[HISTORY: Adopted by the Town Council of the Municipality of Kingston 4-5-1982.
Amendments noted where applicable.]
A.
PERSON
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Includes any natural person, partnership, association or corporation.
B.
Word usage. The singular shall include the plural, the
plural shall include the singular, and the masculine shall include the feminine
and the neuter.
A.
It shall be unlawful for any person to hold or conduct
any circus, carnival, concert or similar function at any place in the Municipality
of Kingston without first having obtained from the Mayor a permit, for which
a fee of $50 a day, which shall be for the use of the municipality, shall
be charged.
B.
No such permit shall be issued until the Mayor shall
have caused an investigation to be made of the proposed location of such circus,
carnival, concert or similar function, and any other factor or features, including
liability insurance coverage and fire and police protection, pertinent to
the health, safety, morals and welfare of the municipality, and the Mayor
shall have authority to deny a permit in any instance where he shall deem
such proposed circus, carnival, concert or similar function to be a threat
to the health, safety, morals and/or welfare of the municipality.
It shall be unlawful for any person owning, leasing, renting or occupying
premises within the municipality where dances are held, at which an admission
or other fee is charged, to hold any such dance without first having obtained
from the Mayor a permit, and paying a fee of $5, which shall be for the use
of the municipality, for each day upon which any such dance shall be held
therein. The Mayor shall have authority to refuse to grant a permit for any
dance whenever, in his opinion, the same would not be beneficial to the health,
safety, morals or welfare of the municipality.
No person shall hold or conduct any baseball game, football game or
any other kind of athletic game, meet, competition or exhibition, where an
admission or other fee is charged, at any place in the municipality without
first having obtained a permit from the Mayor and paying a fee of $20, which
shall be for the use of the municipality, for each day on which such game,
competition or exhibition shall be held. In the case of a baseball or football
game, where more than one game shall be played in one day, the fee shall be
$30 per day. None of the provisions of this section shall apply to any form
of game, exhibition or athletic contest carried on or conducted by or under
the supervision of any school, society or organization, wherein the contestants
are amateurs and the awards given, if any, shall be none other than badges,
medals or cups, but for the holding of such games, exhibitions or athletic
contests, the person having charge thereof shall pay to the municipality an
amount sufficient to cover the costs to the municipality for extra police
service.
[Amended 2-6-1995 by Ord. No. 1995-3]
A.
It shall be unlawful for the owner/occupant of the premises
where games are conducted or machines or facilities operated and maintained,
where there is a charge for or in connection with the playing of such games
and/or the operation or use of such machines or facilities, to maintain the
same without first having obtained from the Municipality of Kingston an annual
license fee for the licensing year, which licensing year shall be January
1 - December 31.
[Amended 8-5-2002 by Ord. No. 2002-5]
B.
The license/permit fee shall be $100 per game, including
but not limited to shuffleboard games, pinball machines, electronic games,
computer games, video games, pool and billiard tables, bowling machines, jukeboxes,
bowling alleys (per lane) and any other type of game device, facility or any
and all amusement devises, machines or mechanisms.
C.
The licensing/permit fee shall be paid to the Municipality
of Kingston no later than January 31 of the licensing year.
[Amended 8-5-2002 by Ord. No. 2002-5]
D.
The Code Enforcement Officer of the municipality shall
have the authority to enforce this chapter.
Upon granting any license under §§ 48-2, 48-3 and 48-4 of this chapter, the Mayor may provide police protection at the circus, carnival, concert, public dance, athletic or sports event, or similar function, as the case may be, if determined by the Mayor to be required under the circumstances, by assigning for police or fire duty the number of members of the Police or Fire Department that he shall deem necessary. In that event, permit holders shall pay to the municipality any such amount of money that shall be needed to pay such policemen or firemen for any extra service duties required, beyond the municipality's normal scheduling of police and fire protection, at the current standard rate therefor.
No holder of a license or permit under this chapter shall permit any
music or other unnecessary noise on the premises, to which such license or
permit shall apply, after the hour of midnight, if such music or noise shall
be heard by persons outside such premises.
The Mayor shall have authority to suspend or revoke any license or permit
issued under the authority of this chapter, when he deems such suspension
or revocation to be beneficial to the public health, safety or morals, or
for violation of any provision of this chapter. No part of a license or permit
fee shall be refunded to any person whose license or permit shall have been
suspended or revoked.
The municipality, in granting any license or permit under this chapter,
is not rendered thereby liable for any damage or injury occurring at or resulting
from any such licensed activity or facility, and the person to whom such license
or permit shall be granted shall, by accepting such license or permit, save
the municipality harmless from any such damage or injury.
[Added 2-11-1985]
In no event shall the total of any license fee hereby imposed exceed
the sum of $3,000 for any single location or place of business.
[Amended 2-11-1985]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be punishable by a fine of not more than $300 and costs
of such proceedings or, upon default of payment of such fine and costs, by
imprisonment in the county jail for not more than 30 days.
