Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fallsburg as Ch. 14 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Mass gatherings — See Ch. 191.

§ 120-1 Purpose.

The purpose of this chapter is to provide for the regulation and licensing of entertainment, including but not limited to carnivals, side shows, menageries, circuses, caravans and/or a combination of all or any of them and all types of rides, whether the same be stationary or mounted on trucks, trailers or other movable platforms.

§ 120-2 Classes of entertainment.

A. 
All circuses, menageries or combined circuses and menageries, all carnivals, side shows, concerts, minstrel or musical entertainment, vaudeville, legitimate theater given under a covering of canvas or within any structure or enclosure in the open, shall belong to and be known as entertainments of the first class.
B. 
All merry-go-rounds, revolving wheels, slides or other machines or apparatus carrying passengers, operated in permanent stations or mounted on trucks, vehicles or other conveyances shall belong to and be known as entertainments of the second class.
C. 
All machines or apparatus carrying passengers such as motor scooters, motorcycles, automobile or other motor-driven vehicles or devices operated as a business and/or for profit in the nature of an amusement attraction, shall be known as entertainments of the third class.
D. 
All shooting galleries, lifting machines, blowing and/or striking machines, except coin-operated machines, shall be known as entertainments of the fourth class.

§ 120-3 Entertainment without license prohibited.

No entertainment, exhibition or performance mentioned or included in any of the four classes specified and defined in this chapter, shall be conducted, produced or presented for gain or profit other than from a duly licensed theater, opera house, hall, enclosure or open area without first procuring from the Town Clerk a license for that purpose as hereinafter provided.

§ 120-4 Licenses and fees.

A. 
Entertainments within the Town, hereinbefore referred to, shall be given only after the issuance by the Town Clerk with the approval of the Town Board, of a license therefor upon payment such fees as shall be set from time to time by resolution of the Town Board, applicable to the respective classes (first, second, third or fourth).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Where any entertainment, show, performance, amusement or enterprise embraces two or more of the classes above enumerated, such entertainment, show, performance, amusement or enterprise shall be classified and charged for as belonging wholly to that class for which the highest fee may be charged.

§ 120-5 Posting of license.

Every license issued under the provisions of this chapter shall, at all times, for the term for which it is issued, be posted in a conspicuous place at or near the principal entrance of the premises described in such license, or if used for a vehicle, in a place where the same may be easily examined by any person passing in and out of such premises or using the ride mounted on said vehicle.

§ 120-6 Licenses to be subject to any future changes.

Every license issued under the provisions of this chapter and all privileges pertaining thereto shall, at all times be subject to the provisions of this chapter and other provisions of this Code and such other changes or amendments that may be hereafter adopted.

§ 120-7 Games of chance or awards prohibited.

All licenses for entertainments, where a license is required, shall contain a provision that no game, lottery or chance, gift distribution of money or articles of chance shall be connected therewith or allowed by the person operating such place, or in anywise permitted or held out as an inducement to visitors.

§ 120-8 Maximum capacity to be stated.

All such licenses shall also state the number of persons such licensed theater, hall, building or open area has accommodations for and no more than that number shall be allowed to occupy such theater, hall, building or open area at any one time.

§ 120-9 Exemption of nonprofit or eleemosynary organizations.

Upon proof satisfactory to the Town Board that the net proceeds of any one or more of the amusements set forth herein will be used exclusively for the benefit of a charity, a religious or benevolent society, public or private school, churches, organizations of churches, organized fire departments or any U.S. veterans organizations of any and all wars, including auxiliaries of such organizations, the Town Board shall exempt such organization from payment of the fee or fees hereinabove provided.

§ 120-10 Authority of Town Board to establish additional regulations or conditions.

In connection with the granting of any license for any amusement set forth herein, the Town Board may provide such regulations and/or conditions precedent to the granting of the license for the safety and protection of the general public as it, in its wisdom, may set up and change from time to time.

§ 120-11 Exclusion of certain businesses.

Hotels, boardinghouses, bungalow colonies and rooming houses are expressly excluded from the provisions of this chapter requiring the obtaining of a license for concerts, minstrel or musical entertainment, vaudeville and legitimate theater.

§ 120-12 Penalties for offenses.

A. 
Any violation by any person of any of the provisions of this chapter shall be and hereby is declared to be an offense, and upon conviction therefor, such person, firm, association or corporation shall be subject to a fine of not to exceed $100 and/or imprisonment in the Sullivan County Jail of a term not to exceed six months, or both.
B. 
Every day or part thereof that such violation shall continue, shall be deemed to be a separate and distinct violation of the provisions of this chapter.