To ensure the public good and promote the public welfare, the
Town of Evans requires the licensing of all special events occurring
within the Town of Evans outside the Village of Angola.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT OR PERSON
Includes an individual, organization, society, club, firm,
partnership, corporation or association of persons, and the singular
shall include the plural number.
SPECIAL EVENT
An event that is expected to draw a large number of people
due to its nature, interest, location, promotion or any combination
of similar influences, and that is held on public property or on private
property that affects public property within the Town of Evans outside
the Village of Angola, and requires support and/or resources from
the Town of Evans.
Upon receipt of a complete application, including payment of
applicable fees, the Town Clerk shall refer the same to the Evans
Chief of Police for investigation regarding the character and reputation
of the applicant, and if applicable, to the Erie County Health Department
for investigation regarding the cleanliness and sanitary condition
of the premises and any food being prepared and/or served as part
of the special event, all with a view to the preservation of the public
peace, morals, health and safety. It shall be the duty of the Evans
Chief of Police, and if applicable, the Health Officer, to approve
with their signatures or to disapprove and to report the results of
the investigations promptly to the Town Clerk, who shall lay the same
before the Town Board.
A license may be refused by the Town Board if it has good reason
to believe that the applicant has been convicted of a felony within
five years of the date of application; or a misdemeanor or any offense
which shows unfitness to conduct such special event within one year
of application; or who has omitted a material statement or made a
false statement in the application required in this chapter; or that
the place where the special event is proposed to be located is not
a proper or appropriate place. If the application is rejected by the
Town Board, the Town Clerk shall thereupon notify the applicant in
writing of its decision and the reasons therefor. No applicant whose
license has been refused shall make further application therefore
within 90 days from the time of such rejection, unless he can show
that the reason for such rejection no longer exists. No license shall
be refused except for a specific reason and for the protection of
the public health, safety, good order or morals.
No special event license shall be transferred from one person
to another.
Every special event license issued in accordance with the provisions
of this chapter shall be posted in a conspicuous place at the location
where such special event is conducted or maintained during the entire
term of the special event.
It shall be unlawful for any person conducting or maintaining
a special event, as defined in this chapter, to permit any disorderly,
indecent, immoral or unlawful conduct on or in such premises where
such special event is located or to have or allow on the premises
any slot machine or gambling device of any kind.
The person or persons conducting a special event pursuant to
a license issued pursuant to this chapter shall conduct said special
event pursuant to the requirements of all applicable federal, state,
local and Town laws, ordinances, rules and regulations.
When a license has been revoked, no other license shall be issued
to the same licensee within one year.
Any person who, by themselves or by their agent or employee,
shall conduct or maintain any special event without the license required
by this chapter; or violates any of the provisions thereof; or conducts
such special event during a prohibited time; or continues to conduct
such special event after having had a special event license issued
hereunder suspended or revoked, shall, upon conviction of such violation,
be subject to a fine or penalty of not more than $250 or 15 days imprisonment,
or both, and in addition, may have such license, if then in force,
suspended or revoked by the Town Board. Each day on which such violation
continues shall constitute a separate offense.
This chapter shall be enforced by the Code Enforcement Office
and the Police Department of the Town of Evans.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision of this chapter.
This chapter shall take effect immediately upon filing with
the Secretary of State.