Amusements Local Law
Local Law 1-1988
(Adopted February 4, 1988)
A Local Law Regulating Amusements and Forms of Entertainment in the Town of Colesville
Section 1.
The purpose of this local law is to protect the public health, welfare, safety, peace, and tranquility by regulating amusements and forms of entertainment within the Town of Colesville.
Section 2.
Any person, firm or corporation who shall collect a charge or contribution for admission to any circus, carnival, musical, or theatrical performance, auto or motorcycle race or races, show, athletic event, public exhibition or performance or other public amusement within the Town of Colesville shall first obtain a permit from the Supervisor of the Town of Colesville, with consent of the Town Board, as herein provided.
Exceptions:
The foregoing provision shall not apply to:
•a. Functions sponsored by the Harpursville Central School District;
•b. Functions sponsored at Nathaniel Cole Park;
•c. Functions sponsored by such charitable and civic organizations as the Boy Scouts of America, American Legion, volunteer fire departments and religious organizations with places of worship located within the Town; and
•d. Functions sponsored by the Town of Colesville.
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Section 3.
The amount of the fee for a license shall be Twenty-five Dollars ($25.00) which shall be for one day's performance or Two Hundred Dollars ($200.00) which shall be the fee for all performances to be conducted by the applicant during that calendar years. However, the Supervisor of the Town of Colesville, with consent of the Town Board, may in his discretion, upon application by any "Not for Profit" organization, charitable organization or educational organization, not otherwise exempted in Section 2 hereof, waive the fee as required in Section 9 herein and waive the liability insurance policy as required in Section 5(e) herein.
Section 4.
Any form of activity mentioned in Section 2 hereinbefore, which shall be conducted in an outdoor area, shall be closed and terminated at 11:00pm in the evening.
Section 5.
•a. The person, firm or corporation who will promote the event shall file with the Town Clerk an application at least one (1) month prior to the date on which the event shall occur. The application shall identify the area and location of such event, the name and address of the person or persons holding or promoting the same, the date or dates thereof and such other information relating thereto as the Supervisor may require. In such application, applicant must agree to indemnify and save the Town, its officers, agents and employees, harmless from any liability imposed upon the town, its officers, agents and/or employees, arising from the negligence, active or passive, of the applicant, as well as to reimburse the Town of any and all damage to any Town property arising from the negligence, active or passive, of the applicant or his agents, or by anyone employed directly or indirectly by the applicant relating to the sponsored event.
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•b. Such application shall be further accompanied by such additional plans, reports, specifications and other matter as may be required by the Supervisor respecting the provisions of water supply and sewerage facilities, drainage, refuse storage and disposal facilities, food service, medical facilities, supervision of crowds, and fire protection.
•c. Such application shall be accompanied by a permit as may be required issued by the appropriate permit issuing official pursuant to the provisions of the State Sanitary Code and shall be further accompanied by copies of all plans, reports and specifications required in the issuance of said permit pursuant to the State Sanitary Code.
•d. Such application shall further be accompanied by a copy of the performance bond filed pursuant to the State Sanitary Code.
•e. Such application shall be further accompanied by a comprehensive liability insurance policy insuring the Town of Colesville against liability for damage to person or property with limits of not less that $500,000/$1,000,000 for bodily injury or death and limits of not less than $500,000 for property damage, to save the Town of Colesville harmless from any and all liability or cause of action which might arise by reason of the granting of the permit, which policy shall not be cancelable without ten (10) days prior written notice to the Town of Colesville and which shall be in effect during the entire period of the event. Failure to keep such policy in effect will result in automatic revocation of the permit without hearing.
•f. Such application shall be further accompanied by an environmental assessment form as required by the State Environmental Quality Review Law.
Section 6.
A determination granting or denying the requested permits shall be made within two (2) weeks after application therefore. No permit shall be granted unless the applicant complies with all requirements of this Local Law. Denial of the permit by the Town Board shall be in writing.
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Section 7.
The person, firm, or corporation to whom a permit has been issued shall provide an individual who is acceptable to the permit-issuing official as suitable and responsible; to be in charge of the property and who shall be on or available to the property during reasonable hours of the day while the event is being conducted.
Section 8
A person, firm or corporation to whom any permit is issued shall comply with the provisions of this local law and with all conditions stated in the permit, and shall allow the permit-issuing official or his representative to enter the premises at any reasonable time to ascertain compliance with this local law.
Section 9.
Each application shall be accompanied by a fee in the amount of One Hundred Dollars ($100.00) payable at the time of its submission. Such fee shall be compensation to the Town of Colesville for its examination and processing of such application and shall not be refundable in whole or in part.
Section 10.
a. Any person who conducts any event regulated hereunder or shall promote or advertise such event without first obtaining a written permit in accordance with the provisions of this local law, shall be deemed to have violated this local law. Any person who commits or permits any act in violation of any provisions of this local law, shall be deemed to have committed a misdemeanor and shall be liable for the penalties provided.
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b. For each violation of the provisions of this local law, the person violating the same shall be subject to a fine or not more than $500.00, nor less than $100.00, or imprisonment not to exceed one year, or both.
c. In addition to the above provided penalties, the Town of Colesville may maintain an action or proceeding in the name of the Town of Colesville in a Court of competent jurisdiction, the violation of this local law.
Section 11.
Should any section or provisions of this local law be declared by any Court to be unconstitutional or invalid, such declaration shall not affect the validity of this local law as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 12.
This local law shall become effective immediately
Section 13.
The provisions of this local law shall be in addition to and not in lieu of nor construed to be in conflict with the provisions contained in Section 225 of the Public Health Law or Section 7- 1.40 through 7-1.44 of Chapter 1 of the New York State Sanitary Code or Local Law 3-1981 of the Town of Colesville entitled a Local Law Regulating the Assembly of Persons within the Town of Colesville, as amended.
