[HISTORY: Adopted by the Town Board of the Town of Bethlehem 9-30-1946. Amendments noted where applicable.]
Bingo and games of chance — See Ch. 49.
No person, firm, corporation or combination of persons having charge or control of any building or vacant lot in the Town of Bethlehem or any part thereof, either as owner, lessee, agent or otherwise, shall use or allow any other person, firm, corporation or combination of persons to use such building or any part thereof or any such vacant lot as a place of public amusement, theater, public golf course, public golf driving field, public miniature golf course or green, public tennis court, public bowling green or alley, public poolroom, public rifle range or shooting gallery, racetrack, merry-go-round, toboggan slide, public garden or for the giving of any concert, theatrical, dramatic or musical entertainment, including opera, ballet, farce or minstrel, or for giving of dancing or other entertainments of the stage or any part or parts therein, or any equestrian circus or any other kind of circus or dramatic performance or exhibition of any kind, whether an admission fee is charged or not, nor shall any person or persons keep or operate any hall or other place for rent or use for dances or balls, except a hall or place used exclusively as a school or academy for instruction in dancing, unless a license therefor is duly obtained in the manner herein specified. Nothing herein contained shall apply to the use of church meeting rooms, public school auditoriums, public or private golf courses or clubs, Masonic or other fraternal meeting rooms or any fire company or to the activities of any fire company from which the fire company derives a direct financial benefit, or to any performance, show or exhibition given for the benefit of any religious, educational, patriotic, veteran or eleemosynary society.
Licenses for keeping, having or performing any of the amusements or entertainments above numerated may be granted by the Town Board in its discretion and issued by the Town Clerk upon the payment to the Clerk of the license fee hereinafter specified and upon complying with the rules and regulations prescribed by this chapter. The license fee to be charged upon the granting of such license shall be as follows:
[Amended 3-23-1988 by L.L. No. 2-1988]
For each local theater or movie house, not to exceed $100 for one-year.
For every transient performance not given in a regularly licensed theater, public hall or place of public amusement except as given for charitable objects, and for each concert, theatrical or musical performance, minstrel, panorama or exhibition of any kind as provided, not to exceed $100 for one-year.
For every circus, caravan, menagerie or outdoor show or exhibition, $600 for each and every day open to the public; provided, however, that the Town Board in its discretion may reduce the license fee required for such circus or outdoor exhibition.
For each golf driving field, miniature golf course, rifle range or shooting gallery, public tennis court, public bowling green or alley, public poolroom, merry-go-round, toboggan slide or public garden, not to exceed $100 for one-year.
For each public dance hall or other place for rent or use for dances, whether such place shall be used solely for such purposes or in connection with any other business conducted on the said premises, not to exceed $50 in one-year.
For all other places of public amusement or for the giving of concerts or theatrical, dramatic or musical entertainments, not to exceed $100 for one-year.
All licenses shall expire on the succeeding first day of January.
All places of public amusement or for which a license shall be issued in accordance with the provisions of this chapter shall close their places at 12:00 midnight and remain closed until 7:00 a.m. of the following day, and all such places shall be closed and remain closed from 12:00 midnight Saturday night until 7:00 a.m. the following Monday, and no business, performance or activity licensed under this chapter shall be held or conducted for any purpose or in any manner, with or without hire or compensation, from 12:00 midnight Saturday until 7:00 a.m. the following Monday, excepting that bowling alleys and theaters for which a license shall have been issued may open their doors to the public for entertainment on Sunday between the hours of 2:00 p.m. and 11:00 p.m. and that baseball may be played in the parks of the said Town between the hours of 2:00 p.m. and 9:00 p.m. on Sunday.
The Town Board may, in its discretion, after notice to the owner, lessee or agent, suspend or revoke the license of any theater or place of public amusement as herein specified where any show, play or exhibition is given or advertised to be given which in its opinion is of a lewd or immoral nature or where it is determined by the Town Board to constitute a nuisance. The Town Board may also refuse to license any transient show, exhibition or entertainment, or may suspend or revoke the license of the same, whenever in its judgment such show, exhibition or entertainment is of a lewd or immoral nature. The Town Board may refuse to issue or reissue a license in a case where it may appear to be contrary to the best interest of the community or in a case where any of the provisions of this chapter have been violated.
The Town Board may revoke any license granted under this chapter in its own discretion, where it may deem that it is for the best interests of the community to do so or where any provisions of this chapter have been violated.
Pursuant to § 135 of the Town Law and amendments thereto, every violation of this chapter or failure to comply with any of the provisions or regulations set forth in this chapter shall be punishable by a fine not to exceed $250 for a single such violation or failure or, by imprisonment for not more than 15 days or both.
[Amended 3-23-1988 by L.L. No. 2-1988]
The Town Board may enforce obedience to this chapter and restrain any violation thereof by injunction.