so granted may be revoked at any time by the Town Council
at pleasure or for cause, and no rebate shall be made from the license
fee for such license for less than one year.
[Ord. 12/13/65, § 4]
No junk, old metal or used automobiles or machinery shall be
stored by such licensed person in the open on any lot or tract of
land within the Town unless the area to be used for such purposes
is enclosed by a tight board fence at least six feet in height that
shall not be located within 10 feet of the boundary lines of said
lot or tract of land; openings between boards not to exceed 1/2 inch,
and the nearest point of the property utilized for storage of junk
or metal, used automobiles or machinery, shall be not less than 600
feet from any public highway.
[Ord. 12/13/65, § 5]
No license shall be granted for any location not lawfully occupied
for such purpose at the time of application for the license under
this section except upon written application which shall be duly advertised
and upon which a public hearing shall be held. Notice of the public
hearing shall be posted at least seven days but not more than 14 days
prior to the hearing in not less than two public places in the Town
and in a newspaper of general circulation in the Town. Applicant to
pay the Town Clerk the sum of $10 plus cost of posting two advertisements
prior to the posting and advertising. Provided, however, that no license
shall be granted under this section in any location not lawfully occupied
for such purpose at the time of the application for such license where
the owners or occupants of the greater part of the land within 200
feet of the land upon which such business is to be carried on, shall
file with the Town Council their objection to the granting of such
licenses.
[Ord. 12/13/65, § 6]
Any person who engages in the business of buying, selling, processing,
bartering, or dealing in junk, old metals and any other second hand
articles or used automobiles or machinery to any person establishing,
operating or maintaining an automobile junk yard without having obtained
a license as hereinbefore provided, or who violates any of the provisions
of this section, shall pay a fine not exceeding $500, or to be imprisoned
not exceeding six months for each offense.
[Ord. 12/13/65, § 7]
No license shall be granted for an automobile junk yard unless
it is to be operated and maintained exclusively for the purpose of
salvaging the value as scrap of the material collected, as opposed
to reselling parts to be used for the purpose for which they were
originally manufactured, and is to be located in a built-up commercial
or industrial area, or contiguous to a railroad siding, or on or contiguous
to docking facilities; or unless it is:
a. More than 600 feet from any State highway; and
b. More than 300 feet from any park, bathing beach, playground, school,
church or cemetery and is not within ordinary view therefrom; and
c. Screened from view either by natural objects or well constructed
and properly maintained fences at least six feet high acceptable to
the Town and so specified on the license.
[Ord. 12/13/65, § 8]
The Town Council shall have the right to revoke this license
at pleasure, or upon violation of this section, or, in the event any
such licensee is deemed to be operating a nuisance, the revocation
shall become effective only after a public hearing, the location,
date and time of which to be determined by the Town Council after
receipt of a complaint and after notice has been sent to the licensee
effected. This notice shall be given to the licensee at least five
days prior to the date of the hearing.
[Ord. 3/25/64]
No person shall operate a public laundry within the Town unless
a permit is obtained from the Town Council for the operation thereof.
Such permit shall be issued only after the Town Council has caused
an inspection to be made of such laundry and upon such terms and subject
to such rules and regulations as are hereinafter provided for the
purpose of protecting the public health and the suppression of unsanitary
conditions.
[Ord. 3/25/64; Ord. 5/7/81, § 2]
Every permit issued under this section shall continue in force
until April 1 in the year following its issue unless sooner revoked
or suspended, and for each permit the person to be licensed shall
pay a fee in the amount of $10 per year or a pro rata sum for the
unexpired portion of any year, all fees to be paid into the Town Treasury.
[Ord. 3/25/64]
Any permit issued may be revoked or suspended by the Town Council
for cause shown after a hearing of which the holder of such permit
shall receive seven days' notice in writing.
[Ord. 3/25/64]
Application for this permit shall be made in such form and shall
contain such information in regard to the public laundry for which
it is desired as hereinafter required. The application for such permit
may be made at any time. Within 40 days after the receipt of any such
application, the Town Council shall determine whether or not the permit
applied for shall be granted. The Town Council shall give the applicant
for, or holder of, any permit notice in writing of any decision it
may make in relation thereto, and any such applicant or holder aggrieved
by such decision may, within 30 days after receipt of such notice,
appeal therefrom to the Superior Court as provided by law.
[Ord. 3/25/64]
Every person to whom a permit is issued under this section shall
keep the same displayed in a conspicuous place in the office or place
of business for which it is issued, and shall whenever requested exhibit
the same to the Town Council or its duly authorized agent. The Town
Council shall cause inspection to be made of each public laundry before
a permit is issued for its operation and at least once a year after
such first inspection, and for such purpose and for the enforcement
of the provisions of this section, the Town Council and its duly authorized
agent may enter upon and inspect any premises which it has reason
to believe are being conducted, operated and maintained as a public
laundry.
[Ord. 3/25/64, § 6]
a. "Public laundry" shall mean and include any plant or equipment conducted
or operated as a laundry for profit, and for which business is solicited
from the general public, but shall not mean or include a laundry operated
exclusively for and in connection with a hospital, school or other
institution, hotel, boarding house or private dwelling, nor a laundry
operated by one institution which also serves another institution.
b. A "public laundry" shall mean and include laundromats or automatic
laundries, so-called.
c. No public laundry shall be operated between the hours of 10:00 p.m.
and 7:00 a.m. of any weekday, nor on Sunday or any legal State holidays,
provided however, that nothing herein shall be deemed to exclude the
collection of articles to be washed or cleaned at any time of the
day or night in duly licensed laundries or those existing outside
of the Town of Little Compton.
d. All applicants under the provisions of this section shall, prior
to the issuance of a permit, prove to the satisfaction of the Town
Council the suitability of the water to be utilized in the laundry.
The water shall be tested and shall pass the standard requirements
of the State Department of Health. If the water does not pass the
standard requirements of the State Department of Health, no permit
shall be issued. The applicant shall furnish the Town Council with
a written certificate of satisfactory water condition of the State
Department of Health.
e. The applicant shall further provide to the satisfaction of the Town
Council sufficient sewerage facilities to take care of peak operation
of the laundry at all times. The sewerage facilities shall be of a
design and construction to be approved by the Council in advance of
the issuance of a permit. The construction shall be shown by the applicant
on a plat and the applicant shall furnish a location and design so
that the distance between well and septic tank shall be at least 300
feet and the distance from septic tank and any well or facility of
abutting land owners shall be at least 400 feet apart.
[Ord. 3/25/64, § 7]
Any person, and any official or agent of a corporation or association
operating or maintaining a public laundry or making collection of
articles to be washed or cleaned therein contrary to the provisions
of this section or who shall in any way interfere with the Town Council
or its duly authorized agent in the inspection of any premises as
prescribed in this section, or who shall operate or maintain any public
laundry without a permit as prescribed in this section shall be punished
by a fine of not more than $500 or by imprisonment for not more than
10 days or by both such fine and imprisonment and each day of such
operation after due notice from the licensing authority shall be deemed
a separate offense.
This section is hereby enacted under the provisions of Title 5, Chapter
16, of the General Laws of the State of Rhode Island of 1956, as amended.
[Ord. #1981-2, § 1, 2; Ord. 6/10/82; Ord. 9/22/88;
Ord. 8/5/93; Ord. 9/8/05; amended 9-22-2016]
a. The
Town Clerk is authorized to grant the following licenses upon submission
of an application and payment of fees.
Entertainment
|
|
Bingo
|
$10 per night
|
Dance
|
$10 per night
|
Masquerade balls
|
$10 per night
|
Moving picture shows
|
$10 per night
|
b. The
Town Clerk is authorized to issue the following licenses subject to
prior approval by the Town Council and upon payment of fees.
Entertainment
|
|
Bingo
|
$75 per year
|
Bowling alley (each alley)
|
$20 per year
|
Dance (over 1 day to 6 months)
|
$40 per year
|
Dances (up to 1 year)
|
$75 per year
|
Moving picture shows
|
$75 per year
|
Pool table, pinball machine, mechanical music machine, electronic
music machine, video game (each table machine, or game)
|
$20 per year
|
Holiday sales
|
$50 per year
|
Victualing house, tavern, etc.
|
$20 per year
|
Laundromat
|
$20 per year
|
c. No
license shall be granted until the following conditions have been
fulfilled:
1. All Town taxes and fees shall have been paid to date to the Town
Treasurer and Collector of Taxes or other Municipal Agency authorized
to collect such fees or taxes.
2. All conditions for operation of said establishment imposed on said
establishment by any Town Board or Commission shall have been complied
with in full.
d. All
licenses shall come due on December 1. Any license for a partial year
or any seasonal license shall pay the full fee unless otherwise provided
in this section.
e. Penalty.
Any person violating any of the provisions of this section, or any
of the rules and regulations promulgated by the Town Council in carrying
out the provisions of this section, shall be fined not more than $100,
or be imprisoned not exceeding 30 days, or both.
Any person submitting an application for an alcoholic beverage
license shall do so in accordance with the provisions set forth in
the General Laws of Rhode Island, 1956, as amended.
[Ord. 8/5/93]
The Board of License Commissioners shall not grant any alcoholic
beverage license, except a Class F or F-1, until the following conditions
have been fulfilled:
a. All requirements under the General Laws of Rhode Island, 1956, as
amended.
b. All State and Town taxes pertaining to the establishment have been
paid.
c. If a corporation, proof of incorporation and good standing from the
Rhode Island Secretary of State has been filed with the Board.
d. If a renewal, an activity report for the establishment has been received
from the Chief of Police.
e. All conditions for operation of said establishment imposed on said
establishment by any Town Board or Commission shall have been complied
with in full.
[Ord. 9/8/05; Ord. 2/8/07; Ord. 4/23/15; amended 9-5-2019]
Class A
|
2
|
Class B-V
|
4
|
Class B-V, Limited
|
2
|
Class D, Full
|
3
|
Class F
|
Unlimited
|
Class F-1
|
Unlimited
|
Class SE
|
Unlimited
|
Class SE-1
|
Unlimited
|
[Ord. #1981-1, § 1-4; Ord. 11/10/83; Ord. 8/7/86;
Ord. 11/21/91; Ord. 1-10-02; Ord. 11/6/03; Ord. 9/8/05]
Class A
|
$400†
|
Class B-V
|
$500†
|
Class B-V, Limited
|
$500†
|
Class D, Full
|
$400†
|
Class F
|
$15*†
|
Class F-1
|
$35*†
|
Class SE
|
$15
|
Class SE-1
|
$35
|
Transfer Fee of a Class A, B-V or D (full) Beverage License
|
$100
|
[Ord. 5/23/91]
PRIVATE DETECTIVE
Shall mean any person who accepts employment for hire, fee,
or reward to conduct investigations involving inquiries into unsolved
crimes, clandestine surveillance, search for missing persons, search
for lost or stolen property, or into the character or kind of business
or occupation of any person.
[Ord. 5/23/91]
No person shall operate as a private detective in the Town of
Little Compton without first obtaining a license therefor from the
Town Council as provided in this section.
[Ord. 5/23/91]
In order to be eligible for a license, an applicant must:
a. Be a resident of Little Compton and a citizen of the United States
or a resident alien;
b. Not have been convicted of a felony in any jurisdiction;
c. Not have had any previous private investigator license or registration
revoked, or application for such license or registration denied, by
the appropriate authority of any local licensing authority;
d. Not have been declared by any Court of competent jurisdiction incompetent
by reason of mental defect or disease unless said Court has subsequently
determined that his or her competency has been restored;
e. Not suffer from habitual drunkenness or from illegal narcotics, addiction
or other illegal drug dependency;
f. Be of good moral character;
g. Have:
1. At least five years experience as an investigator, or as a police
officer with a State, County or municipal police department, or with
an investigative agency of the United States of America or of any
State, County or municipality; or (2) a degree in criminal justice
from an accredited college or university; or (3) been employed by
a private detective as an investigator for at least five years; or
(4) substantially equivalent training or experience.
[Ord. 5/23/91]
Applications for licenses issued under this section shall be
made upon blank forms prepared and made available by the Town Clerk
and shall state the following:
a. The full name, age, residence, and previous occupation of the applicant.
b. Whether the applicant is a citizen of the United States or resident
alien and a resident of Little Compton and for how long.
c. Whether the applicant has ever pleaded guilty or been convicted of
a felony.
d. Whether the applicant has been declared by a court to be incompetent
by reason of mental defect or disease unless said court subsequently
determined that the applicant's competency has been restored.
e. Whether the applicant suffers from habitual drunkenness or from illegal
narcotics addiction or other illegal drug dependency.
f. The experience of the applicant as an investigator or as a police
officer with a State, County or municipal police department or with
an investigative agency of the United States of America or of any
State, County or municipality.
g. Whether the applicant has received a degree in criminal justice from
an accredited college or university, and if so the details thereof.
h. The number of years the applicant has been a private detective or
has been employed by a private detective as an investigator.
[Ord. 5/23/91]
The application required shall be accompanied by a filing fee
of $50 payable to the Town Clerk of Little Compton.
[Ord. 5/23/91]
After an examination of the application and such further inquiry
and investigation as deemed necessary and proper by the Town Council
as to the good character, competency and integrity of the applicant
and person named in the application, the Town Council shall within
30 days after the receipt of the application, or as soon as practicable,
notify the applicant as to the issuance or denial of the license.
[Ord. 5/23/91]
The Town Council shall deny the application for or renewal of
licenses if it finds that the applicant:
a. Does not meet the qualifications for a license set forth in this
section, or if the applicant has violated any of the provisions of
this section;
b. Practices fraud, deceit or misrepresentation;
c. Makes a material misstatement in the application for or renewal of
a license; or
d. Demonstrates incompetence or untrustworthiness in actions affecting
the conduct of his or her private detective business.
[Ord. 5/23/91]
The Town Council in approving or denying an application for
a license or renewal shall:
a. If the application is approved, issue a license in the form prescribed
by this section.
b. If the application is denied, notify the applicant in writing of
same stating its reasons for such action.
c. If the applicant, within 15 days of the Council's denial of
the application, requests a hearing the Council shall grant such a
hearing and give the applicant due notice thereof.
[Ord. 5/23/91]
Each license shall expire one year after its date of issuance.
Subject to the Council's power to deny, revoke or suspend, any
license shall be renewable by the Council upon proper application
and payment of license fees. An application for renewal must be received
by the Town Council at least 30 days prior to the expiration date
of the license. If the Council denies such application for renewal,
the applicant may within 15 days after receipt of notice of such denial,
request a hearing, and the Council shall afford such a hearing and
give due notice to the applicant.
[Ord. 5/23/91]
The license fee for a private detective shall be $150 annually.
[Ord. 5/23/91]
a. No license issued under this section shall be assigned or transferred.
b. A license may be suspended or revoked if the licensee:
1. Violates any provisions of this section; or
2. Practices fraud, deceit, or misrepresentation.
c. Each license shall be surrendered within 72 hours after it has been
revoked or after the licensee ceases to do business pursuant to an
order of suspension.
d. The licensee shall notify the Town Council in writing within five
days of any material change in the information previously furnished
to the Town Council or of any occurrence which could reasonably be
expected to affect such license.
[Ord. 5/23/91]
a. No individual, licensed by or subject to the provisions of this section,
shall wear or display any insignia, patch or pattern which shall indicate,
or tend to indicate, that he is a law enforcement officer of the Federal
government, a State, or any political subdivision thereof, or which
contains or includes the word "police", or the equivalent thereof,
or is similar in wording to any law enforcement agency in this State.
All badges, shields and any other devices shall not indicate or tend
to indicate that it represents that of any law enforcement officer
of the Federal government, a State or any other political subdivision
thereof. All such wording must be approved by the Town Council.
b. No person while performing any activities licensed by this chapter,
shall have or utilize any vehicle or equipment displaying the words
"police", "law enforcement officer", or the equivalent thereof or
have any sign, shield, marking, accessory or insignia that may indicate
that such vehicle is a vehicle of a public law enforcement agency.
All such wording must indicate private detective or private investigating
agency and be approved by the Town Council.
[Ord. 5/23/91]
No license shall be issued under this section until the applicant
has filed with the Town Clerk a bond with a surety company authorized
to do business in the State of Rhode Island, conditioned for the benefit
of any person injured by willful malicious, or wrongful acts of the
licensee, which, in the case of an individual, shall be $5,000.
[Ord. 5/23/91]
Identification cards shall be carried by persons licensed under
this chapter. Every person in the employ of the licensee shall be
given an identification card by the licensee. The identification card
shall be approximately 2 1/2 inches wide and 3 1/2 inches
long, and shall bear upon it the name of the person, the name of the
licensee (business name), date of birth of the individual, residence
address, his or her left thumb-print, and a photograph, and a space
which the licensee shall write his or her usual signature with pen
and ink.
[Ord. 5/23/91]
It is unlawful, under this section, to knowingly commit any
of the following:
a. Provide any service required to be licensed under this chapter without
possession of a valid license issued by the Town Council.
b. Employ any individual who has not first complied with all the provisions
of this section.
c. Falsely represent that a person is the holder of a valid license.
d. Possess a license or identification card issued to another person.
e. Wear or display any insignia in violation of Subsection
6-6.12.
[Ord. 5/23/91]
a. The licensee shall post the license in the primary place of business
and carry proper identification cards as provided for in this chapter.
b. The licensee shall report all felonies immediately to the Rhode Island
State Police, appropriate Federal Agency, or to the Town Police Department
where the crime has occurred.
[Ord. 2/18/93]
Any person violating this section shall be imprisoned five days
or fined $500.
[Ord. 1/7/16; Ord. 9/22/16]
a. An entertainment license must be obtained by any person, business
or entity intending to provide entertainment to customers within the
Town.
b. The fee for an entertainment license is $100 annually, or $15 per
event.
[Ord. 1/7/16; Ord. 9/22/16]
a. ENTERTAINMENT — Shall mean and includes, but is not limited
to: singing, recitations, drama productions, playing of musical instruments
or recorded music, whether amplified or not, public viewing of live
or televised sports or events, and lighting of fireworks.
b. INDOOR — Shall mean within the exterior walls of any durable
building, with doors and windows closed.
c. OUTDOOR — Shall mean beyond the exterior walls of any durable
building.
d. Entertainment in any area not enclosed by hard-surface walls, doors
and glass is considered outdoor entertainment.
[Ord. 1/7/16; Ord. 9/22/16]
a. The entity seeking an entertainment license must apply in writing,
providing the following information as a minimum:
1. Name, residence, mailing address, telephone number.
2. Total number of events planned, with days and hours that entertainment
will be offered.
3. Nature and types of entertainment to be offered.
4. Maximum number of participants expected at the largest event.
5. A plan to limit the number of participants to the maximum cited.
6. A scaled drawing of locations, sizes and dimensions of major elements
for each planned type of event.
7. An opinion of the Zoning Official that the proposed activity is compliant with the provisions of Chapter
14 (Zoning).
b. For those applications which seek to use property subject to a "conservation
restriction" pursuant to RIGL 34-39, such as a conservation easement,
deed for development rights, or other similar instrument, the applicant
must provide a written statement from the agency or organization holding
such a conservation restriction affirming that the proposed entertainment
activity is fully consistent with the terms, conditions, and provisions
of the conservation restriction.
c. Applications found to be incomplete or erroneous, or whose applicant
is delinquent in taxes or fines, may be denied by the Town Council.
d. Applications which seek to intensify any non-conforming use of property per Chapter
14 must be accompanied by a special use permit.
[Ord. 1/7/16; Ord. 9/22/16]
a. Outdoor entertainment shall be permissible between the hours of 9:00
a.m. and 9:00 p.m. Its duration shall not exceed four hours.
b. Reasonable efforts shall be made by the licensee to project noise
away from abutting property owners. Noise mitigation techniques and
devices shall be used where appropriate and as may be required by
the Town Council.
c. The licensee shall cooperate with any official of the Town in the
collection by both parties of accurate noise data associated with
entertainment.
d. Outdoor entertainment will be strictly limited to a precise area
on the premises as approved by the Town Council.
e. For events expected to host more than 150 persons, the licensee shall supply an off-street parking area consistent with Chapter
14 (Zoning), with an adequate number of attendants to supervise orderly handling of traffic and with a detail of police officers or constables as determined necessary by the Chief of Police. The licensee shall pay the Town the prevailing detail rate for all such services.
f. The licensee shall supply adequate toilet facilities at both the
site of outdoor entertainment and the site of parking for any event.
g. The licensee shall provide evidence of insurance, satisfactory to
the Council at the time the license is issued. The Town shall be named
as an additional insured.
h. The licensee shall be responsible for compliance with all State,
Federal and local laws relating to health, safety and welfare of the
public at public gatherings.
i. For events that will go beyond 1/2 hour after sunset, lighting for the safe ingress and egress of attendees will be supplied, subject to Subsection
14-5.11e of these ordinances. Such lighting shall be energized only for the duration of the event. It shall be directed downward, inward, away from abutting properties, and below the horizontal plane onto the path or road. It shall be installed no higher than necessary to cast light on the intended surface.
j. Flying piloted vehicles overhead for the purpose of recording or
promoting entertainment events is prohibited.
[Ord. 1/7/16; Ord. 9/22/16]
a. Any licensee who violates the terms of the license, or this ordinance
or any other ordinance of the Town, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be subject to a warning, fine and/or
revocation or suspension of license and/or be subject to restrictions
by the Town Council on the amount and frequency of entertainment:
•First offense:
|
Warning
|
•Second offense:
|
$100
|
•Third offense:
|
$200
|
•Fourth offense:
|
$500 and revocation or suspension of license
|
•This sequence will restart with each annual license renewal
|
b. The Town Council may revoke a license for the calendar year, or suspend
it, or reissue it conditionally, or deny an application for a subsequent
calendar year, after notification has been given.
[Ord. 1/7/16; Ord. 9/22/16]
The Town Council may, at its discretion, waive any requirement
of this ordinance upon application with good cause shown, following
a public hearing. This section shall not apply to non-profit, religious,
charitable or civic organizations.