[HISTORY: Adopted by the Town Board of the Town of Chenango during codification. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peddling, vending and soliciting — See Ch. 52.
Public assemblies and mass gatherings — See Ch. 54.
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 Town Clerk of the Town of Chenango permitting such performance, exhibition or place of amusement on a specified location, for which a license fee of $10 shall be paid.
As used in this chapter, the following terms shall have the meanings indicated:
EVENT
Any exhibition, performance for hire, carnival, carrousel, bazaar, open-air show or place of amusement.
EXHIBITION, PERFORMANCE FOR HIRE, CARNIVAL, CIRCUS, CARROUSEL, BAZAAR and OPEN-AIR SHOW
Any event of two weeks' duration or less.
PLACE OF AMUSEMENT
An event of more than two weeks' duration and of a permanent nature.
The provisions of this chapter shall not apply to fund-raising events sponsored, operated and controlled by religious, fraternal, firemanic or civic organizations.
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 Town of Chenango.
No games of chance or skill shall be operated in any place of amusement in the Town of Chenango.
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 years after 9:00 p.m. of any day until 9:00 a.m. on the succeeding day unless 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. of the succeeding day.
A. 
Any person desiring to procure a license under this chapter shall make application therefor to the Town Clerk upon a form to be furnished by the Town Clerk, which shall be substantially as follows:
Town of Chenango
Application for Exhibition, Performance for Hire, Carnival, Circus, Carrousel, Bazaar, Open-Air Show or Place of Amusement
1.
Name of the applicant.
2.
State whether an individual, partnership or corporation.
3.
If a partnership, state the names of all persons having an interest in the business.
4.
If a corporation, state the names of its officers.
5.
If a corporation, give names of each stockholder, together with the number of shares of capital stock held by each.
6.
Proposed location of the event.
7.
Nature of the entertainment, exhibition, etc. to be produced.
8.
A detailed account of each exhibition, entertainment, performance and/or amusement device to be located on the proposed location of the event.
9.
State the number of lights to be used and the candlepower of each, all pieces of equipment for music, loudspeaker devices and other devices for the amplification of sound.
10.
State whether the applicant or anyone owning interest in the event has been convicted of violating any ordinance or law pertaining to public morality and decency.
STATE OF NEW YORK
COUNTY OF BROOME
SS:
, being duly sworn, deposes and says:
  I am,________________, above-named applicant, and make this affidavit for the purpose of obtaining from the Town of Chenango a license to conduct a __________________ as required by ordinance of the Town of Chenango, regulating conduct of persons therein, defining offenses and providing penalties for the violation thereof. I have personal knowledge of the matters stated in the foregoing application and the statements therein contained are true.
Sworn to before me this ___________ day of ___________ 20__.
Notary Public
B. 
Said application shall be signed and duly verified by the applicant before an officer authorized to administer oaths.
It shall be unlawful for the owner, proprietor, manager or person in charge of any place licensed under the provisions of this chapter, 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, or 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, to use any profane, obscene or indecent language in or about any place licensed under the provisions of this chapter.
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 Town Clerk, upon presentation of such application as provided herein and before acting on the same, shall refer such application to the Town Attorney 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 Town Clerk in determining whether or not such application should be granted.
B. 
The Town Clerk, upon receipt of a written report by the Town Attorney, shall decide whether a license should be issued, considering among other things the nature of the event, the nature of the entertainment and exhibitions to be produced, the location of the event, and the effect upon the peace, welfare and good order of the Town of Chenango.
C. 
In reviewing the application for a license herein, the Town Clerk 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 Town Clerk shall also approve or disapprove all lighting systems and devices emitting or amplifying sound as stated in the application as provided herein.
D. 
The Town Clerk 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 chapter as hereinafter provided.
A. 
The Town Clerk reserves the power to revoke any license issued under the provisions of this chapter 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 chapter 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 operation immediately.
C. 
In the case of any place of amusement, the Town Clerk 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 the hearing concerning the revocation, at which the licensee shall be entitled to be heard and introduce the testimony of witnesses. The action of the Clerk relative to such revocation shall be final, provided that whenever any person to whom a license has been granted under the provisions of this chapter violates any provision hereof, such violation shall be prima facie evidence of facts sufficient to warrant revocation of the license held by such person.
The applicant shall file with the Town Clerk before obtaining such license a certificate of public liability insurance covering the applicant and the Town of Chenango for personal injuries to any one person in a minimum sum of $50,000 and $100,000 for 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 Town Attorney, and by procuring the necessary permits that may be required by the Board of Health of Broome County.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed $250 for each offense or by imprisonment for a period of not exceeding 15 days, or by both such fine and imprisonment.