[HISTORY: Adopted by the Town of Ellington
as indicated in article histories. Amendments noted where applicable.]
[Adopted effective 2-24-1981]
The provisions of this article shall apply to
any outside area used for the purpose of public assembly when such
public assembly exceeds, or can reasonably be expected to exceed,
250 persons (including employees, volunteers, vendors, visitors, patrons,
sponsors, exhibitors, etc.). The regulation of said outside public
assemblages and the supervision of the same are hereby declared to
be necessary for the protection of the health, safety and welfare
of the residents of the Town of Ellington.
As used in this article, unless the context
otherwise indicates, the following terms shall have the meaning indicated:
Any public gathering of more than 250 persons assembled at
one time for one particular event. The term "special event" shall
not be interpreted to include the normal day-to-day operation of an
existing commercial enterprise.
This article shall not apply to:
A.
No special event shall be held without a valid license.
B.
Tickets to a special event shall not be sold without
a valid license.
C.
Application for such license shall be made to the
First Selectman not later than 60 days before the starting date of
the special event upon forms approved by the Board of Selectmen.
D.
Public notice of each application disclosing the pertinent
facts concerning the special event shall be made by the First Selectman
within seven days after the application is received (cost of this
notice shall be borne by the applicant).
E.
The Board of Selectmen shall not grant or deny the
license until at least 10 days after such public notice but not more
than 14 days after public notice.
A.
General standards to be applied. The general standards
herein set out relative to the qualification of every applicant for
a special event license shall be considered and qualified by the First
Selectman.
(1)
Citizenship. The applicant shall be a citizen of the
United States or a declarant thereof as authorized by law.
(2)
Age. The applicant shall be of majority.
(3)
Good moral character. The applicant shall be of good
moral character. In making such determination the First Selectman
shall consider:
(a)
Felony history. All felony convictions, the reasons
therefor, and the demeanor of the applicant subsequent to his release.
(b)
License history. The license history of the applicant;
whether such person, in previously operating in this or another state
under a license, has had such license revoked or suspended, the reasons
therefor, and the demeanor of the applicant subsequent to such action.
(c)
General personal history. Such other factors relevant
to the general personal history of the applicant as he shall find
necessary to a fair determination of the eligibility of the applicant.
In making such determination, the First Selectman shall require three
character references of persons unrelated to the applicant.
(4)
Type of business. The applicant's type of business
or activity must be bona fide and lawful.
(5)
Type and character of event. The type and character
of the proposed special event.
(6)
No obligations to Town of Ellington. The applicant
shall not be in default under the provisions of this article or indebted
or obligated in any manner to the Town of Ellington except for current
taxes not yet due.
B.
Further information: The applicant shall also further
specify:
(1)
Name(s) of applicant. If a partnership, names of all
partners; if a corporation, club or association, names of officers.
(2)
Date organized and under laws of what state, if a
corporation, club or association.
(3)
Legal residency, to assure avenues of communication.
(4)
Location of proposed special event.
(5)
Dates and hours of special event. No license shall
be valid for more than three consecutive calendar days.
(6)
Anticipated maximum number of persons who will be
assembled at one time for the proposed special event. No persons in
excess of this maximum shall be permitted within the confines of the
location of said special event. In order to assure compliance with
this requirement, the applicant shall provide the First Selectman
with a daily accounting of ticket sales.
C.
Plot plan or sketch of facilities and write-up as
may be required by the special event demonstrating adequate plans
to meet local, state and other applicable standards for:
(1)
Vehicle parking spaces at a ratio of one for every
two persons expected to attend.
(2)
Vehicle ingress and egress and on-site traffic control.
(3)
Food supplies and facilities.
(4)
Drinking water.
(5)
Sanitation facilities.
(6)
Lodging.
(7)
Medical facilities and services.
(8)
Fire zones.
(9)
Refuse disposal, including cleanup of premises and
removal of rubbish after conclusion of the event.
(10)
Law enforcement.
(11)
Fire prevention and protection.
(12)
Lighting.
D.
The facilities for the proposed special event shall
be subject to review by the following officers of the Town of Ellington
not later than 48 hours of the time the licensed event is scheduled
to begin and shall remain subject to subsequent inspections by said
Town officials as they deem necessary:
B.
Form. The form of the application shall be a written
application appended with a statement signed and sworn to by the applicant(s),
either the individual(s), all partners, or all corporate officers,
before a notary public of Connecticut, under penalty of false statement,
that he will be responsible for the holding, operation and conduct
of the proposed special event in accordance with the terms of the
license and the provisions of this article and that the statements
contained in the application are, to the best of his knowledge and
belief, true.
C.
Payment of fees. The application shall be accompanied
by the full amount of fees chargeable for such license. Such fees
shall include an issuance fee of $100 for each special event applied
for.
The Board of Selectmen, in granting or refusing
the license, shall consider each of the sections of this article as
well as any other information which the Selectmen may require for
the protection of the public communicated to the Selectmen during
the 10 to 14 days following the public notice concerning the application.
In any case of the denial or refusal of the Board of Selectmen to
grant or renew a license, the First Selectmen shall notify the applicant
in writing by certified mail of the proposed action and set a day
and place for a hearing thereon, giving the applicant reasonable notice
in advance thereof and an opportunity to be represented by counsel
at such hearing.
A.
A license may not be transferred by the licensee to
any other person, corporation, partnership, club or association.
B.
Each licensee shall pay for police protection as required
by the Board of Selectmen. The funds for said police protection, including
a contingency fund, shall be deposited in an Ellington special fund
two weeks prior to the special event. Any unused funds shall be returned
to the licensee upon certification by the Board of Selectmen that
all conditions of said police protection have been met.
C.
Each licensee shall be required to post an indemnity
bond and/or performance bond in favor of the Town of Ellington conditioned
upon saving harmless the Town of Ellington from any and all liabilities
or causes of action which might arise by virtue of the granting of
a license to the licensee and conditioned further that no damage will
be done to the streets, sewers, trees or adjoining property, that
no dirt, paper, litter or other debris will be permitted to remain
upon the streets or upon any private property by such licensee, and
that all other conditions of the license shall be met. Such cash bond(s)
shall be returned to the licensee upon certification by the Board
of Selectmen that all conditions of this article have been met.
D.
Each licensee shall obtain public liability insurance
with a minimum combined single limit of $1,000,000 applicable to bodily
injury and property damage, naming the Town of Ellington as an additional
named insured.
The First Selectmen shall have the power to
revoke any license issued hereunder for cause, after due notice. Cause
shall be deemed to include, but shall not be limited to, false information
in the application for a license knowingly given, failure to comply
with the conditions under which the license has been granted, any
violation of this article or conviction of a crime involving moral
turpitude subsequent to the application for the license.
Any person who shall violate any of the provisions
of this article or fail to comply with any order made thereunder shall
be guilty of a misdemeanor punishable by a fine of $100. The imposition
of any penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct
or remedy such violations immediately, and, when not otherwise specified,
each day that a prohibited condition is maintained shall constitute
a separate offense. The Town of Ellington shall be entitled to apply
for an injunction to prohibit the holding of special events where
the sponsor or promoter has failed to comply with the provisions of
this article.
[Adopted effective 2-24-1981; amended in its entirety by Town Meeting 12-9-2019]
The provisions of this article shall apply to
all outdoor events within the entire Town when open to the public,
such as, but not limited to, carnivals, fairs, auctions, open-air
markets, musical presentations, trade shows, exhibitions, expositions,
vehicular performances (not static displays) and similar events when
such public assembly exceeds, or can be reasonably expected by the
Department of Town Fire Marshal to exceed 50 persons (including employees,
volunteers, vendors, visitors, patrons, sponsors, exhibitors, etc.).
A.
In addition to any requirements of Chapter 74, Article III, Fire Safety Permits, of this Code, the Fire Marshal:
(2)
May
require such fire-extinguishing equipment, personnel and apparatus
as he may deem necessary to be held at a specific location or locations
and in a state of immediate readiness to provide reasonable and adequate
safety from fire and other emergencies.
(3)
May
require direct communication with a designated emergency dispatch
center from a safe area within the assembly area.
(4)
May
make provisions and set conditions and/or requirements for such features
as seating, capacity, occupant loading, aisles, lighting, storage
of combustibles, storage of flammable and combustible liquids, rubbish
handling, vending equipment, cooking equipment, electrical connections
and equipment, including portable, vehicle-mounted and stationary
generators, all displays and exhibits, stage and bandstand construction,
operating procedures and methods which may be excluded or otherwise
prohibited or, if approved or otherwise permitted, shall be installed,
operated and/or maintained in accordance with manufacturers’
specifications and/or recommendations, all as he deems necessary and
appropriate for public safety.
B.
"Fire Marshal" as used in this article shall mean
the Town Fire Marshal, any Deputy Fire Marshal or Inspector.
Any violations of the foregoing, or the existence
of any other hazardous condition, as determined by the Fire Marshal,
which may jeopardize the safety of the public shall be just cause
for the Fire Marshal to prohibit the opening or continuation of the
public assembly function in whole or in part or to order the discontinuance
and/or suspension of the public assembly function in whole or in part
until such time as the Fire Marshal ascertains that required safety
features have been provided or reestablished.
A.
The Fire
Marshal is hereby authorized, in addition to any other remedies that
may be provided for by law, to issue citations for violations of the
provisions of this article. The fine for each violation will be as
set forth in the policy adopted by the Board of Selectman, as amended
from time to time. Each separate day that a violation exists after
the issuance of a citation shall be subject to a separate additional
fine without the issuance of a separate citation.
