Town of Olive, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Olive 4-7-1970 by L.L. No. 1-1970. Amendments noted where applicable.]

§ 78-1 Legislative purpose.

It is hereby declared the policy of the Town of Olive, State of New York, that in order to safeguard the health, safety, welfare and morals within the Town of Olive, it is necessary to regulate and control the operations and conduct of places of public assembly so as to fix certain responsibilities and duties of employees and persons owning, operating or controlling such places.

§ 78-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person applying for a license under this chapter.
LICENSE
A permit issued by Town Clerk of the Town of Olive in accordance with this chapter.
PERSON
Any individual, firm, company, association, society, corporation or group.
PLACE OF PUBLIC ASSEMBLY
Any room, place or space, whether it be indoor or outdoor, which is occupied or arranged to be occupied for recreational, amusement, musical, social, sports, religious, patriotic, civic, travel and similar purposes.

§ 78-3 Regulations concerning license.

No license under this chapter is required for a public assembly for 300 persons or less.
A. 
No person shall use, occupy, permit to be used or occupied property for public assembly in excess of 300 persons unless a written license authorizing said use has been obtained from the Town Clerk of the Town of Olive.
B. 
A license shall be issued for a place of public assembly only after the following regulations have been complied with.
C. 
Application for said permit shall be by verified petition and filed with the Town Board of the Town of Olive at least 30 days prior to the date such public assembly is contemplated and shall contain the following information:
(1) 
The name, age and residence address of each applicant, and if there be more than one and they be partners, the partnership name and the name, age and residence address of each partner.
(2) 
If such applicant be a corporation, the name of the corporation, the names and residence addresses of its directors or other governing body, the names and residence addresses of its officers and, except in the discretion of the Town Board of the Town of Olive, the stockholders and the state under the laws of which it is organized.
(3) 
The premises to be licensed stating the street address and the name of the owner of said premises if premises has a street address and otherwise such description as will reasonably indicate the locality thereof.
(4) 
The name and address of the owner of the premises wherein or whereon the licensed premises are located.
(5) 
Whether applicant is a lessee and if so, the name and residence address of the lessor.
(6) 
If the applicant does not reside in the Town of Olive, the name and address of an agent who shall reside or have a place of business in the Town of Olive and who shall be authorized to and shall agree by affidavit to receive notices or summonses issued in respect to violations of this or any law or ordinance or rules or regulations thereunder.
(7) 
Whether the person applying for the license has been arrested or convicted of any crime, misdemeanor or violation of any local law or municipal ordinance and if the person has been convicted, the nature of the crime or violation, the court where convicted and the certificate of disposition from said court.
(8) 
Information concerning the sewerage disposal on the premises to be licensed.
(9) 
A duplicate statement specifying the precaution to be used for fire protection and duplicate maps indicating a usable water supply for fire protection.
(10) 
A statement specifying the facilities to be available for emergency treatment of persons who might require immediate medical attention.
(11) 
A statement that no loud, unnecessary or unusual noise shall be permitted to be made or caused to be made or continued which disturbs, injures or endangers or which might disturb, injure or endanger the health, peace or safety of other persons or public.
(12) 
A duly authorized representative of the Town Board of the Town of Olive shall have caused an inspection to be made of the premises to be licensed and is satisfied that such premises comply with all laws and ordinances that may be applicable thereto, including any rules and regulations promulgated thereunder and such laws, rules or regulations enforceable by any governmental authority; and is reasonably satisfied that the premises to be licensed are a safe and proper place to he used as a place of public assembly.
D. 
The Town Clerk of the Town of Olive shall not issue any license under this chapter unless all provisions of said law have been complied with and said Town Board of the Town of Olive at a regular meeting thereof or at a special meeting thereof have approved the application of the person requesting said license.

§ 78-4 Denial of license.

If the Town Board of the Town of Olive shall disapprove an application for a license under this chapter, they or the Town Clerk of the Town of Olive shall notify said applicant of the disapproval of said application and shall include therewith a statement of the reasons for disapproval. The notice of disapproval shall be by regular mail.

§ 78-5 License not transferable.

No license issued under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued nor shall such license be used on any location other than the location stated in such license.

§ 78-6 Additional general provisions.

Every person holding a license under this chapter and every place of public assembly shall comply with the following provisions. Violation of any of these provisions shall be unlawful.
A. 
No light on any part of premises licensed hereunder or on any place of public assembly shall be permitted to shine beyond the property line of the premises.
B. 
No soot, cinders, smoke, fumes, gases or disagreeable or unusual odors shall be permitted to emanate from the premises so as to be detrimental to any person or to the public or which either annoys, disturbs, injures, endangers or which may disturb, injure or endanger the safety and welfare of any person or the public.
C. 
No music shall be played in any public assembly either by mechanical device or live performance in such a manner that the sound emanating therefrom shall be audible beyond the property line of the premises whereon the place of public assembly is located. At no time shall music be played by mechanical device or live performance which annoys, disturbs, injures, endangers or which might annoy, disturb or endanger any person or the public in their comfort, safety, repose and peace.
D. 
No loud, unnecessary or unusual noise shall be permitted to be made, or caused to be made or continued at any time which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of other persons or the public.
E. 
No license shall be issued unless the applicant shall deposit with the Town Clerk cash or good surety company bond, approved by the Town Board, in the minimum sum of $100,000 for any public assembly of 1,000 persons or more and conditioned that no damage will be done to any public or private property and that the applicant will not permit any litter, debris or other refuse to remain upon any public or private property by reason of the granting of the license; which cash shall be refunded or surety company bond cancelled upon certification to the Town Board by the duly authorized representative of the Town Board that all conditions of this chapter have been complied with.
F. 
No license shall be issued for any public assembly of more than 1,000 people under this chapter unless the applicant shall furnish the Town Board with a comprehensive liability insurance policy insuring the town against liability for damage to persons or property with limits of not less than $500,000 - $1,000,000 for bodily injury or death or limits of not less than $500,000 for property damage, sufficient in form to save the town harmless from any liability or causes of action which might arise by reason of the granting of the license, and noncancellable without 10 days' prior written notice to the Town Board and noncancellable without the written approval of the Town Board to cancel said bond.

§ 78-7 Penalties for offenses.

A. 
Any person who shall violate any provision of this chapter or any rule or regulation adopted by the Town Board pursuant to this chapter shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate violation. For the purposes of conferring jurisdiction upon courts generally, violations of this chapter shall be deemed an offense, and for such purposes only.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the above provided penalties, the Town Board of the Town of Olive may also maintain any action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.

§ 78-8 Title.

This chapter shall be known and entitled "Licensing of Places of Public Assembly."