Large assemblies on public and private properties may disturb nearby residents in the peaceful enjoyment of their homes and property, interfere with the general public's normal use of highways and other municipal facilities, and be harmful to the public safety and welfare. Large assemblages of people result in the need for some control over traffic and parking and may strain or exhaust police resources. In an effort to provide for the well-being of the community, the Town Board establishes the following procedures to assure that such assemblies may be accommodated without unduly burdening the community or the resources of the Town of Macedon.
[HISTORY: Adopted by the Town Board of the Town of Macedon 1-23-2025 by L.L. No. 2-2025. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any person seeking to hold a special event which is regulated hereunder and/or is subject to any provision of law, rule and regulations, or any part thereof, which is so subject, and which is subject to the review, inspection, regulation or enforcement of or by the Town of Macedon or other lawful authority.
Music which is an accessory use to a restaurant or a bar, tavern or nightclub.
A business enterprise which is conducted wholly or partly in a building and which primarily sells or serves alcoholic beverages to the public, and which provides for the consumption of such beverages on the premises, subject to the regulatory authority of the New York State Liquor Authority, and which possesses one or more of the following characteristics: age restrictions or cover charges for admission; listening or dancing to music provided by background music, live entertainment, jukeboxes or the like; and hours of operation which extend beyond the normal, typical, customary times for eating breakfast, lunch or dinner. The accessory or incidental sale of food or snacks may entitle such a use to be considered a restaurant under other provisions of this chapter, but the permanent or temporary removal or relocation of tables and chairs from a restaurant to permit any of the aforesaid characteristics shall constitute the creation of a bar, tavern or nightclub use.
The Chief of Police of the Town of Macedon, New York.
The Code Enforcement Officer of the Town of Macedon, New York.
The Fire Marshal of the Town of Macedon, New York.
Music, theater, dance or other similar entertainment, performed by persons on premises for the benefit of an audience or patrons. "Live entertainment" shall include but not be limited to entertainment provided by karaoke, musicians, vocalists, disc jockeys, actors, dancers, puppeteers, magicians and comedians. "Live entertainment" shall not include such use when it is conducted as an integral part of a religious ceremony or background music.
Any individual, association, firm, partnership, company, corporation or organization of any kind.
A business enterprise which is conducted wholly or partly in a building and which prepares, sells or serves food or beverages for or to the public, and which provides for the consumption of such food or beverages on the premises, and which may include related accessory uses such as takeout or delivery service, drive-up service window, outdoor seating, the sale or service of alcoholic beverages, and background music or live entertainment.
Any preplanned social occasion or activity, or series of such occasions or activities, sponsored or conducted by a person other than the Town or other governmental agency, occurring on private property and open to the general public or to such classes of users as to be in effect open to the general public, or on any public highway right-of-way or property owned by or leased to the Town, conducted indoors or outdoors, with or without admission or invitation fee, sponsorship or requested donation, for the purpose of entertainment, celebration, amusement, cultural recognition, amateur or professional sports demonstration or competition, or similar activities generically considered recreational in nature, including but not limited to carnivals, circuses, outdoor live entertainment, outdoor background music, festivals, car shows, fairs, bazaars, arts and cultural events, arts and crafts displays and/or sales, road races and walk-a-thons, public celebrations, parades, celebrations, ceremonies, marches, demonstrations, exhibitions, and any other occurrence involving public gathering and/or attendance which is not otherwise considered a matter of right under prevailing law such as to be exempt from governmental regulation, and including accessory activities conducted by vendors where the number of people in attendance is reasonably expected to be in excess of four times the usual number of patrons in attendance.
A permit or instrument granted by the Code Enforcement Officer pursuant to the provisions of this chapter.
The Town of Macedon, New York.
The Town Board of the Town of Macedon, New York.
The Code of the Town of Macedon, New York.
A person at a special event who, during the life of the special event permit, operates a booth, stand, cart or vehicle or otherwise occupies space in which he conducts games of skill or chance or sells or dispenses food, beverages, goods, merchandise, wares or the like.
A.
Special event permit required. No special event shall take place unless and until an application for a special event permit has been submitted to the Code Enforcement Officer and such permit has been issued thereby.
B.
Exemptions.
(1)
Events or activities such as weddings, parties, religious celebrations and functions, and other similar events, occurring within, or upon the grounds of, a private residence, where the property owner receives no compensation for hosting the event and guests/attendees are not charged a fee or asked to contribute a donation, whether mandatory or voluntarily, for admission.
(2)
Events or activities which are held on property owned by or leased to the Town or other governmental agency and which are sponsored, conducted, or otherwise permitted by the Town, municipal corporation or other governmental agency.
(3)
Events or activities which are held on public property, excluding highway rights-of-way, not owned by or leased to the Town.
(4)
Events or activities for which a special use permit was issued pursuant to the Town Code.
(5)
Events or activities held on property owned by an incorporated fire company.
(6)
Background music, live entertainment, or exhibitions occurring within the confines of a restaurant, bar, tavern, or nightclub.
A.
Except in the case of a spontaneous or similar event or exercise of free speech such as those in response to a contemporaneous occurrence, an application for a special event permit shall be filed with the office of the Code Enforcement Officer not less than 15 business days before the date of the proposed special event and in any case not later than the time required for the Town to review same and to determine that all arrangements are satisfactory and sufficient to protect the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event. The Code Enforcement Officer may waive such requirement and accept the filing of an application after the deadline for same if the Code Enforcement Officer determines that such late filing shall not have impaired the Town's ability to adequately review such application and all arrangements necessary to hold the special event as intended so as to safeguard the protection of the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event; however, the Code Enforcement Officer shall have the right to deny any such permit and prohibit such special event due to the late filing of an application or other material failure to comply with Town requirements as defined hereunder, including if such late filing shall have precluded or significantly impaired the Town's ability and opportunity to evaluate such application as provided under this chapter.
B.
Information and material to be submitted with a completed application for a special event permit. Application for a special event permit shall be on the form provided by the Code Enforcement Officer. Such application shall include the following written material, all or part of which may be waived by the Code Enforcement Officer, upon the consent of the Chief of Police and Fire Marshal, upon a determination that such material is inapplicable or unnecessary for the purposes of this chapter:
(1)
The name and address of the applicant; if the applicant is a corporation, the name of the corporation and the names and addresses of directors and officers of the corporation; if the applicant does not reside in Wayne County, the name, address and phone number of any agent, who shall be a natural person and shall reside or have a place of business in Wayne County and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any laws, ordinances, codes, rules or regulations resulting from a special event.
(2)
The name and address of the record owner of the property on which the special event will be held and the nature and interest of the applicant in the property.
(3)
A detailed description of the nature of the special event, including the dates, hours, admission and other pertinent details, including but not limited to setup and shutdown times; expected maximum number of persons intended to use such property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; the purpose of the event, describing in detail the nature of the activities to be carried on and the admission fee to be charged, if any, and a statement as to whether there are additional beneficiaries of the special event, in addition to or aside from applicant.
(4)
A plan and drawing showing the size of the property; the streets or highways abutting said property, the size and location of any existing or proposed buildings or structures or of any signs to be erected for the special event; the location of the stage or tents, if any, proposed to be erected; the designated areas of use for spectators, exhibitors, vendors, employees, and organizers; the location of all exits; the location of all fire extinguishers and other fire safety equipment; and the location of all temporary utilities to be installed for the special event.
(5)
A plan and drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking area along with a description as to how incoming and outgoing traffic will be managed or controlled on private property and in the proximate public rights-of-way.
(6)
An estimate as to the number of persons or vendors who will be engaged in the preparation and sale of food or beverages and an acknowledgment that they shall abide by all applicable New York State Department of Health regulations.
(7)
A plan for the use of live music, loudspeakers, horns, or other sounds which will be used, if any, and the type and location of speakers and other audio equipment.
(8)
The name and address of the security company, if any, which will work on the premises, and a description of the duties to be performed, subject to the approval of the Chief of Police.
(9)
A description of the communications plan to be utilized by the event organizer to facilitate command and control of all routine and emergency activities related to the event, subject to approval by the Chief of Police and Fire Marshal.
(10)
A description of tents or other temporary structures, camping or housing facilities to be available, if any, and a plan showing the intended number and location of them, compliance with the applicable requirements of the New York State Uniform Fire Prevention and Building Codes.
(11)
A detailed description of the proposed means for furnishing water for drinking and other purposes as well as all proposed means of food services and the furnishing of medical services and supplies, including the names and addresses of any and all contractors to furnish such services and all pertinent information as to the location of pharmaceutical and emergency medical services.
(12)
A detailed description of the proposed methods for handling and disposing of all trash, rubbish and garbage.
(13)
A detailed description of the proposed means of disposal of all sewage, including the location and description of the facilities proposed, including lavatory facilities.
(14)
A statement as to whether the applicant requests a permit for the proposed use of fireworks or pyrotechnics to be used during the event, which shall be in the sole discretion of the Town Board. Such statement shall include a description of the type(s) of fireworks or pyrotechnics to be used, the anticipated time and the location on the property in which they will be used, along with an acknowledgment signed by the applicant affirming that no such fireworks or pyrotechnics will be used unless the applicant obtains a separate fireworks permit from the Town Board, if one has not already been issued.
(15)
If the applicant so desires, a request for expedited review of the application, which shall be completed and decided within two weeks of filing with the application with the Code Enforcement Officer, unless otherwise impracticable. Such a request shall be accompanied by additional processing fee to be determined by the Town Board, along with an acknowledgement signed by the applicant affirming that the applicant understands and agrees that although the Code Enforcement Officer will make all reasonable efforts to review and decide the application within two weeks of filing, the Town makes neither warrants, promises, or guarantees that a review and decision on the pending application will be completed within that time frame.
C.
Other requirements.
(1)
The Town shall have the right to require any applicant at its own cost and expense to provide such personnel and/or equipment as the Town may reasonably deem to be appropriate and necessary to ensure the safety and security of the public and/or public property before, during and after a special event, including but not limited to security personnel, communications equipment, medical and emergency response plans, services and vehicles, generators, lighting, sanitation facilities including toilets, garbage and trash collection and disposal facilities and services, parking and traffic control, and others, all of which shall be and remain subject to the oversight, supervision and control of Town officials, officers and staff with supervisory responsibility for such event and for Town property. The Town may impose and/or mandate compliance with such standards and requirements as may be reasonably related to the purposes of this chapter.
(2)
The Town may require an applicant to provide a letter of credit, bond or other suitable security instrument to ensure compliance with conditions in the special event permit and to ensure adequate cleanup of the property after a special event. No permit shall be issued unless and until such security has been provided to the Code Enforcement Officer. If an applicant fails to comply with the conditions of such permit or does not clear the property of debris within five days of mailing of written notice by return-receipt-requested mail or within three days of personal service of written notice on the applicant, the Town may use such portion of the security as is required to remedy the situation.
(3)
The Town shall have the right to require any applicant at its own cost and expense to provide notice to neighbors before the special event occurs, in a form and manner prescribed by the Town.
(4)
Special event permit available on premises. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request of such officer.
D.
Fee. All applications for a special event permit shall be accompanied by a fee in an amount established by simple resolution of the Town Board, in order to defray the costs of administering this chapter. In addition, the applicant shall reimburse the Town for any reasonable sums expended for necessary or appropriate engineering and other professional assistance solicited and obtained by the Town in order to act upon such application.
E.
Reuse or reissuance of previously issued permit. In the discretion of the Code Enforcement Office, with the consent of the Fire Marshal and the Chief of Police, the application process may be waived and a previously issued permit may be reused or reissued for a subsequent special event if the Code Enforcement Officer is satisfied that the event organizer has demonstrated the subsequent event is identical or substantially similar to the special event held pursuant to the previously issued permit.
A.
The following conditions shall apply to a special event permit:
(1)
Except as provided, below, a special event permit shall be valid for a period of not more than 12 consecutive months.
(2)
No vendor shall sell or serve alcoholic beverages or conduct games of skill or chance during the operation of a special event unless and before the applicant or the vendor obtains a proper and legal license to dispense alcoholic beverages and/or conduct games of skill or chance from the State of New York or any other applicable regulatory agency. The applicant or vendor receiving such licenses to dispense alcoholic beverages and/or conduct games of skill or chance shall be conclusively presumed to be cognizant of the provisions of the Alcoholic Beverage Law of New York, the state rules and regulations in regard thereto and all applicable federal, state and municipal laws, ordinances, codes, rules and regulations regarding the operation of games of skill and chance, all of which are incorporated herein by reference as if fully set forth.
(3)
The Town, the County of Wayne and any agent of the state or other municipal government shall be authorized to enter and inspect the premises proposed to be used.
(4)
To protect the Town and its officers and employees from any and all liability, Code Enforcement Officer may require the applicant to cause the Town and its officers and employees to be named as additional insureds on insurance policies and/or surety bonds to be furnished by the applicant, the limits and amounts of which shall be determined at the time of permit issuance.
(5)
The applicant shall agree, in writing, to indemnify, save and hold the Town harmless against loss, liability or expense resulting from any and all claims, actions, causes of action or judgments recovered against the applicant or the Town in any court of competent jurisdiction in excess of the amount of insurance required by the Town or, if no insurance is required, for all claims not otherwise covered or in excess of the coverage provided to the Town under its own public liability insurance coverage.
B.
The Code Enforcement Officer, Chief of Police, and Fire Marshal shall attach such conditions as deemed necessary to protect the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event.
A.
Privilege. The granting of a special event permit is a privilege and not a right and may be denied, revoked, suspended or modified in the event that the applicant fails to comply with any applicable provision of this chapter or for any other reason not prohibited by law.
B.
The Code Enforcement Officer may deny a special event permit or revoke, suspend or modify a special event permit for any of the factors below:
(1)
It is determined that there are inadequate Town resources available to protect the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event.
(2)
The special event will disturb the public peace and good order of the Town or adversely affect the use and enjoyment of adjoining properties or that the conduct of such event will not be consistent with or will jeopardize the health, safety, property or general welfare of neighboring residents and/or the Town at large.
(3)
The special event has been subject to a violation or has had any adverse impacts on the surrounding property in the Town within the last three years and a mitigation plan has not been approved.
(4)
The special event does not provide for sufficient services or facilities (including but not limited to parking and first aid or emergency medical services) that are reasonably necessary to ensure that such event will be conducted with due regard for the health, safety, property and general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event.
(5)
The special event may create a high probability of disorderly conduct likely to endanger public safety or to result in significant property damage.
(6)
There are materially false statements or omitted relevant information in the application.
(7)
The applicant has failed to conduct a previously permitted special event in accordance with the law or the terms of a permit, or both.
(8)
The applicant has not obtained the approval of any other Town or public agency within whose jurisdiction the event or portion thereof will occur.
(9)
Exterior lighting at the special event uses or will use search lights, strobe lights, laser lights or revolving lights.
C.
Closing of special events due to public safety hazard. The issuance of a special event permit notwithstanding, the Chief of Police, the Code Enforcement Officer or the Fire Marshal may close any special event or any portion of a special event that is subsequently determined to be an imminent hazard to the health, safety, property or general welfare of the citizens of the Town or the safety of participants and/or attendees of a special event.
D.
In addition to the penalties for offenses set forth in this chapter, the applicant's special event permit may be revoked, suspended or modified by the Code Enforcement Officer at any time during the life of such permit for any violation by the applicant of any provision of this chapter or any violation of the Town Code or any other applicable county, state or federal law.
E.
If a special event permit is revoked, no refund of any part of the application fee shall be made and, in addition, additional fees may be levied by the Code Enforcement Officer to reimburse the Town for unanticipated costs borne by the Town as a result of the conditions leading to the revocation.
If an application for a special event permit is denied, revoked, suspended or modified, the applicant shall be entitled to a hearing before the Town Board within 30 business days of the applicant's receipt of such denial, revocation, suspension or modification and the applicant's service of notice of an appeal upon the Code Enforcement Officer. At such hearing, the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial, revocation, suspension or modification. Within 15 business days of such hearing, the Town Board shall issue a written decision which sustains or reverses the decision of the Code Enforcement Officer, or remands the matter to the Code Enforcement Officer for further consideration.
This chapter shall be enforced by the Code Enforcement Officer, Chief of Police, and the Fire Marshal, or their respective designees, unless stated otherwise herein.
A.
It shall be a violation of this chapter to conduct or to allow to be conducted a special event without a special event permit issued pursuant to the provisions herein, or after such special event permit has been denied, revoked or suspended.
B.
It shall be a violation of this chapter to conduct or allow to be conducted a special event contrary to the terms and conditions set forth in the special event permit issued for such special event.
A.
A first offense under § 247-9 of this chapter is a violation, which, upon conviction thereof, shall be punishable by a fine of not less than $100 nor more than $250 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment, in addition to any fines that may be imposed hereunder.
B.
A second offense under § 247-9 of this chapter is a misdemeanor which, upon conviction thereof, shall be punishable by a fine not to exceed $1,000 or by imprisonment for a period not to exceed 30 days, or by both such fine and imprisonment, in addition to any civil fines that may be imposed hereunder.
C.
A third and any subsequent offense under § 247-9 of this chapter is a misdemeanor which, upon conviction thereof, shall be punishable by a fine not to exceed $3,000 or by imprisonment for a period not to exceed one year, or by both such fine and imprisonment, in addition to any civil fines that may be imposed hereunder.
D.
For each and every day that a violation of § 247-9 continues, such violation shall constitute a separate offense and the penalties prescribed herein shall be applicable to each such separate offense
E.
If the sentence is to be imposed on a corporation, the Court shall have the discretion, pursuant to Penal Law § 80.10, Subdivision 2(b), to impose a fine in lieu of the amounts specified above, not exceeding double the amount of the corporation's gain from the commission of the offense.
No special event permit issued under the provisions of this chapter may be transferred or assigned from one applicant, person or location to another applicant, person or location.
The granting of permission by the Town and/or the use of Town-owned property or facilities by any person shall in no way be considered an endorsement or any expression of support, of disagreement or of any position or opinion of the Town whatsoever with respect to the activities, policies, opinions, positions, precepts or other aspects of the person organizing, sponsoring, holding or participating in a special event, and no person associated in any way with such event is authorized to or shall make any public statements or representations concerning the Town concerning same.
When the requirements or restrictions imposed by this chapter conflict with the requirements or restrictions imposed by other laws, ordinances, codes, rules or regulations, the greater requirement or restriction, respectively, shall prevail.
If any clause, sentence, paragraph, section, article or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall go into effect immediately upon filing with the New York State Secretary of State.