[HISTORY: Adopted by the Town Board of the Town of West Seneca 9-28-1942. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 52.
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of West Seneca by the regulation and licensing of circuses, carnivals, road shows, sideshows and the like.
The terms "circus, carnival, road show, sideshow" shall mean any and all shows and any type of entertainment given, performed or used or operated under a cover of canvas or within any structure or enclosure intended for temporary use and capable of easy transfer and removal, including every type of show or entertainment coming within the ordinary usage of the words "carnival, circus, road show or sideshow."
Entertainments and shows hereinbefore referred to shall be given in the Town of West Seneca only after the issuance by the Town Clerk of the Town of West Seneca of a license therefor upon the payment of a license fee in the amount of one hundred dollars ($100.) per day or any fraction thereof. Such fee shall accompany the application for the license as hereinafter provided. No license shall be transferable nor issued for a period longer than one (1) week; no license shall, however, be issued so as to expire after the first of January next succeeding the date of issuance.
A. 
Every license issued under the provisions of this chapter shall at all times for the term for which it is used be posted in a conspicuous place at or near the principal entrance of the premises described in such license so that the same may be easily seen or read by any person passing in or out of such premises.
B. 
Every license granted under the provisions of this chapter and all privileges pertaining thereto shall at all times be subject to the ordinances of the Town of West Seneca and laws of the State of New York in effect when such license shall be issued or which shall be thereafter adopted so far as the same shall be applicable thereto.
[Amended 10-16-1972]
All licenses shall contain a provision that no contests of chance, gambling, gambling device or lottery (all as defined in Section 225 of the Penal Law of the State of New York) shall be allowed by the licensee. The licensee, by receipt and acceptance of the license, will be deemed to have certified to the Town of West Seneca compliance with the provisions of the license.
A. 
Each applicant shall present to the Town Clerk a written application which shall be sworn to under oath, specifying the following:
(1) 
The name and address of the applicant.
(2) 
The name of the owner of the premises.
(3) 
Place where the entertainment is to be held.
(4) 
The hours during which the entertainment shall be given.
(5) 
The length of time for which the license is requested.
(6) 
Whether or not the applicant has been convicted of a crime.
B. 
Said application, in addition to being sworn to by the applicant, shall be signed by the owner of the property upon which the entertainment shall be held.
C. 
The Town Clerk shall present such application, when properly signed and sworn to, to the Town Board at its next meeting for the purpose of having the Town Board approve or disapprove the location of the proposed entertainment. The Town Board shall act upon said license and either approve or disapprove the location. Upon approval, said license may be issued by the Town Clerk. A license may be refused by the Town Clerk if applicant shall have been convicted of a misdemeanor or felony which in the judgment of the Town Clerk renders the applicant unfit or undesirable to carry on the business involved, and the Town Clerk may also refuse a license to any person who in his judgment shall be an undesirable or incapable of properly conducting the business described. Any applicant who has been refused a license by the Town Clerk may apply to the Town Board, and the same may be granted or refused by the Town Board.
D. 
The Town Board, after a public hearing thereon at which the licensee shall have an opportunity to be heard, may revoke any license issued under authority of this chapter to any applicant whom the Town Board shall determine to be an undesirable person or incapable of properly conducting the business previously licensed.
[Amended 10-20-1986]
The Town Board shall set the days and hours of operation of a carnival, circus, road show or sideshow in accordance with issuance of a license for such operation, and such amusement shall be operated at all times in such a manner as not to disturb the occupants of the premises in the vicinity thereof.
Each licensee shall clean up the grounds at the termination of his license and shall leave said grounds in the same condition as they were prior to the time of the use by the licensee. In order to ensure compliance with this section, the licensee shall deposit the sum of one hundred dollars ($100.) in cash in addition to the license fee with the Town Clerk at the time of the making of his application, and shall receive the Town Clerk's receipt thereof, which sum shall be returned to the licensee after an inspection of the premises by the Building Inspector at the termination of the license, provided that said premises are restored to the condition they were in prior to the licensing thereof. In the event that the licensee fails to restore the premises to the condition they were in prior to the time of the making of the application, the Town Board of the Town of West Seneca shall hire a sufficient number of persons to clean up the premises and shall deduct the expense thereof from the deposit of one hundred dollars ($100.) and return the balance, if any, to the licensee.
[Amended 5-6-1974]
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15) days for each such offense, or by both such fine and imprisonment.