[Amended 4-19-1983 by Ord. No. 97-1983; 11-21-2006 by Ord. No. 249-2006]
A. It shall be unlawful for any person to operate or
permit to be operated a Common Show without a license issued by the
City Clerk.
B. As used in this section, the following terms shall
have the meanings indicated:
CITY
The City of New Rochelle.
COMMON SHOW
A carousel, Ferris wheel, gravity steeple chase, chute, scenic
cave, scenic railway, striking machine, switch back, merry-go-round,
puppet show, ball game or shooting gallery, or any combination thereof,
or any other show of like character.
OPERATOR
The operator of the Common Show.
OWNER
The owner of the property on which the Common Show is operated.
C. Application for the license required by Subsection
A above shall be made by both the Operator and the Owner, on a form provided by the City Clerk, and shall contain such information as may be deemed necessary for public health, welfare and safety, including but not limited to the names, addresses, and telephone numbers of such operator and owner; list and description of the proposed amusements in the Common Show; and a diagram of the proposed location of such amusements. The applicant shall request inspection and review of the application by:
(1) The Fire Commissioner as to State and City Fire Code
requirements.
(2) The Building Official as to State and City Building
and Zoning Code requirements.
(3) The Corporation Counsel as to public liability insurance
requirements naming the Owner and the City as additional insureds
with minimum coverage of $2,000,000 per claim.
D. The fee for the license required by this section shall be as set forth in Chapter
133, Fees.
E. Not more than one Common Show license shall be granted
for any given property in any given calendar year, and each such license
shall be effective for not more than two consecutive weeks.
F. Licenses issued hereunder for Common Shows may be
revoked by the City Clerk for noncompliance with the provisions of
State and/or City Fire, Building and Zoning Codes and/or other State
and City codes and ordinances, following a noticed hearing before
the City Clerk and a finding of such noncompliance and/or failure
by the City Clerk. The City Clerk may designate a hearing officer
for the hearing, in which event the hearing officer shall make report
and recommendation to the City Clerk within two business days of the
date of the revocation hearing. The revocation hearing shall be held
within three business days of mailing of notice thereof, by certified
mail, return receipt requested, to the Owner and Operator, specifying
the items of noncompliance and/or failure and a date, place and time
for the hearing. The license shall be automatically suspended commencing
on the date of mailing of the notice of revocation hearing until the
date of the City Clerk's determination following the revocation hearing,
which determination shall be issued within three business days of
the date of the revocation hearing.
An offense against the provisions of this article
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both.