The purpose of this article is to protect the
public health, safety and general welfare through the regulation of
indoor public entertainment or exhibitions presented in the Town.
As used in this article, the following terms
shall have the meanings indicated:
INDOOR PUBLIC ENTERTAINMENT
Any gathering at which music or entertainment is provided
by professional or amateur performers or by prerecorded means for
commercial purposes which is held within a building or permanently
enclosed structure. The term "indoor entertainment" shall
also include, but is not limited to, any motion picture, theatrical
performance, dance, ceremony, exhibition, show, concert, pageant,
rally, contest, any exhibition dancing, demonstrations of physical
skills or other public performances and exhibitions, including those
encouraging audience participation presented for public entertainment
to which members of the public are invited or admitted for a charge
or free of charge.
[Amended 9-25-2006 by Ch. No. 1585; 12-14-2009 by Ch. No.
1694]
No person shall hold or conduct any indoor entertainment for the public without first obtaining a license in accordance with §
158-2.
[Amended 9-25-2006 by Ch. No. 1585; 12-14-2009 by Ch. No.
1694]
In addition to the requisite information, the
application for permit shall set forth the following information and
such other information as may be reasonably required:
A. The days
and hours during which the proposed indoor entertainment is to be
conducted.
[Amended 3-12-2012 by Ch. No. 1766]
B. The type
of activity that will occur.
[Amended 3-12-2012 by Ch. No. 1766]
C. The approximate
number of spectators and participants reasonably expected to be present
or participate in the event.
D. The exact
location of the event, including the exact size and dimensions of
the entertainment area.
E. The location
and number of health and sanitation facilities.
[Amended 12-14-2009 by Ch. No. 1694]
Any person applying for an indoor entertainment
license shall show that all zoning requirements have been met for
the premises on which the entertainment is to be held for the property
to be used as associated parking facilities.
[Amended 9-25-2006 by Ch. No. 1585; 3-12-2012 by Ch. No.
1766]
A. The Chief of Police may restrict the number of persons
allowed in the entertainment area as the Chief deems necessary for
the protection of the public health, welfare and safety.
B. In granting a license under this article, the Licensing
Board may make such restrictions as it deems necessary for the protection
of public health, welfare and safety, for the prevention of nuisances,
excess noise and maintenance of public peace.
[Amended 3-12-2012 by Ch. No. 1766]
A. The Chief
of Police shall determine whether and to what extent additional police
protection reasonably will be required for the event or entertainment
area for purposes of traffic, crowd control and security. In making
this determination, the Chief of Police shall consider those factors
set out in the application for permit. If additional police protection
for the event is deemed necessary by the Chief of Police, he shall
so inform the applicant for the permit. The Chief of Police shall
provide the number of police officers determined to be necessary.
All police officers so assigned or provided shall be at the sole expense
of the applicant.
B. The applicant
shall report on a weekly basis to the Chief of Police the days, hours
and type of activity that will take place each week.
[Amended 9-25-2006 by Ch. No. 1585; 12-14-2009 by Ch. No.
1694]
All licenses granted pursuant to the provisions of this article are subject to approval of proper authorities as specified in §
158-3.
[Amended 9-25-2006 by Ch. No. 1585; 12-14-2009 by Ch. No.
1694]
The fee for a license for indoor entertainment shall be as specified in Chapter
121, Fee Schedule.
[Amended 5-10-2004 by Ch. No. 1490; 9-25-2006 by Ch. No. 1585; 12-14-2009 by Ch. No. 1694]
Indoor entertainment licenses shall expire in accordance with §
158-8.
If the entertainment being licensed is to be
held in a place of business that has a license to serve alcoholic
beverages, the licensee shall not permit the entertainment or exhibition
to continue beyond the authorized closing time.
Every application for a license under this article
shall comply with all laws of the state applicable to the aforementioned
performance, dance or ball, including all laws and ordinances of the
Town.
[Amended 12-14-2009 by Ch. No. 1694]
Any license granted under this Article may be
revoked by the Licensing Board, after public hearing for cause shown.
[Amended 12-14-2009 by Ch. No. 1694]
Any person who shall violate any provision of this article shall be guilty of an offense against the Town, punishable as provided in Chapter
1, Article
II, General Penalty. All members of the Police Department are authorized to enforce the provisions of this article.