No person shall hold or conduct a music festival, concert or other outdoor
public entertainment without first obtaining a special entertainment license
from the Town Council of Charlestown.
Any person applying for such a special entertainment license shall file
application in a form approved by the Town Council.
Any person applying for a special entertainment license shall show that
all taxes due to date have been paid and all zoning requirements met for the
premises on which the entertainment is to be held and for the property to
be used as associated parking facilities.
Application for a special entertainment license shall be filed at least
fourteen (14) days prior to the Town Council meeting at which it will be considered
in public hearing.
[Amended 8-11-1981]
The Town Council shall send special notice by certified mail to all
owners of abutting property within two hundred (200) feet of the site of the
entertainment and the parking area of the time and place of the public hearing
regarding said special entertainment. The applicant shall bear the cost of
the certified mail.
In accepting a license for special entertainment, the licensee shall
accept responsibility for meeting the following safety, health and welfare
requirements:
A. The number of police personnel required to be on duty
at any special entertainment shall be two (2) police officers or Constables
for the first one hundred fifty (150) persons attending and one (1) additional
officer or Constable for each additional one hundred fifty (150) persons attending,
to be stationed by the Chief of Police. All police officers or Constables
shall be paid at their prevailing hourly rate by the license applicant.
B. The applicant shall provide insurance satisfactory to
the Council at the time the license is issued for all police officers and
Constables assigned to the special entertainment to cover medical care, any
future loss of pay due to injury related to the entertainment and protection
against any court suit or liability for false arrest or other civil or criminal
action related to this special entertainment.
C. The applicant shall provide an off-street parking area,
with an adequate number of attendants to supervise orderly handling of traffic
and with a number of police officers or Constables as determined necessary
by the Chief of Police.
D. The applicant shall provide litter fences (such as snow
fences) around both the entertainment area and the parking area.
E. The applicant shall supply portable toilets at both the
site of entertainment and the site of the parking area, the number to meet
the requirements of the State Department of Health.
F. All trash and rubbish shall be collected and removed
from both the entertainment area and the parking area within twenty-four (24)
hours after the conclusion of the entertainment.
G. The applicant shall supply a bond satisfactory to the
Council at the time the license is issued to provide protection for possible
damage to other owner's property in the vicinity of the entertainment
or the parking area. Said bond shall not be released until ten (10) days after
the entertainment.
H. In addition, the applicant shall be responsible for compliance
with all state, federal and local laws relating to health, safety and welfare
of the public at public gatherings.
Any special entertainment held outdoors in the Town of Charlestown shall
commence no earlier than 12:00 noon and shall conclude no later than 7:00
p.m. of the same day.
Both the premises where the special entertainment is held and the parking
area shall be closed as expeditiously as possible after the conclusion of
any special entertainment, and no sleeping will be permitted on the grounds
or in vehicles in either area.
[Amended 6-12-1989 by Ch. 171]
The fee for an approved special entertainment shall be payable upon
issuance of the license and set by ordinance by the Town Council.
The Town Council may, in its discretion, waive the requirement of this
Article for any special entertainment that is being conducted on behalf of
a charitable, civic or fraternal organization.
[Added 6-12-1989 by Ch. 171]
Any person who shall violate any provision of this Article shall, upon
conviction thereof, be punished, for each violation, by a fine of not more
than five hundred dollars ($500.) or by imprisonment for not more than thirty
(30) days. The continuation of a violation of any provision of this Article
shall constitute, for each day the violation is continued, a separate and
distinct violation hereunder.