This chapter shall be known and may be sited as the "Public
Assemblies Law of the Town of Elbridge, New York."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
It shall be unlawful for any person, persons, corporation, organization,
landowner, or lessee to organize, promote, conduct, or cause to be
conducted any outdoor public musical entertainment, amusement, or
assembly of persons within the Town of Elbridge catering to the general
public for which said person, persons, corporation, organization,
landowner or lessee believes or has reason to believe will attract
1,000 or more persons unless a permit has first been obtained under
this chapter for the operation of said outdoor public musical entertainment,
amusement or assembly as provided by this chapter. Such permit shall
be required for each such outdoor public musical entertainment, amusement
or assembly. The fee for such permit to meet the cost of administering
the same shall be as established by resolution of the Town Board,
which shall be submitted with the application.
Written application for a permit for such outdoor public musical
entertainment, amusement or assembly shall be made to the Town Board
of the Town of Elbridge, and said application must be submitted in
seven copies to the Clerk of the Town of Elbridge 90 days or more
prior to the first day upon which such outdoor public musical entertainment,
amusement or assembly is to be held. Determination granting or denying
permits as herein provided for shall be made within 60 days after
application therefor. No permits shall be granted unless the applicant
complies with all requirements of this chapter. Denial of the permit
by the Town Board shall be in writing.
Such application shall include the following material:
A. A statement of the name, age and residence address of the applicant;
if applicant is a corporation, the name of the corporation, the names
and addresses of directors, officers and stockholders owning 5% or
more of the number of shares outstanding of each class of stock; if
the application is a partnership or other organized group of individuals,
the names addresses and ages of each and every individual associated
with the partnership or other entity.
B. A statement containing the name and address of the owner of the property
upon which the event is to occur and the nature and interest of the
applicant therein; the proposed dates and hours of such assembly;
the expected maximum number of persons intended to use the property
at one time and collectively; the expected maximum number of automobiles
and other vehicles intended to use the property at one time and collectively;
the purpose of the function, including the nature of the activities
to be carried on and the admission fees to be charged, if any; and
the names and addresses of all concessionaries and other persons providing
any services or facilities under contract, lease or other arrangement
for the event.
C. An occupational survey map prepared by a professional engineer licensed
by the State of New York showing size of the property; the names of
the record owners of the adjoining property; the streets or highways
abutting said property; the size and location of any existing building,
buildings, or structures or other facilities to be erected thereon
for the purpose of the assembly; the placement of the proposed distribution
system of water; the location of any parking areas for automobile
and other vehicles and the means of ingress and egress to such parking
area; and all service and other roads serving the camping area, food
services and other services, toilet facilities, garbage collection
facilities, the entertainment and performance areas.
D. A detailed plan and statement with drawings showing the distribution
and supply system for supply, storage, amount and distribution of
drinking water.
E. A detailed plan and statement with drawings showing the layout of
any parking area for automobiles and other vehicles and the methods
of traffic control to be used thereon. Such parking area shall provide
parking space of acceptable size for one motor vehicle for every two
persons in attendance.
F. A detailed plan and statement with drawings showing the facilities
for the preparation, storage, sale, and distribution of food, and
the means of servicing such area. Such plan shall also detail the
method and means of disposing of any garbage, trash, rubbish or other
refuse.
G. A detailed plan and statement fully describing any private security
personnel who will be engaged by the applicant to serve on or about
the site during the event and the qualifications and source of such
personnel.
H. A detailed plan and statement providing for fire protection specifying
the location of fire lanes, water supply, and equipment or apparatus
to be available for such proposes.
I. A detailed plan and statement specifying the facilities to be available
for medical, surgical, nursing, and ambulance service. Applicant shall
furnish to the Town Board the addresses of all doctors, nurses, pharmacists,
and ambulance services applicant will provide for the event, prior
to issuance of permit.
J. A detailed description of all insurance policies and surety bonds
to be provided by the applicant for the protection of the general
public and the Town of Elbridge. Certificates of such insurance and
bonds in the form satisfactory to the Town shall be submitted to the
Town Board at least 15 days prior to the commencement date of the
event.
K. A detailed plan for traffic flow in and about the area and the plan
for traffic control including consents from all state, federal and
local authorities.
L. A subscribed authorization from the landowner and the applicant to
the Town Board to permit the Town and its lawful agents to go upon
the property for the purpose of inspecting the same to determine if
there is compliance with the requirements of this chapter and the
permit, if granted, providing adequate police and fire protection,
and protecting persons and property from danger.
M. A statement subscribed by the applicant that the applicant will specify
in all advertising and promotional endeavors the limitation of the
number of tickets to be or otherwise issued as specified in the permit
and that the applicant will neither sell nor otherwise issue tickets
at the site while the event is in progress.
If a permit is granted by the Town Board of the Town of Elbridge,
such permit shall set forth the maximum number of persons to be permitted
to attend the event. The Town Board, in determining such maximum limit,
shall take into consideration the capacity of the site, and of available
public highways and other means of transportation to and from the
site. The applicant shall limit all ticket sales to such maximum number
and shall include such limitations in all advertising. No tickets
shall be sold at or near the site of event during the term of the
event unless special circumstances exist whereby the Town Board of
the Town of Elbridge gives such permission, in writing, to the applicant.
Applicant shall specify in all advertising and promotional endeavors
the limitation of number of tickets to be sold or otherwise issued
and the unavailability of tickets at the site while the event is in
progress unless otherwise specified by the Town Board in writing.
The permit shall not be granted if any of the items set forth
in said application are determined by the Town Board to be insufficient
to properly safeguard the safety, health, welfare and well-being of
persons or property or do not comply with any of the requirements
of this chapter.
If, after a permit is issued, the Town Board, through its lawful
agents, determines that any of the items required as a condition of
the permit are not adhered to and accomplished within the required
time limits or if any of the contracts, leases or other arrangements
for provisions of services and facilities or any insurances or surety
bond shall become terminated prior to the completion of the event,
then this permit may immediately thereupon be terminated by action
of the Town Board, unless breach or failure is promptly remedied within
such time limit as may be reasonably imposed by the Town Board of
the Town of Elbridge. Notice of termination of the permit shall be
in writing, addressed to the applicant at the address set forth in
the application.