Amusement Local Law
(Amended April 1, 2010)
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 or shall not 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 provisions 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.
e. Functions by a family such as graduations, weddings, picnics or similar family gatherings.
Section 3.
The amount of the fee for a license shall be One Hundred Dollars ($100.00) which shall be the fee 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 year. However, the Supervisor of the Town of Colesville, with the 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 11:00 P.M. in the evening. Upon review of an application, the Town Board in its sole discretion may set an earlier closure and termination time.
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, unless the event is expected to draw more than One Hundred (100) people and then the application must be filed at least two months 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 or extra expense (monitoring, enforcement or otherwise) imposed upon the Town, its officers, agents and/or employees, arising from the negligence, active or passive, or other acts or actions of the applicant or the event attendees, 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.
b. Such application shall include detailed plans, reports and specifications of the items listed herein, and be further accompanied by such additional plans, reports, specifications and other matter as may be required by the Supervisor or Town Board respecting the provisions of: water supply, permanent or portable sewerage facilities, drainage, refuse storage and disposal facilities, food service, medical facilities or ambulance services, supervision of crowds, perimeter fencing, barricading, or signage, adequate off street parking, traffic control with safety visible vests/clothing, protection of neighboring properties including adequate signage to prevent trespass by event attendees, and fire protection. In the event that any alcohol is to be served or consumed at the proposed event, a copy of the applicant's approved New York State Liquor Authority license must accompany the application.
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 than $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 liability and all liability or cause of action which might arise by reason of granting of the permit, which policy shall not be cancellable without ten (10) days prior written notice of the Town of Colesville and which shall be in effect during the entire period of the event. The insurance policy shall specifically name the Town of Colesville as an additional insured on a primary and non-contributing basis. A copy of the insurance certificate shall be filed with the Town of Colesville at least ten (10) days prior to 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.
•g. Such application shall be hand delivered or mailed to all residents of the Town who reside within one-half (1/2) mile of the proposed event, unless the Town Board sets a greater or lesser distance, within five (5) calendar days of submission of the application to the Town. Proof of service of such application upon such residents must be filed with the Town as a condition to the Town Board acting on approval or denial of said application.
•h. Such application, upon approval by the Town Board, shall be immediately filed with the State, County and local police, fire and ambulance companies as notification of said event.
Section 6.
A determination granting or denying the requested permits shall be made within two (2) weeks after application therefore or at the next regular Town Board meeting, whichever is longer, unless the Supervisor or Town Board require more information with respect to said application which shall then extend the time period for a determination by the Town Board to its next subsequent regular Town Board meeting. 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.
Section 7.
The person, firm or corporation to whom a permit has been issued shall provide the name, address, home phone number and cellular phone number of one or more individuals as required by the Town Board who is/are 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 all hours of the day or night 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 sated 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 at least 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 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.
b. For each violation of the provisions of this local law, the person violating the same shall be subject to a fine of 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 to compel compliance with or to restrain by injunction, 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.
The amendments to 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.
