It is the purpose of this chapter for the Town of Johnston to adopt,
by ordinance, a specific, distinguishable license for the operation of entertainment,
as defined herein, as allowed by the Laws of the State of Rhode Island, as
amended. It is the further purpose of this chapter to address and mitigate
the secondary effects of entertainment establishments and businesses that
are referenced herein and defined herein. Secondary effects have been shown
to include increased crime, adverse impacts on the value of residential and
commercial properties, and adverse impacts on the quality of life in the Town.
All of said secondary effects/impacts are adverse to the public health, safety,
morals and general welfare of the Town of Johnston and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
BUILDING OFFICIAL
The individual appointed by the Mayor to the position of Johnston
Building Official, or his designee(s).
ENTERTAINMENT
Any live production of music by an individual, band, musician or
musicians, any theatrical performance, rope or wire dancing or other show
or exhibition or performance, including but not limited to karaoke, wrestling,
boxing or sparring match or exhibition, or public skating rink or hall. The
term “entertainment” as used herein shall include, but not be
limited to, any music or sound provided by any mechanical, electronic or other
means, such as record, tape, or other audio or audiovisual means, excepting
therefrom the use of juke box devices, so called, which is provided in any
individual or business establishment which has entertainment or amusement
of its patrons as its primary or substantial business purpose. Nothing herein
contained shall be intended to regulate or prohibit the operation or use of
any sound-producing apparatus, television or video monitor which may be incidental
to the function of any legally operating business establishment provided that
the use or operation is not a primary source to an entertainment activity.
INDIVIDUAL or BUSINESS ESTABLISHMENT
Any person, corporation, club, partnership, association, society
or any other organized group or persons, including officers, directors and
trustees of a corporation, club, association or society.
PREMISES
Any room, place or space in the Town of Johnston in which entertainment,
as defined herein, is produced or provided to which the public may gain admission,
either with or without the payment of a fee, including, but not limited to,
any building, theater, hall or rink.
TOWN
The Johnston Town Council, its agent(s) or designee(s).
Pursuant to the applicable Rhode Island General Laws, as amended, this
chapter, as it pertains to the fees charged, shall not apply to entertainment
provided by religious and charitable societies and volunteer fire-fighting
companies duly organized and incorporated for the purpose of furthering their
religious, benevolent, or fire-fighting work.
Each license issued hereunder shall be kept posted at the main entrance
of every premises licensed thereunder.
No license issued under the provisions of this chapter shall be transferred
or assigned to any individual or business establishment or used by any individual
or business establishment other than the license to whom it was issued, nor
shall such license be used on any premises other than the premises stated
in such license.
If, during the term of the licensing period, one or more directors,
officers or greater than 10% of the stockholders of a corporate licensee are
substituted or added, each substituted or added director, stockholder or officer
shall, within five days of such substitution or addition, file with the Town
Clerk of the Town of Johnston an application for an approval of the change
of directors, stockholders or officers on such forms as are prescribed by
the Town Clerk.
The individual(s) or business establishment(s) desiring a license to
provide entertainment, as defined herein, shall use a form of application
provided by the Town Clerk, as approved by the Town Solicitor, which shall
include, but not be limited to, the following:
_______________, 20_____
|
To the Honorable Town Council:
|
The undersigned, on behalf of _________________________, hereby makes
application for a license to provide entertainment at ______________________________________
Avenue/Street, Johnston, Rhode Island, for the period of _______________,
20_____ through _______________, 20_____. It is hereby expressly agreed that
said entertainment shall be provided in strict accord with the provisions
of law regulating entertainment, and the undersigned agrees that the license
is given and accepted subject to the provisions of this application and that
he shall be held responsible for any violation of any provisions of law or
ordinance regulating such entertainment.
|
The owner of the premises in which
such entertainment is to be provided is _______________________________, and
his/her/its address is _____________________________________, Rhode Island.
|
All premises licensed hereunder to provide entertainment to the public
shall be kept at all times in a clean, healthful and sanitary condition, and
all stairways and other passages and all rooms connected with providing said
entertainment shall be kept open and well-lighted. The Building Official,
the Police Commissioner, the Fire Commissioner or any inspector or uniformed
patrolman or fireman of their departments shall have the power, upon complaint
made, to inspect the premises to ensure compliance with this chapter.
All individuals or business establishments possessing a liquor license
with a 2:00 a.m. permission from the Town and who provide entertainment, as
defined herein, shall discontinue said entertainment on or before the hour
of 1:30 a.m. and all said individuals and business establishments shall be
closed on or before the hour of 2:00 a.m. All individuals or business establishments
possessing a liquor license with a 1:00 a.m. closing and who provide entertainment,
as defined herein, shall discontinue said entertainment on or before the hour
of 1:00 a.m. and all said individuals and business establishments shall be
closed on or before the hour of 1:00 a.m. If said individual or business establishment
does not have a liquor license then their/its closing hour shall be set by
the licensing authority at the time the application is acted upon but shall
not be later than 1:00 a.m.
Whenever the Johnston Town Council shall disapprove an application for
any license, or the renewal thereof, the applicant may appeal from the decision
or order of the Johnston Town Council as provided by Rhode Island General
Laws, as amended.
Whenever a license is issued hereunder by the Johnston Town Council
for a term of more than 30 days, the Town of Johnston may cause the premises
to be inspected at least once every three months by the Building Official
and the Johnston Fire Department. The licensee shall have the obligation to
cooperate with said official and the Johnston Fire Department with regards
to these quarterly inspections.
The Town reserves the right granted to it by state law to appoint proper
officials, at the expense of the licensee, to preserve order and to execute
the orders of the Johnston Town Council at any show or during any entertainment
provided under a particular license and to report any violation of law that
may occur on the premises while said official is present.
Each individual or business establishment providing entertainment, as
defined herein, to the general public prior to the adoption of this chapter
shall apply for a license in conformity with this chapter within seven days
of the adoption of this chapter and said application shall be acted upon by
the Town as set forth herein.
In no way should the adoption of this chapter be interpreted as a waiver
by the Johnston Town Council to exercise any rights granted to it by state
statute or its Town Charter.
Anyone convicted of a violation of any of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II, of this Code.