[HISTORY: Adopted by the Town Board of the Town of Harrison 8-8-1934. Amendments noted where applicable.]
This chapter is designed to promote the health, safety, morals and the general welfare of this community, including the protection and the preservation of the property of this town and of its inhabitants, and also of its peace and good order.
No person, firm or corporation shall conduct and/or exhibit or in any manner whatsoever, either as a principal, an associate of a principal, an officer or a director of a corporation which is such a principal or as an agent, a servant or an employee of such principal, assist in or participate in making any arrangements for the conducting and/or the exhibiting of, for money or hire, in any place within the boundaries of the town, any circus, caravan, nondomestic animal, curiosity (human, animal or artificial), feats of horsemanship, theater, pool and/or billiard parlor, bowling alley, shooting gallery, public dance hall or any other similar show, exhibition, performance and/or place of amusement without first obtaining a valid license therefor.
No license shall be required, however, for the conducting of any of said amusements or exhibitions which hereinabove are either enumerated or referred to by any church or public school nor for the conducting of any such amusements or exhibitions for money or hire, the entire proceeds of which are to be used for the benefit of any local charity, and no license shall be required for the conducting of a flower show, a lecture, a concert or an athletic contest or exhibition, nor for the conducting, upon or within the premises of a country club, of a horse show, a cat show, a dog show or a bird show.
No license shall be issued pursuant to the provisions of this chapter except upon application therefor, which shall be made in writing to the Town Clerk, which application, in each instance, shall fully describe the nature of the amusement or the exhibition for which such license is sought, the place where such amusement or exhibition is to be conducted, the period during which the same is to be conducted, the approximate number of persons who will be employed in connection with the same and the general nature of the duties of such employees. Such application, in each instance, shall be signed and sworn to, in affidavit form, by the applicant and shall set forth the applicant's full name, age, sex, residence and business address and status as a citizen of the United States, respectively.
The Town Clerk hereby is authorized and empowered to refuse a license to any applicant for a license, pursuant to the provisions of this chapter, who has been convicted of either a misdemeanor or a felony which, in the judgment of the Town Clerk, renders such applicant unfit or undesirable to carry on or to conduct the trade, business, occupation, amusement or exhibition which is involved; and the Town Clerk hereby further is authorized and empowered to refuse a license to any such applicant who, in the judgment of the Town Clerk, shall be an undesirable person or incapable of conducting properly the trade, business, occupation, amusement or exhibition which is involved.
Form. The Town Clerk is hereby authorized and is instructed to issue licenses for the conducting of such amusements and exhibitions, pursuant to the provisions of this chapter, but only upon the applicant fully complying with such conditions as may have been imposed by the Town Board in granting such application in each instance. Such license, in order to be valid, shall be signed by the Town Clerk, shall be sealed with the Town Seal and shall specify the amusement or the exhibition which is licensed, the place where and the period during which the conducting of such amusement or exhibition is authorized and also the amount of the license fee which has been paid.
Qualifications. No license shall be issued under the provisions of this chapter to any person who is not a citizen of the United States, who is under the age of 21 years, or who, in the judgment of the Town Clerk, is an undesirable person or is incapable of conducting properly the trade, business, occupation, amusement or exhibition for which such license is desired; and no license shall be refused except for a definite reason or reasons, which shall be stated in refusing the application for such a license.
Prohibited places for amusements and exhibitions. No license shall be issued for the conducting, and no person, firm or corporation shall conduct or shall arrange or shall participate in arranging for the conducting, of any of the several amusements or exhibitions which hereinabove are either enumerated or referred to and in respect to which a license is required, in any instance, in any residential district, as the same is defined in the Building Zone Ordinance of this town, which was adopted on July 18, 1928, or in any existing amendments thereto, or as the same subsequently may be defined in any amendments thereto which hereafter may be enacted or in any new Zoning Ordinance which hereafter may be adopted by the Town Board of this town nor in any building or structure nor upon any premises wherein or whereon the conducting of any such amusement or exhibition would constitute a violation of said Zoning Ordinance or of any existing or future amendments thereto, or of any substitute therefor.
Bond of indemnity. No license shall be issued pursuant to the terms of this chapter for the conducting and/or the exhibiting of any circus, caravan, nondomestic animals, human, animal or artificial curiosity, feats of horsemanship or a theater, except upon the furnishing by the applicant for a license therefor of a bond, which shall be satisfactory to the Supervisor of this town, in penal sum of $1,000, to secure and to indemnify this town against any and all claims and/or suits for damages which might result by reason of any act or acts of such applicant or the agents or employees of such applicant or of the conducting of said amusement or exhibition itself.
No license shall be issued, and none shall be valid, for a period longer than one year from the date of the issuance thereof, but in no event longer than until the first day of January next succeeding such date of issuance.
No license issued under the provisions of this chapter shall be transferable, and any holder of such a license who permits said license to be used by any other person, and any other person who uses such a license, shall be deemed to be guilty of a violation of the provisions of this chapter.
[Amended 2-19-1986 by L.L. No. 2-1986]
For the privilege of conducting any of the amusements or exhibitions which are referred to in this chapter, the following license fees shall be paid to the Town Clerk:
Nondomestic animals: $100.
Feats of horsemanship: $100.
Indoor theater: $1.
Outdoor theater: $50.
Billiard or pool parlor: $100.
Bowling alley: $100.
Public dance hall: $100.
For all other shows, exhibitions, performances or places of amusement: $50 each.
Each licensee under the provisions of this chapter shall keep the same on the premises where the amusement or the exhibition shall be located, and such licensee shall produce and exhibit the same at any time upon demand therefor being made by any police officer of this town. A refusal to comply with the provisions of this section shall constitute presumptive evidence that such person so refusing is conducting such amusement or exhibition without having procured a license therefor pursuant to the requirements of this chapter, and such a refusal shall be deemed to be a violation of the provisions of this chapter.
All licenses which may be issued pursuant to the provisions of this chapter, and all such licenses, at all times shall be subject to such additional reasonable rules, regulations, restrictions and ordinances in respect to the conducting of such amusements and exhibitions as hereafter may be adopted by the Town Board.
All moneys which shall be received by the Town Clerk pursuant to the provisions of this chapter forthwith shall be paid by him to the Supervisor in the same manner as the Town Clerk is required to remit other town moneys.
[Amended 2-19-1986 by L.L. No. 2-1986]
Any person violating any of the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.