[HISTORY: Adopted by the Town Board of the Town of New Lebanon 4-13-1981 by L.L. No. 1-1981. Amendments noted where applicable.]
This chapter shall be known as the "Theatrical, Musical, Concert, Circus and Exhibition Law of the Town of New Lebanon."
The Town Board of the Town of New Lebanon, being concerned for the health, safety and welfare of the residents of the Town of New Lebanon and for those persons passing through as transients, visitors, or who otherwise are within the jurisdiction of the Town of New Lebanon; and the Town Board recognizing the unique traffic conditions within the Town of New Lebanon, limiting primary travel through the Town of New Lebanon to a single east-west two-lane highway; and the Town Board being aware of the limitations of hospital services, fire, police and emergency medical services within the Town of New Lebanon; and the Town Board being cognizant of the impact of mass movements or concentration of persons for the purposes of theatrical, musical, concert, circus or exhibitions upon the Town of New Lebanon, its residents, and persons passing through as transients, or who otherwise were within the jurisdiction of the Town of New Lebanon; and the Town Board recognizing the impact of several mass gatherings within the Town of New Lebanon, which occurred in the summer of 1980, upon the Town of New Lebanon, its residents, and persons passing through as transients, or who otherwise were within the jurisdiction of the Town of New Lebanon; and the Town Board being concerned for the injuries to person and property which occurred within the jurisdiction of the Town of New Lebanon during said mass gatherings; and the Town Board being alarmed by the breach of public safety, health, and welfare which occurred during said mass gatherings; and the Town Board intending to promote the health, safety and welfare of persons and property within the Town of New Lebanon, determines that it is in the public interest to enact this chapter.
The provisions of this chapter must be construed according to the fair import of their terms to promote and effect the objectives of this chapter. Unless otherwise expressly stated or where different meanings are expressly specified in this chapter, all words, terms and phrases used in this chapter shall have common, everyday, ordinary meaning.
The following terms shall have the following meanings:
- Any person maintaining, conducting, promoting, operating, holding, advertising, or otherwise causing a licensed event within the Town of New Lebanon.
- The written permission from the licensing authority.
- LICENSED EVENT
- A theatrical, musical, concert, circus, or exhibition occurrence which is likely to attract one thousand or more persons in any twenty-four-hour period.
- LICENSING AUTHORITY
- The Town Board of the Town of New Lebanon.
- A human being, and, where appropriate, a public or private corporation, an unincorporated association, or partnership.
No person shall within the Town of New Lebanon cause a licensed event without first having obtained a license and having the same in force and effect as hereinafter provided. It shall be unlawful for any person to cause a licensed event without first having obtained a license; or having first obtained a license to cause a licensed event subsequent to a revocation or suspension of such license.
Application for a license for a licensed event shall be made by verified petition, in form approved by the licensing authority, filed with the Town Clerk of the Town of New Lebanon no less than ninety days prior to the date of such licensed event.
The application for a license shall set forth and include the following:
The names and addresses of the applicant, including the names and addresses of all principals.
The name and address of the owner(s) of the premises upon which the licensed event is to occur and nature and interest of the applicant therein.
A copy of the lease and all arrangements and agreements between the applicant and the owners of the premises; and a copy of all agreements and arrangements between the applicant and all performers at the licensed event. Notwithstanding any provision of law to the contrary, submissions to the licensing authority required by this subsection shall be deemed confidential, not subject to public disclosure and shall be considered by the licensing authority during executive and closed session.
A map showing the exact location of the premises to be used for the licensed event, the names of record owners of the adjoining properties, the streets or highways abutting said property, the size and location of any existing buildings, structures, or other facilities to be used for the licensed event, the location of any parking areas for vehicles and means of ingress and egress to such parking area(s).
The intended purpose of the licensed event, including a complete description of all activities during the licensed event, if alcoholic beverages are to be permitted at the licensed event, anticipated attendance at the licensed event, admission fees to be charged, and parking fees to be charged.
The date, time and duration of the licensed event.
A complete statement containing the plans and availability of the proposed police, including highway safety personnel and on-site security personnel, garbage, fire, water, sewage, toilet, lavatory and medical facilities; including a written statement and consent from such proposed personnel setting forth the type, number and manner of such service to be provided preceding, during and subsequent to the licensed event.
A detailed description of all insurance policies and bonds to be provided by the applicant for the protection of the general public, the attendees of such licensed event and the residents of the Town of New Lebanon.
The licensing authority shall, within thirty days preceding the issuance of a license, hold a public hearing, in the manner prescribed by Town Law for the State of New York for the enactment of a local ordinance, on the application.
The licensing authority shall, within ten days of the public hearing prescribed by § 101-8, make a determination granting or denying the application for a license. Notice of such determination shall be provided to the applicant in writing.
The licensing authority shall not grant a license if any of the provisions of this chapter shall not be complied with. The licensing authority shall not grant a license if the application submitted fails to properly and adequately safeguard the attendees of the licensed event, the surrounding record owners of property, residents and visitors of the Town of New Lebanon, or the Town of New Lebanon. The licensing authority may impose such reasonable and necessary requirements in the license as required to properly safeguard the Town of New Lebanon.
The Department of Health should be notified of any event regulated under this chapter.
The applicant shall submit with the application a fee as set from time to time by resolution of the Town Board. Upon issuance of a license, the applicant shall remit to the town payment for all reasonable expenses incurred by the town in the consideration of the application.
The licensing authority may revoke or suspend any license issued if, in the sole discretion of the licensing authority, the applicant has violated any of the provisions of the license, of this chapter, or has violated any provisions of state law affecting the licensed event.
The provisions above shall not be deemed exclusive and the Town of New Lebanon shall also have the right to seek injunctive relief from a court of competent jurisdiction.
Any person violating any provision of this chapter, or a license issued pursuant to this chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of $1,000 or to imprisonment not to exceed one year, or to both fine and imprisonment, for each and every violation, and shall also be subject to a civil penalty enforceable and collectible by the Town of New Lebanon in the amount of $1,000 for each and every violation.