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.
[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.
[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.