[HISTORY: Adopted by the Village Board of the Village of
Churchville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-1-1986 by L.L. No. 2-1986 (Ch. 32 of the 1984 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any activity as defined in § 78-2A below.
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object, including electronic
video games, pinball machines, billiard or pool tables and other games
of amusement, skill or chance.
Any natural person, partnership, association, club, firm
or corporation; hereafter referred to as the "applicant."
A.
No person shall conduct an amusement or exhibition, including a circus,
carnival, fair, merry-go-round, rodeo, Ferris wheel or other mechanical
device or ride, within the Village of Churchville without first obtaining
a license.
B.
No person shall operate or permit to be operated any premises wherein
are located any amusement devices, billiard or pool tables, bowling
alleys, shooting galleries or any game, operation or transaction similar
thereto within the Village of Churchville without first obtaining
a license.
A.
Applications for licenses shall be made upon forms to be supplied
by the Village Clerk. All such applications must be returned to the
Village Clerk no less than 15 calendar days before the date of the
event or before the amusement device is brought onto the premises.
If the amusement device is to be installed on the premises prior to
the effective date of this article, an application for a license must
be filed within 15 days of the effective date of this article. All
applicable fees must be paid at the time the application is returned
to the Village Clerk.
B.
All applications shall contain the following information:
(1)
Name, phone number and address of the applicant.
(2)
Type of person, whether an individual, partnership, association,
club, corporation or other type of legal entity.
(3)
If other than an individual, the relation of the applicant to the
partnership, association, club, corporation or other type of legal
entity.
(4)
Name, phone number and address of the partnership, association, club,
corporation or other type of legal entity.
(5)
The address and phone number of the premises where the licensed amusement
or device is to be operated or exhibited, together with the character
of the business as carried on at such place.
(6)
The name, address and phone numbers of all operators of any amusements,
as defined above, or mechanical rides, together with the dates and
times of such use or operations.
(7)
A statement that the applicant or other person using or operating
the amusement or amusement device shall comply with all local, county,
state or federal requirements, ordinances and laws.
(8)
Any and all pertinent information as determined by the Village Board
and more fully set forth on the application.
C.
Upon its presentation, the Village Clerk shall refer such application
to the Building Inspector/Code Enforcement Officer for a full investigation
as to the truth of the statements contained therein and as to any
or all other matters which might tend to aid the Village Board in
determining whether or not such application should be granted.
D.
The Village Board shall decide whether or not a license shall be
issued, considering, among other things, the effect of the amusement
or amusement device upon the peace, welfare and good order of the
Village.
E.
In granting a license, the Village Board may approve or disapprove
of any lighting system or device or any system or device for the amplification
of sound, as well as impose such further conditions as are deemed
reasonable by the Village Board in order to effectuate the purposes
of this article.
Before such license is granted, every applicant shall furnish
to the Village Clerk evidence that a public liability insurance policy
in such amount as the Village Board may deem sufficient to protect
members of the public has been executed by the applicant and which
names the Village of Churchville as an additional insured and saving
and holding harmless the Village for any injury to persons or property
because of the acts, omissions, fault, negligence, culpable conduct
or default by the licensee, his agents, assigns, servants or employees.
Said policy shall be issued by an insurance carrier authorized to
do business in the State of New York. All such policies shall be subject
to the approval of the Village Attorney and the Village Board.
A.
The license fee shall be set annually by resolution at a meeting
of the Village Board.
B.
License fees submitted with applications which are either withdrawn
by the applicant or denied by the Village Board shall be refunded,
less the actual cost of any investigation incurred by the Village.
Unexpended or unused licenses shall not, however, enable the licensee
to gain a refund of any fees so paid after such licenses have been
approved by the Village Board.
C.
Nonprofit organizations of a charitable, religious, educational or
veterans nature shall be exempt from any such fees as required by
this article but shall otherwise observe all rules of conduct and
licensing procedures as established herein.
D.
All licenses shall expire on the first day of May of each year, unless
otherwise so stated on the license.
All licenses shall be posted in a conspicuous place at either
the place of amusement or on the premises in which the amusement devices
are located.
A.
Licensees
shall not permit gambling or betting at any amusement or on the premises
in which an amusement device is located.
B.
The
licensee shall at all times maintain good order and shall not permit
any disturbance, congestion or loitering upon the licensed premises
or area.
C.
All
licensees shall abide by all sanitary, fire and safety codes.
D.
Each licensee shall, within five days, report in writing to the Village
Clerk any change by addition or deletion of any information furnished
on the license application during the term of any license or renewal
thereof.
E.
All licensees, their agents, servants or employees shall cooperate
fully with the Village Clerk and any law enforcement officer and/or
agency.
All licenses shall be nonassignable and nontransferable without
prior, written Village Board approval.
A.
The
Village Board reserves the power to revoke without notice any license
issued under the provisions of this article at any time in cases in
which such licenses were procured by fraud or false representation
of facts or for the violation or failure to comply with any provision
of this article by any licensee, his servants, agents or employees.
In case of such revocation, no portion of any fee for such license
shall be refunded.
B.
After
any such revocation, the licensee, upon request, shall be entitled
to a hearing before the Village Board not less than 10 days after
such revocation nor more than 30 days afterwards. All such requests
must be in writing and given to the Village Clerk, who will set a
date for the hearing, giving the licensee 10 days' notice thereof.
[Adopted 12-1-1986 by L.L. No. 3-1986 (Ch. 42 of the 1984 Code)]
A.
No person shall carry on the exhibition of any circus, natural or
artificial curiosities, caravans of animals, theatrical performance
or carnival without a license for such purpose.
B.
The license fee shall be $100 for each performance or exhibition.
There shall be no fee if all proceeds of a circus performance or carnival,
after expenses, are used for a charitable purpose or for the benefit
of a charitable or religious corporation.
C.
All licenses shall be for the period therein stated.
A.
No sideshows may be operated or maintained in connection with or
incidental to any carnival.
B.
No circus or carnival operator or any other person shall operate
or maintain any devices or mechanisms on which the public rides or
in which the public participates unless such devices or mechanisms
are approved by the Building Inspector/Code Enforcement Officer.
C.
All proprietors or operators of carnivals shall file with the Village
Clerk a policy of public liability of $500,000/$1,000,000 before opening
for public patronage.
Upon receipt of an application for a circus license, the Village
Clerk shall immediately refer the same to the Building Inspector/Code
Enforcement Officer, who shall cause an investigation to be made.
Said Building Inspector/Code Enforcement Officer shall determine the
amount of the fire equipment and number of security officers which
he deems necessary to be in attendance at the location of the proposed
exhibition during the time of the performance, and the applicant shall
deposit with the Village Treasurer a sum equal to the reasonable value
of the use of said equipment and the furnishing of the necessary personnel
for such time as will be required, in order to reimburse the Village
for such expense.
No circus license shall be issued until the plans aforesaid have been approved by the Building Inspector/Code Enforcement Officer, the deposit for fire and security protection has been made with the Village Treasurer and the insurance specified in § 78-16 has been approved by the Village Attorney.
A.
The operator of a circus or carnival shall comply with the following
regulations:
(1)
Adequate aisles, sets, platforms and poles shall be maintained.
(2)
Sufficient exits, well marked and properly lighted, shall be provided.
(3)
Lighted and unobstructed passageways to aisles leading away from
the structure wherein the performance is to take place shall be provided.
(4)
Any pole, rope or other construction in any aisle or exit shall be
removed before the structure is used as a place of public assembly.
(5)
"No smoking" signs, visible at all times, shall be posted in such
manner and places as the Building Inspector/Code Enforcement Officer
may deem necessary.
(6)
An employee shall be stationed at each entrance and shall require
the extinguishing of all cigarettes, cigars and smoking materials.
(7)
Announcements shall be made at frequent intervals to persons in the
assembly of the fact that smoking within the structure is prohibited.
(8)
Any use of open flames shall be safeguarded in a manner required
by the Building Inspector/Code Enforcement Officer or entirely prohibited
if, in his judgment, it is deemed necessary.
(9)
Proper facilities shall be maintained for calling the Fire Department.
(10)
Such fire equipment of the Village as may be deemed necessary
by the Chief of the Fire Department shall be present on the grounds
during each circus performance.
(11)
Such security officers and firemen as the Building Inspector/Code
Enforcement Officer may deem necessary shall be in attendance during
the performance.
(12)
Inspection shall be made before the opening of each performance
by the Building Inspector/Code Enforcement Officer, and any defects
which may be found shall be corrected before the performance takes
place.
B.
The operator of such circus or carnival shall conform to any additional
rules or regulations which in the judgment of the Building Inspector/Code
Enforcement Officer may be necessary to render the occupation or use
of the premises safe.
A.
Bond. The applicant for a circus license shall file with the Village
a bond in the sum of $25,000, conditioned upon saving harmless the
Village of Churchville from any and all liability or causes of action
which might arise by virtue of the granting of a permit to the applicant
and conditioned further that no damage will be done to the streets,
sewers, trees or adjoining property and that no dirt, paper, litter
or other debris will be permitted to remain upon the streets or upon
private property by the applicant, either during or after the performance.
B.
Insurance. The applicant for a circus license shall file with the
Village Clerk evidence, deemed by the Village Attorney to be sufficient,
that a public liability insurance policy in the amounts of not less
than $500,000/$1,000,000 will be in force and effect at the time such
structure will be occupied as a place of public assembly.
