It shall not be lawful to conduct, maintain
or operate for the public within the town, without first having had
and obtained for that purpose a license therefor, to be issued by
and in the name of the town, any show or performance or other place
of business wherein amusement is provided and to which an entrance
fee or other fees are charged, including circuses; carnivals; traveling
shows; amusement places operating exhibitions and roller coasters,
scenic railways, merry-go-rounds, Ferris wheels or other similar rides;
concerts; plays; motion picture shows; theaters; open-air bathing
pools and skating rinks. It shall not be lawful to conduct or carry
on street parades within the town without first having had and obtained
for that purpose a license therefor, to be issued by and in the name
of the town.
Application for licenses as provided for in §
117-45 shall be made in writing by the person or persons, firm or firms, corporation or corporations conducting such shows, performances, places of business or street parades. Applications shall set forth the nature of the show, performance, place of business or street parade, location of the place or places in which it is to be maintained and conducted, name or names of the owners thereof and the name of the manager or operator in charge thereof. The fees, as hereinafter provided for, shall be accompanied by such applications. Any such application shall be filed with the Town Clerk at least 10 days prior to the next regular meeting of the Board of Commissioners, and upon such filing shall be immediately reported to the Board of Commissioners for action thereof at its next regular meeting or at any regular or special meeting thereafter. If the application is granted by the Board of Commissioners, the Town Clerk shall issue a license in writing in the name of the town. All licenses, unless otherwise provided for, shall be for the balance of the calendar year, all licenses terminating as of December 31 of each year unless sooner canceled and revoked for cause. The Town Clerk shall keep a proper record of any license issued by him, under the direction of the Board of Commissioners, containing the name of the party to whom it was issued, the date of issue and the purpose for which the same was issued. Each license, when received, shall set forth the name of the person to whom it was issued, the place where it was issued, the amusement designated and the length of time that said license is to run. Each license shall be good only for the place or places designated therein, for the amusement or street parade designated and the party or parties as set forth in said license. No license shall be transferred except by consent of the Board of Commissioners. The fees for such licenses shall be as follows:
A. Circuses; carnivals; traveling shows or amusement
places operating exhibitions and roller coasters, scenic railways,
merry-go-rounds, Ferris wheels or other similar rides: $50 for each
day such circus, carnival or place of amusement shall be operated.
B. Concerts, plays or motion picture shows: $5 for each
day such performance may be given.
C. Theaters, open-air bathing pools, or skating rinks:
$500 per annum.
Where the event or amusement is transient and
not permanent in nature, the person or persons conducting said event
or amusement shall be responsible for the cost of cleaning the area
where the event was conducted after said event has terminated and
also the cost of providing law enforcement security for said event.
The latter responsibility shall not create an affirmative obligation
on the part of the town to provide said law enforcement security.
The person or persons conducting said event or amusement shall deposit
with the Town Clerk the sum of $250 as security for the payment of
said costs.
All licenses shall be issued subject to all
existing ordinances of the town and to such other ordinances, rules
or regulations which may hereafter be passed or adopted by the Board
of Commissioners. Any license issued may be revoked for cause upon
written notice and after hearing the party to whom such license was
issued.
In the event that any religious, charitable or other nonprofit organization shall make application for a license for any purpose specified in §
117-45 which is to be conducted for a religious, charitable or community purpose, a license may be granted by the Board of Commissioners for such purpose without requiring payment of the prescribed license fee. Such religious, charitable or other nonprofit organizations shall be required, however, to comply with the terms of this article in all other respects.