Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Westerly 5-12-2003 by Ch. No. 1443. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 72.
Indoor and outdoor entertainment — See Ch. 115.
Licensing — See Ch. 158.
The purpose of this chapter is to protect the public health, safety and general welfare through the regulation of special one-time events presented in the Town.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
[Amended 5-19-2014 by Ch. No. 1820]
SPECIAL ONE-TIME EVENT
Any indoor or outdoor gathering to which members of the public are invited or admitted for a charge or free of charge and for which neither an indoor nor an outdoor public entertainment license has been issued pursuant to Chapter 115, Entertainment. The term "special one-time event" shall also include but is not limited to any live or prerecorded music, theatrical performance, movie, dance, ball, concert, carnival, circus, professional sporting event, show, exhibition, parade or fund-raiser.
STREET VENDOR
Any person selling or offering for sale any goods, wares or merchandise, including any food or beverage, from a vehicle, cart or any other conveyance at a location approved by the Chief of Police or his designee during a special one-time event.
B. 
This chapter shall not apply to those persons or organizations conducting fund-raisers at private clubs or at establishments to which a valid indoor/outdoor public entertainment license has been issued pursuant to Chapter 115 of the Westerly Code.
[Added 2-8-2010 by Ch. No. 1704]
[Amended 2-8-2010 by Ch. No. 1704]
A. 
No person or organization shall conduct or operate a special one-time event without first obtaining a special one-time event license in accordance with § 158-2.
B. 
The licensing authority may place any conditions or restrictions it deems proper and reasonable on the issuance of a special one-time event license. This may include the limitation of the hours of operation or the conduct of the licensed activity.
[Amended 9-13-2004 by Ch. No. 1506; 2-8-2010 by Ch. No. 1704]
A. 
Any person or organization applying for such a license shall file an application on a form provided by the Town Clerk and approved by the licensing authority.
B. 
The application shall set forth the following information and such other information as may be reasonably required:
(1) 
The true name, date of birth, residence, mailing address and telephone number of the person making the application (where the person making the application is a partnership, corporation or other association, this information shall be required for all partners, officers, directors or members) and any alias or fictitious name under which the activity may be conducted.
[Amended 5-16-2011 by Ch. No. 1746]
(2) 
The date or dates and hours during which the proposed event is to be conducted.
(3) 
The nature and types of activities that will occur.
(4) 
The approximate number of spectators and participants reasonably expected to be present and participate in the event.
(5) 
The exact location of the event and the exact size and dimensions of area to be used.
(6) 
The location and number of health and sanitation facilities.[1]
[1]
Editor's Note: Former Subsection C, regarding events that include the sale of goods or services at retail, as amended, which immediately followed, was repealed 5-19-2014 by Ch. No. 1820. This ordinance also redesignated former Subsections D and E as Subsections C and D, respectively.
C. 
For those events being conducted on public roads or on Town property, with the exception of those events sponsored in whole by the Town of Westerly, proof of insurance naming the Town of Westerly as additional insured shall accompany the application.
[Amended 5-16-2011 by Ch. No. 1746]
D. 
The applicant or a representative may be required, at the discretion of the licensing authority, to be present at the hearing at which the application will be considered.
[Added 5-19-2014 by Ch. No. 1820[1]]
A. 
For those events that include the sale of goods or services at retail, the licensee shall provide the Town Clerk with a list of the general type and nature of the goods and services. The licensee shall also provide a list of all street vendors permitted to operate during the event, which shall include business name, owner name, date of birth, address and items to be sold. Each street vendor may operate only within the described special event area and only at the permission of the sponsoring applicant. Said vendor will not need any other special license. Those vendors selling prepared food are required to submit a certificate of inspection by the Department of Health.
B. 
Those street vendors who have been permitted to sell their wares at a special one-time event may operate only during the hours of operation of the event.
C. 
Persons or organizations sponsoring an event must contact the Chief of Police or his designee at least 14 days prior to each event at which said vendors intend on selling their wares in order to be advised of permitted vending areas.
D. 
Street vendors may remain stationary on private property during the special one-time event with written permission from the property owner.
E. 
Street vendors may remain stationary on public property, sidewalks or streets with permission of the Chief of Police or his designee.
F. 
Hawking or shouting is prohibited; however, street vendors may make reasonable announcement of the merchandise which they have for sale, but loud, unnecessary outcries likely to disturb or annoy persons in the vicinity shall not be made at any place or time.
G. 
The Chief of Police shall not permit the sale of any explosive devices such as bag bombs, or other explosive products designed to be thrown against a hard surface and explode, upon any street in the Town.
H. 
No street vendor will be allowed to sell or offer for sale any article, goods or service within a fifty-foot radius of any police or firefighter's memorial, or monuments constructed or erected to memorialize those who dedicated or lost their lives during wartime or armed conflicts, or within a crosswalk.
[1]
Editor's Note: This ordinance also renumbered former §§ 221-5 through 221-11 as §§ 221-6 through 221-12, respectively.
[Amended 9-13-2004 by Ch. No. 1506; 2-8-2010 by Ch. No. 1704]
A. 
It shall be the duty of the person or organization seeking a carnival or circus license to inform, by regular mail, at least seven days prior to the hearing on the application, property owners within 200 feet of the proposed event to be conducted, the location of the event, the dates and times during which the proposed event is to be conducted, and the nature, types, and layout of activities that will occur.
B. 
If the activity sought to be licensed under this chapter involves the engaging of independent vendors or contractors, it shall be the duty of the person or organization seeking a license under this chapter to inform each independent vendor or contractor of applicable state and local requirements.
[Amended 2-8-2010 by Ch. No. 1704]
A. 
The Director of Public Safety may restrict the number of persons allowed in the event area as the Director deems necessary for the protection of the public health, welfare and safety.
B. 
In granting a license under this chapter, the licensing authority 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.
C. 
If the event 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 event to continue beyond the authorized closing time.
[Amended 5-19-2014 by Ch. No. 1820]
The Chief of Police shall determine whether and to what extent additional police protection reasonably will be required for the event 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/she 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, and such expense shall be prepaid by the applicant before a permit or license may be issued.
[Amended 9-13-2004 by Ch. No. 1506; 2-8-2010 by Ch. No. 1704]
A. 
The fee for a special one-time event license shall be as specified in Chapter 121, Fee Schedule.
B. 
The Licensing Authority may waive the license fee for any event sponsored or funded, in whole or in part, by the Town of Westerly or by any entity qualifying for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code or for events that are free to the public.
Any such license approved by the licensing authority may be valid for one day or for any period of time not exceeding 14 days.
[Amended 2-8-2010 by Ch. No. 1704[1]]
Every application for a license hereunder shall be subject to approval of proper authorities as specified in § 158-3.
[1]
Editor’s Note: This ordinance also removed former § 221-10, Restrictions on hours for events held in places licensed to sell alcoholic beverages, placed such provisions in § 221-6 as Subsection C, and renumbered the remaining sections of this chapter.
[Amended 2-8-2010 by Ch. No. 1704; 5-19-2014 by Ch. No. 1820]
Any person or organization who shall violate any provision of this chapter shall, for each violation, be subject to the penalties as provided in Chapter 1, Article II, General Penalty. All members of the Police Department are authorized to enforce the provisions of this chapter.