All amusements are prohibited in the Town of
Brookhaven, except when such amusements are conducted under the management
and for the profit of local religious, fraternal, educational, political,
veterans, firemen's, civic, nonprofit or charitable organizations
or for the benefit of the Town of Brookhaven on premises owned by
the Town of Brookhaven or the Trustees of the Freeholders and Commonalty
of the Town of Brookhaven.
[Amended 5-27-2021 by L.L. No. 9-2021, effective 1-1-2022]
Any amusement authorized pursuant to § 4-3 of this article shall be conducted solely upon the issuance of a permit therefor by the Town Clerk. Such permit shall only be issued upon the filing with the Town Clerk of a written verified application completed in accordance with § 4-5 of this article by an officer of the organization sponsoring such amusement, at least 30 days prior to the time of the commencement of such amusement or 90 days prior to the commencement of such amusement where such event involves audience capacity or attendees in excess of 1,000 persons.
Each application for a permit required by § 4-4 of this article shall contain and, where applicable, be accompanied by the following:
A.
A statement of the purpose of the enterprise or organization
sponsoring the amusement; a statement of the purpose of the amusement;
the name, address, date of birth and social security account number
of the individual manager or other person responsible for the same;
a full description of the amusement activities and features to be
offered; the date and location such amusement is to be held; and the
portion of the sales price, percentage of the proceeds or other consideration
or benefit the religious, fraternal, educational, political, veterans,
firemen's, civic, nonprofit or charitable organization is to receive.
B.
The name, address, date of birth and social security
account number of individual exhibitors, vendors or entrepreneurs
traveling or associated with such amusement enterprise.
C.
Evidence of public liability insurance in limits of
not less than $1,000,000 combined single limit for both bodily injury
to or death of any one or more persons and for damage to or destruction
of property or, in the case of an amusement which offers the use of
a mechanical ride or rides to the public, evidence of public liability
insurance in limits of not less than $1,000,000 combined single limit
for bodily injury to or death of any one or more persons and for damage
to or destruction of property.
(1)
All insurance certificates shall include the Town
of Brookhaven as an additional insured and shall be noncancellable
without 15 days' prior written notice of cancellation to the Town
Clerk.
(2)
Evidence of an owners and contractors protective liability
policy in limits of no less than $1,000,000 combined single limit,
naming the Town of Brookhaven as the insured, shall be provided. The
applicant shall provide the Town Clerk of the Town of Brookhaven with
the original insurance policy for this coverage.
(3)
The Town Clerk may require an applicant to supply
additional insurance coverage where the minimum amounts stated herein
are, in the opinion of the Town Clerk, insufficient for the risk undertaken.
D.
Bond.
(1)
At the discretion of the Town Clerk, either cash,
a certified check or surety company bond in the sum of $5,000, or
such lesser sum as determined by the Town Clerk, on condition that
no damage will be done to any public places or adjoining private premises
and that the applicant will not permit any litter or debris to remain
upon any public place or private premises, which cash or check shall
be refunded or surety company bond canceled upon certification to
the Town Clerk by the Commissioner of the Department of Recycling
and Sustainable Materials Management of the Town of Brookhaven that
the premises on and around which the amusement was conducted are in
satisfactory condition. In the event that the applicant shall neglect
or refuse to restore the premises on and about which the amusement
was conducted to the condition they were in prior to the conduct of
such amusement, the Town Clerk may deduct the expenses of restoration
or cleanup from the cash, certified check or bond posted hereunder.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
(2)
At the discretion of the Town Clerk, either cash,
a certified check or surety company bond in the sum of $5,000, or
such lesser sum as determined by the Town Clerk, may be required by
the Town Clerk to insure the refund to the public of the proceeds
attributable to advance ticket sales in the event that one or more
performances of the amusement are canceled or that ticket holders
are refused admission on account of limitations of seating or capacity
limitations imposed by the permittee or any public safety official.
E.
Written permission from the true owner of the premises
upon which the proposed amusement is to be held, as indicated upon
the latest tax assessment roll of the Town of Brookhaven, expressing
the consent of such owner to the operation of the amusement on such
premises. For outdoor shows, specify the highway or street in the
Town of Brookhaven requested to be closed for the purposes of conducting
the outdoor show and the duration in which said highway or street
is to be closed.[1]
[Amended 8-14-2007 by L.L. No. 18-2007, effective 8-20-2007]
[1]
Editor’s Note: Former Subsection F, Fee, added 9-1-1992
by L.L. No. 1992 and which immediately followed this subsection, was
repealed 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017.
F.
No alcohol
shall be permitted or consumed on site unless proof of liquor license
is submitted with the application.
[Added 10-21-2021 by L.L. No. 20-2021, effective 10-27-2021]
Any charitable organization, as defined and regulated by Article 7-A of the New York State Executive Law, filing an application to conduct an amusement shall, in addition to satisfying the requirements of § 4-5 herein, include with each application proof of such organization's valid registration with the New York Secretary of State as a charitable organization.
Any professional fundraiser or commercial co-venturer, as both such terms are defined and regulated by Article 7-A of the New York State Executive Law, filing an application to conduct an amusement shall, in addition to satisfying the requirements of § 4-5 herein, include with each application proof of valid registration with the New York Secretary of State as a professional fundraiser or commercial co-venturer. Professional fund raisers and commercial co-venturers shall also submit proof with each application that a surety bond has been posted with the Secretary of State naming the applicant as obligor and the Secretary of State as obligee.
Any professional solicitor, as defined and regulated by Article 7-A of the New York State Executive Law, filing an application to conduct an amusement shall, in addition to satisfying the requirements of § 4-5 herein, include with each application proof of valid registration with the New York Secretary of State as a professional solicitor.
If any person or organization authorized to conduct an amusement pursuant to § 4-3 herein, with the exception of charitable organizations, files an application to conduct an amusement, and such amusement is to be organized, controlled, operated, established, conducted or otherwise regulated in any manner by a professional fundraiser, professional solicitor or commercial co-venturer, then such fund raiser, solicitor or co-venturer shall comply with the application requirements of § 4-5 herein and shall supply the applicable information to the Town Clerk required by § 4-5.1, 4-5.2 or 4-5.3.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
Upon receipt of an application, complete and in proper form,
the Town Clerk shall issue a permit which shall become effective from
the date and for the period stated therein but which shall not be
transferable. A permit may be refused to an applicant who shall have
been convicted of a misdemeanor or felony or who, in the judgment
of the Town Clerk, is unfit or undesirable or incapable of properly
conducting the amusement. The Town Clerk shall issue a permit upon
the favorable consideration of factors relative to the safe, peaceable,
orderly and sanitary operation of the proposed amusement. Such factors
shall include but not be limited to traffic congestion, overcrowding,
availability of emergency exits, sanitary conditions surrounding the
dispensing of food, the harboring of animals, the collection of rubbish
and other waste matter, fire hazards and the safe condition of structures
and mechanical rides, where applicable. The Town Clerk may request
and study the recommendations of the Division of Traffic Safety of
the Town of Brookhaven, the Building Division of the Town of Brookhaven,
the Department of Recycling and Sustainable Materials Management,
the Department of Fire Prevention of the Town of Brookhaven, the Humane
Officer of the Town of Brookhaven, the Suffolk County Police Department,
the Suffolk County Department of Health, the New York Secretary of
State and the New York State Department of Labor in reaching a determination
based on the foregoing factors.
Each permit issued by the Town Clerk for any amusement authorized pursuant to this article shall specify the duration, stated in days, permitted for each such amusement and shall further specify that the time such amusement shall be open to the public shall be limited to the hours between 9:00 a.m. and 10:30 p.m., Sunday through Thursday, and 9:00 a.m. and 11:30 p.m. on Friday and Saturday. The Town Clerk may impose further restrictions upon the operation of any amusement to effectuate the legislative intent of this chapter, based on the considerations enumerated in § 4-6 of this article, and shall so specify such restrictions in the permit. Each permit to conduct an amusement shall be limited to 14 days in duration. Notwithstanding the foregoing, the Town Board may extend the hours of operation of any such amusement upon written application therefor by the applicant, and the Town Board shall so notify the Town Clerk to set forth the approved hours of operation on the permit.
Notwithstanding the issuance of a permit in
accordance with the provisions of this article, no amusement shall
commence operation or open to the public unless it has first obtained
from the Chief Fire Marshal of the Town of Brookhaven a certificate
affirming that all tents, rides, buildings, structures, electrical
wiring and equipment are in a nonhazardous and reasonable fireproof
condition. Such certificate must be filed by the applicant with the
Town Clerk prior to the time and date of commencement of operations
as set forth in the permit. All tents, rides, buildings, structures
and electrical wiring equipment shall be in place and operational
for purposes of inspection by Town officials no later than 12:00 noon
of the last business day immediately prior to the scheduled opening
of said amusement.
In the event that the person, firm, corporation or other entity conducting an amusement violates or causes to be violated any condition set forth in the permit under which such amusement operates or upon the recommendation of any governmental agency enumerated in § 4-6 of this article, the Town Clerk may revoke such permit authorizing the conduct of the amusement.
[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]
Any person, firm, corporation or other entity who sponsors,
operates or conducts any amusement without first obtaining a permit
as provided in this article shall be guilty of a misdemeanor and,
upon conviction thereof, shall be subject to a fine not to exceed
$500 or to imprisonment for not less than 15 days nor more than 90
days, or both.
