[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.
A.
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.
B.
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.
A.
Application.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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[1] 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.
E.
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:
A.
Circus: $100.
B.
Caravan: $100.
C.
Nondomestic animals: $100.
D.
Curiosities: $100.
E.
Feats of horsemanship: $100.
F.
Indoor theater: $1.
G.
Outdoor theater: $50.
H.
Billiard or pool parlor: $100.
I.
Bowling alley: $100.
J.
Public dance hall: $100.
K.
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.
