[Ord. of 4-6-2005(1), § 8-250]
The purpose of this article is to establish standards to provide
limited recurring outdoor entertainment which is traditional in a
summer resort and at the same time provide an opportunity for the
town to know in advance about outdoor entertainment and to take precautions
for orderliness, safety, pedestrian traffic in and around an establishment,
and noise levels.
[Ord. of 4-6-2005(1), § 8-251]
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means and includes but is not limited to singing, playing
of musical instruments, recitations, drama productions, or playing
recorded music, whether amplified or not, beyond the exterior walls
of any building or structure.
[Ord. of 4-6-2005(1), § 8-252]
(a)
All outdoor entertainment will be strictly limited to performances
on porches, patios or decks physically attached to the licensed premises,
or within 25 feet of the principal structure.
(b)
Such entertainment or amplification will strictly be limited to a
precise area on the premises as described in the application and as
expanded or contracted by the town council at the hearing on the license.
(c)
To limit projection of sound, any amplification or projection of
any sounds shall be inward towards the building space and not towards
other properties.
[Ord. of 4-6-2005(1), § 8-253]
This article shall not apply to:
[Ord. of 4-6-2005(1), § 8-254]
(a)
Any establishment offering or holding outdoor entertainment shall
apply for a license for outdoor entertainment in the office of the
town clerk.
(b)
Only the owner of the property to be licensed or the authorized agent
of the owner may apply for and hold a license for outdoor entertainment.
(c)
The fee for such license shall be on file in the town clerk's office.
(d)
All licenses are issued for a period of no more than one year and
shall be renewable on December 1 of each year.
(e)
The holder of a license is entitled to have the license renewed,
provided the license renewal application is complete and timely and
submitted by October 1.
(f)
The board of license commissioners must advertise the hearing once a week for two weeks in a newspaper of local circulation with the cost paid by the applicant, as per G.L. 1956, § 3-5-17. The initial advertisement must appear 14 days or more before the scheduled hearing date.
(g)
Prior to the board of license commissioners hearing to consider issuing
any new outdoor entertainment license, notice of the application must
be given by regular mail to all owners of property within 200 feet
of the premises seeking the application. The notice is to be given
by the town clerk's office and the cost paid by the applicant. The
notice must state that remonstrants have a right to be heard and specify
the time and place of the hearing.
[Ord. of 4-6-2005(1), § 8-255]
To provide hours of respite from outdoor sound, outdoor entertainment
shall be strictly limited to the hours of 12:00 p.m. through 9:00
p.m.
[Ord. of 4-6-2005(1), § 8-256]
The holder of a license for outdoor entertainment shall comply
with all provisions in any ordinance of the town.
[Ord. of 4-6-2005(1), § 8-257]
To limit the projection of sound beyond the property line, any
amplification equipment or projection of sound shall be directed away
from abutting properties. The holder of a license shall cooperate
with any official of the town in the collection of accurate noise
data.
[Ord. of 4-6-2005(1), § 8-258]
(a)
Any license holder who violates the terms of the license, or any
ordinance of the town, shall be subject to a fine. The amount of such
fine shall be on file in the town clerk's office.
(b)
In addition, 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
and a duly advertised show cause hearing has been convened by the
town council acting as board of license commissioners.
