[Ord. 757, passed 2-5-1979]
As used in this article, certain terms are defined as follows:
All manner and form of entertainment including among others:
theatrical and operatic performances, concerts and lectures; carnivals
and side shows, circuses; all forms of entertainment at fair grounds
and amusement parks; sports events; swimming or bathing pools; vaudeville
shows; dancing; golf courses and golf driving ranges; bowling alleys;
tennis, baseball hitting games, billiard and pool games, and all other
forms of entertainment, recreation, sport or pastime for which a charge
is made. "Amusement" does not include any form of entertainment accompanying
or incidental to the serving of food or drink or the sale of merchandise,
where the charge for the entertainment is wholly included in the price
paid for the refreshment or merchandise; and "amusement" does not
include any form of entertainment, the proceeds of which, after payment
of reasonable and customary expenses, inure exclusively to the benefit
of religious, educational or charitable societies or organizations,
private clubs, lodges or fraternal organizations, veteran's organizations,
or police or firemen's pension organizations.
Any natural person, firm, association, partnership or corporation.
Whenever used in any clause prescribing and imposing a penalty, the
term "person" as applied to a partnership or association means the
partners or members thereof, and as applied to a corporation, the
officers thereof.
Any person or other entity conducting any amusement.
[Ord. 757, passed 2-5-1979]
On and after January 1, 1979, no producer shall begin or continue
to conduct within the Town any form of amusement at any permanent
or temporary place of amusement, or any itinerant form of amusement
unless an amusement permit has been issued and the fee paid.
[Ord. 757, passed 2-5-1979]
(a)Â
On and after January 1, 1979, producers desiring to begin or continue
to conduct any amusement within the Town shall file with the Town
Manager or his designee an application for an amusement permit, and
shall pay the fee for such permit as required by the Town. The permit
fee shall be established by resolution and may be changed from time
to time as deemed necessary by the Town Council.
(b)Â
The Town shall provide application forms for such permits, which
shall include:
[Ord. 757, passed 2-5-1979]
(a)Â
Every permit shall be issued in triplicate. The original, signed
by the Town Manager, with the Town seal, shall be given to the permit
holder.
(b)Â
No permit shall be issued unless the amusement complies with all
Town codes pertaining to zoning, land use, public safety and other
regulations pertaining to such amusement.
[Ord. 757, passed 2-5-1979]
The Town Manager is hereby empowered with the administration
and enforcement of the provisions of this article. He is further empowered
and authorized to appoint and delegate police officers or other officials
to conduct the necessary inspection of such operation as controlled
by this article. The Manager is also empowered to prescribe and enforce
rules and regulations relating to any matter pertaining to the administration
and enforcement of this article.
[Ord. 757, passed 2-5-1979]
The provisions of this article are severable, and if any of
its provisions are held illegal, invalid or unconstitutional, the
decision of the court shall not affect or impair any of the remaining
provisions of this article. It is hereby declared as the intent of
Council that this article would have been adopted had such unconstitutional,
illegal or invalid provisions not been included herein.
[Ord. 757, passed 2-5-1979]
Any person convicted before any District Magistrate for violation
or failure to carry out any provision or requirement of this article
or attempting to do anything whatever to avoid payment of the whole
or any part of the fee imposed under this article, shall be fined
not more than $300 for each offense and the cost of prosecution thereof,
and in default thereof shall be imprisoned for not more than 30 days.
Each day that any person continues to violate or fails to comply with
any requirement of such sections shall be considered a separate offense.
