No person, firm or corporation shall give any exhibition or performance
for hire, present or conduct any carnival, circus, carrousel, bazaar or any
open-air show or place of amusement of any kind, without first having obtained
a license therefor from the Common Council of the City of Hudson permitting
such performance, exhibition or place of amusement on a specified location,
for which a license fee as established by the Common Council shall be paid.
Licensees shall also pay to the City the cost of any special services rendered
by the City, such as opening hydrants, police and fire protection, etc.
For the purposes of this article, the following terms shall have the
meanings indicated:
Any exhibition, performance for hire, carnival, carrousel, bazaar,
open-air show or place of amusement.
Any event of two weeks' duration or less.
An event of more than two weeks' duration and of a permanent nature.
The provisions of this article shall apply to fund-raising events sponsored,
operated and controlled by religious, fraternal, firemanic or civic organizations,
but such organizations shall not be required to pay a license fee or surety
deposit.
No alcoholic beverages shall be sold at any exhibition, performance
for hire, carnival, circus, carrousel, bazaar, open-air show or place of amusement
in the City of Hudson.
No games of chance or skill shall be operated in any place of amusement
in the City of Hudson.
A.
No exhibition, performance for hire, carnival, carrousel,
bazaar, open-air show or place of amusement shall be open to any child under
the age of 18 between 9:00 p.m. on any day and 9:00 a.m. on the succeeding
day, unless such child is accompanied by his parents or a person over 21 years
of age.
B.
No exhibition, performance for hire, carnival, circus,
carrousel, bazaar, open-air show or place of amusement shall be open any day
between the hours of 12:01 a.m. and 9:00 a.m.
Applicants for licenses shall be required to post a cash deposit with
the City in the amount of $500 before any license required by the provisions
of this article will be issued. The cash deposit will be applied against any
damage to streets or public property and any cleanup expenses incurred by
the City as a result of the activity or event licensed. The cash deposit will
be returned to the licensee if the City finds that no damage has been committed
or cleanup is required. The unused portion of any cash deposit partially applied
against damage caused by, or cleanup required by, the activity or event licensed
hereunder shall also be returned to the licensee.
It shall be unlawful for the owner, proprietor, manager or person in
charge of any place licensed under the provisions of this article, or for
any employee of said place, to harbor, admit, receive or permit to be or remain
in and about any such place any lewd or dissolute person, any drunken or boisterous
person, any person under the influence of intoxicating liquor or any person
whose conduct tends in any way to corrupt the public morals.
It shall be unlawful for any person to conduct himself in a boisterous
manner or to use any profane, obscene or indecent language in or about any
place licensed under the provisions of his article.
It shall be unlawful to give or permit the giving of any entertainment
or exhibition of a lewd, suggestive, vulgar or immoral type or to use therein
any indecent or obscene language or to behave in any manner tending to corrupt
the public morals.
A.
The Common Council, upon presentation of such application
as provided herein, and before acting on same, shall refer such application
to the Legal Advisor for a full investigation as to the truth of the statements
contained therein and as to any or all other matters which might tend to aid
the Common Council in determining whether or not a license should be granted.
B.
The Common Council, upon receipt of a written report
by the Legal Advisor, shall decide whether a license should be issued, considering
among other things the nature of the event, the nature of entertainment and
exhibitions to be produced, the location of the event and the effect upon
the peace, welfare and good order of the City of Hudson.
C.
In reviewing the application for a license herein, the
Common Council shall, upon the granting of a license, either approve or disapprove
each particular exhibition, entertainment, show, performance and/or amusement
device as stated in the application as provided herein. The Common Council
shall also approve or disapprove all lighting systems and devices emitting
or amplifying sound as stated in the application as provided herein.
D.
The Common Council may further limit a license granted
hereunder by imposing conditions on said license, which conditions must be
adhered to under the penalty of a cancellation of said license as a violation
of this article as hereinafter provided.
A.
The Common Council reserves the power unto itself to
revoke any license issued under the provisions of this article at any time
where same was procured by fraud or false representation of facts or for the
violation of or failure to comply with the provisions of this article by persons
holding such license, or any of his servants, agents or employees, or the
conviction of the person holding such license of any crime or offense involving
moral turpitude, or conviction of any of his servants, agents or employees
of any crime or offense involving moral turpitude, committed on the premises
for which a license is issued.
B.
In the case of any exhibition, performance for hire,
carnival, circus, carrousel, bazaar or open-air show, such revocation may
be without notice; and upon the service of a notice of revocation either by
person, mail or posting on the premises for which a license is issued, said
event is to cease operations immediately.
C.
In the case of any place of amusement, the Common Council
shall, at least three days before revoking any license, cause to be mailed
to the holder of the license at the address at which the event is conducted,
a notice stating the time and place of hearing concerning the revocation,
at which the licensee shall be entitled to be heard and introduce the testimony
of witnesses. The action of the Council relative to such revocation shall
be final, provided that, regarding any person to whom a license has been granted
under the provisions of this article, there shall be prima facie evidence
of facts sufficient to warrant revocation of the license held by such person.
The applicant shall file with the Common Council before obtaining such
license a certificate of public liability insurance covering the applicant
and the City of Hudson for personal injuries to any one person in a minimum
sum of $50,000, and $100,000 or more than one person; and property damage
in the sum of $5,000, for any one person and $10,000 for more than one person,
which shall be approved as to form and sufficiency by the Legal Advisor; and
shall procure necessary permits that may be required by the Board of Health
of Columbia County.
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable as follows: by imprisonment for
a term not exceeding 15 days or by a fine not exceeding $250, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
