[HISTORY: Adopted by the Town Board of the Town of Olive 4-7-1970
by L.L. No. 1-1970. Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person applying for a license under this chapter.
A permit issued by Town Clerk of the Town of Olive in accordance
with this chapter.
Any individual, firm, company, association, society, corporation
or group.
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.
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.
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.
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.
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.
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]
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.
This chapter shall be known and entitled "Licensing of Places of Public
Assembly."
