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Town of Smithfield, RI
Providence County
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Table of Contents
Table of Contents
[Adopted 7-14-1970; amended 9-25-1973 (Ch. 4, Art. IV, Secs. 4-76 through 4-84, of the 1985 Code of Ordinances)]
As used in this article, unless the context otherwise indicates:
PERSON
Includes an individual, firm, corporation, company, partnership, association, an unincorporated association and any person acting in a fiduciary capacity.
SHOWS, EXHIBITIONS and THEATRICAL PERFORMANCES
Includes, among others, motion-picture shows and theatrical shows of all kinds, but shall not include those sponsored and/or conducted by nonprofit organizations specifically exempted by the Town Council.
No person shall, within the Town, publicly or for compensation or for any profit or advantage to himself or other person exhibit, present or take part in any exhibition or theatrical performance or other show or performance without first obtaining a license as provided in this article from the Town Council.
A. 
Applications for licenses issued under this article shall be made upon forms prepared and made available by the Town Clerk and shall state:
(1) 
The name, home address and proposed address of the applicant;
(2) 
The number of people or occupants which the establishment is designated to accommodate;
(3) 
The hours of operation for said establishment; and
(4) 
Such other information as the Town Council shall find reasonably necessary to effectuate the purpose of this article and to arrive at a fair determination of whether the terms of this article have been complied with.
B. 
An application hereunder shall be accompanied by a plat or drawing of said establishment showing its location, size and capacity; location and size of entrances and exits; and location, size and construction of walls, fences or barriers surrounding said premises.
C. 
Whenever an application for a license shall be made, the Chief of Police shall examine said application to determine if any police officer or officers shall be assigned to such event; thereupon, the Chief of Police shall file with the Town Clerk a statement of the necessity and number of police officers to be assigned to such event, which will become part of the licensing requirement.
With the exception of motion-picture shows, the initial application under this article shall be accompanied by an application fee of $15.
The Town Council shall issue a license under this article when it finds that:
A. 
The applicant is of good moral character and capable of operating the proposed business in a manner consistent with the public safety and good morals; and
B. 
The requirements of this article and of all other governing laws and ordinances have been met.
With the exception of motion-picture shows, a license shall be issued to a successful applicant under this article after payment to the Town Clerk of a license fee of $100. Thereafter, for each annual renewal of said license the fee shall be $50 payable in full on or before the annual renewal date of December 1 of each year.
A license shall be issued to a successful applicant for a motion-picture license under this article after payment to the Town Clerk of an annual license fee of $500, payable in full on or before the annual renewal date of December first of each year. Provided, however, that in the event initial application is made for a motion-picture license at a time other than said date of December 1 the initial annual fee shall be prorated accordingly for the portion of the year for which it is issued. An applicant for a motion-picture license hereunder shall not be subject to the initial application fee set forth in § 186-10.
A licensee under this article shall comply with the following requirements and standards of operation:
A. 
Quiet; good order. The licensee shall maintain quiet and good order upon the premises, and loitering shall not be permitted in or about the entrances to or exits from such premises.
B. 
Indecent advertising. The licensee shall not permit indecent, obscene or other unlawful advertising with regard to any performance or performances.
The Town Council shall have the authority to revoke or suspend a license issued under this article when it finds that:
A. 
The licensee is operating in violation of this article or any other governing law, ordinance or regulation; or
B. 
The licensee is operating so as to constitute a nuisance by reason of noise or unlawful activity on the premises.