[HISTORY: Adopted by the Town Board of the Town of Evans 5-3-2023 by L.L. No. 6-2023. Amendments noted where applicable.]
To ensure the public good and promote the public welfare, the
Town of Evans requires the licensing of all special events occurring
within the Town of Evans outside the Village of Angola.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes an individual, organization, society, club, firm,
partnership, corporation or association of persons, and the singular
shall include the plural number.
An event that is expected to draw a large number of people
due to its nature, interest, location, promotion or any combination
of similar influences, and that is held on public property or on private
property that affects public property within the Town of Evans outside
the Village of Angola, and requires support and/or resources from
the Town of Evans.
A.
No person or party shall establish, maintain or conduct a special
event, as herein defined, without first having procured from the Town
Board of the Town of Evans a license for that purpose. Applications
for a license shall be filed with the Town Clerk's office at
least 60 days prior to anticipated need of license.
(1)
Except as otherwise provided in this chapter, the term of such licenses
shall run for the calendar days stated on the license approved by
the Town Board and issued by the Town Clerk.
(2)
The fee for a special event license shall be established by the Town Board and listed as set forth in Chapter 106, Fees.
(3)
A license shall be required for each special event conducted. Each
separate special event shall require a separate special event license.
B.
No special event license shall permit the use, detonation, display or exhibition of fireworks, as defined in Chapter 95, Entertainment, Public; Refreshment Businesses, without first having obtained from the Town Board of the Town of Evans a fireworks license for such purpose pursuant to and in compliance with Chapter 95, Entertainment, Public; Refreshment Businesses.
C.
No special event license shall permit a live band or orchestra to perform out-of-doors or amplify the sound of such performance out-of-doors, or permit the amplification of the sound from any sound-producing equipment out-of-doors, without first having obtained from the Town Board of the Town of Evans a license for such purpose pursuant to and in compliance with Chapter 95, Entertainment, Public; Refreshment Businesses.
D.
Nothing herein shall be deemed to abrogate or repeal any provisions
of the Town Code of the Town of Evans relative to noise, or the regulation
of noise.
A.
Any person desiring to establish, maintain or conduct a special event,
as herein defined, shall make application for a license to the Town
Board, in writing, upon blanks prepared and furnished for such purpose
by the Town Clerk, with whom said applications shall be filed.
B.
Such application shall set forth the name and residence of each of
the applicants, if an individual, firm or partnership, or the names
of at least three of the principal officers and their residences if
the applicant is a society, club, corporation/LLC or association of
persons. Such applicants shall also state the following:
(1)
Whether any applicants or their principal officers have been convicted
of a crime or of a violation of any Town or city ordinance and, if
so, what offense, when and in what court.
(2)
The location of the premises where such special event is to be conducted
or maintained, giving a sufficient description for ready identification.
(3)
What activities will be conducted as part of such special event.
(4)
Any other information and details about the special event as required
by the Town Clerk in its application; for example, vendors, security,
or request for street/sidewalk/parking lot closure.
(5)
Such other information as the Town Board may from time to time require.
C.
The application shall be signed and acknowledged before a notary
public or other officer authorized to administer oaths, and if the
officer has a seal it shall be thereunto affixed.
Upon receipt of a complete application, including payment of
applicable fees, the Town Clerk shall refer the same to the Evans
Chief of Police for investigation regarding the character and reputation
of the applicant, and if applicable, to the Erie County Health Department
for investigation regarding the cleanliness and sanitary condition
of the premises and any food being prepared and/or served as part
of the special event, all with a view to the preservation of the public
peace, morals, health and safety. It shall be the duty of the Evans
Chief of Police, and if applicable, the Health Officer, to approve
with their signatures or to disapprove and to report the results of
the investigations promptly to the Town Clerk, who shall lay the same
before the Town Board.
A license may be refused by the Town Board if it has good reason
to believe that the applicant has been convicted of a felony within
five years of the date of application; or a misdemeanor or any offense
which shows unfitness to conduct such special event within one year
of application; or who has omitted a material statement or made a
false statement in the application required in this chapter; or that
the place where the special event is proposed to be located is not
a proper or appropriate place. If the application is rejected by the
Town Board, the Town Clerk shall thereupon notify the applicant in
writing of its decision and the reasons therefor. No applicant whose
license has been refused shall make further application therefore
within 90 days from the time of such rejection, unless he can show
that the reason for such rejection no longer exists. No license shall
be refused except for a specific reason and for the protection of
the public health, safety, good order or morals.
No special event license shall be transferred from one person
to another.
Every special event license issued in accordance with the provisions
of this chapter shall be posted in a conspicuous place at the location
where such special event is conducted or maintained during the entire
term of the special event.
It shall be unlawful for any person conducting or maintaining
a special event, as defined in this chapter, to permit any disorderly,
indecent, immoral or unlawful conduct on or in such premises where
such special event is located or to have or allow on the premises
any slot machine or gambling device of any kind.
The person or persons conducting a special event pursuant to
a license issued pursuant to this chapter shall conduct said special
event pursuant to the requirements of all applicable federal, state,
local and Town laws, ordinances, rules and regulations.
A.
All officers charged with the enforcement of this chapter shall,
at all times during the special event, have access to any part of
the premises where the special event is conducted to permit the examination
of such premises. Refusal to permit the examination of such premises
shall be a violation of this chapter and shall be sufficient reason
for the suspension and/or revocation of the license.
B.
All officers charged with the enforcement of this chapter, upon discovery
of any condition that is an imminent danger to the public health and
safety, shall immediately suspend the special event license, and file
a complaint with the Town Board requesting revocation of the special
event license.
C.
The Town Board, upon receipt of a complaint or on its own motion
should it believe that sufficient cause therefor exists, following
a hearing at which the licensee has an opportunity to be heard, conducted
at least five business days after written notice to the licensee specifying
the grounds for the revocation, may revoke a special event license
when it determines to its satisfaction that any licensee has committed
or allowed to be committed any of the following:
(1)
Conducts a special event without a license required by this chapter
or other chapter, law, rule or regulation.
(2)
Violates any of the provisions of a license issued pursuant to this
chapter or other chapter, law, rule or regulation.
(3)
Conducts such special event during a prohibited time.
(4)
Continues to conduct a special event after any license therefore
is suspended or revoked.
(5)
Violates of any of the provisions of this chapter.
(6)
Violates any applicable federal, state, local or town laws, ordinances,
rules and regulations.
(7)
The special event so licensed is being conducted in a manner which
is detrimental to the morals, safety, peace or health of the community.
D.
Whenever a special event license is revoked, the Town Board shall
notify the licensee in writing and give the reasons for such suspension
or revocation
When a license has been revoked, no other license shall be issued
to the same licensee within one year.
Any person who, by themselves or by their agent or employee,
shall conduct or maintain any special event without the license required
by this chapter; or violates any of the provisions thereof; or conducts
such special event during a prohibited time; or continues to conduct
such special event after having had a special event license issued
hereunder suspended or revoked, shall, upon conviction of such violation,
be subject to a fine or penalty of not more than $250 or 15 days imprisonment,
or both, and in addition, may have such license, if then in force,
suspended or revoked by the Town Board. Each day on which such violation
continues shall constitute a separate offense.
This chapter shall be enforced by the Code Enforcement Office
and the Police Department of the Town of Evans.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision of this chapter.
This chapter shall take effect immediately upon filing with
the Secretary of State.
