Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans 12-15-1993 by L.L. No. 13-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 106.
Games of chance — See Ch. 118.
Noise — See Ch. 137.
Zoning — See Ch. 200.

§ 95-1 Purpose.

To ensure the public good and promote the public welfare, the Town of Evans requires the licensing of all amusements, live bands, refreshment businesses and restaurants and dance halls or establishments that allow dancing in accordance with New York State Town Law § 130.

§ 95-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT
Includes all entertainments and businesses described in or referred to in § 130, Subdivision 12, of the New York State Town Law or to which said section is applicable, including circuses, theaters, pool and billiard parlors, bowling alleys, athletic contests or exhibitions and all similar amusements for money or hire, except public hacks and vehicles, and except amusements conducted by churches, schools, recognized fraternal, patriotic, religious or agricultural societies or fire companies or under their auspices situated in the Town of Evans outside the Village of Angola.
APPLICANT OR PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular shall include the plural number.
DANCE HALLS
Public places of business or entertainment where dancing is permitted (this shall not include dance schools) in the Town of Evans outside the Village of Angola.
FIREWORKS
Includes any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or the use of blank cartridges for a show or theater or for signal or ceremonial purposes or in athletics or sports or for use by military organizations.
[Added 6-6-2001 by L.L. No. 4-2001]
LIVE BANDS AND ORCHESTRAS
Entertainment performed by a person or a group of persons actually playing musical instruments, electrically amplified or not, situated in the Town of Evans outside the Village of Angola.
REFRESHMENT BUSINESS
A restaurant, eating place, lunch counter, soft drink counter or other similar place for the sale, for consumption upon the premises, of foods and beverages within the Town of Evans, outside the Village of Angola.

§ 95-3 License required; term; fees; number required; exemptions.

[Amended 6-6-2001 by L.L. No. 4-2001; 6-20-2012 by L.L. No. 2-2012]
A. 
No person or party shall establish, maintain or conduct an amusement, public entertainment or refreshment business, as herein defined, without first having procured from the Town Board of the Town of Evans a license for that purpose.
(1) 
Except as otherwise provided in this chapter, such licenses shall run for the calendar year and shall expire on December 31, following their date of issuance.
(2) 
Fees.
(a) 
The fee for such a license shall be established by the Town Board and listed as set forth in Chapter 106, Fees.
(b) 
Late filing. License renewal applications filed later than December 31 will be charged a late-filing fee, which shall be set by resolution of the Town Board and as set forth in Chapter 106, Fees.
(3) 
One license shall be required for a business which has numerous stands, places, rooms or enclosures which are in direct connection with or are contiguous to each other. Rooms, places or enclosures not contiguous to or directly connected with one another shall be deemed separate places of business and shall require a separate license.
B. 
No person or party shall establish, maintain or conduct or permit the use, detonation, display or exhibition of fireworks, as herein defined, which shall be deemed to be, for the purposes of this chapter, a public entertainment (whether or not admission or fee is charged, and regardless of whether admission to view the same is free or without any charge whatsoever, and whether or not such use, detonation, display or exhibition of fireworks is intended to produce profit or gain, for any person or party), without first having obtained from the Town Board of the Town of Evans a fireworks license for such purpose.
(1) 
Such license shall license the otherwise prohibited use, detonation, display or exhibition of fireworks, for a period of time not to exceed four consecutive hours, and shall expire upon the expiration of such four-hour period.
(2) 
No license shall be issued unless the applicant shall furnish the Town with a comprehensive liability insurance policy, issued by a company duly licensed by the State of New York, insuring the applicant against liability for damage to persons or property with limits of not less than $1,000,000, single limit coverage, with no aggregate, for bodily injury or death, and limits of not less than $100,000, single limit coverage, with no aggregate, for property damage, which said policy shall name the Town as an additional insured and shall be noncancelable without 30 days' prior written notice to the Town. In the event that such insurance is canceled, for any reason, any such license issued shall be deemed null and void.
(3) 
Fees. The fee for the application for such license, as well as for the issuance, shall be as set by resolution of the Town Board, from time to lime made and passed as set forth in Chapter 106, Fees. Such fee shall be nonrefundable, regardless of whether such application is approved and such license is granted or such application is denied.
(4) 
Notwithstanding other provisions of this chapter, Erie County Health Department investigation and approval shall not be required prior to the issuance of such license where no statute, rule or regulation, other than the provisions of this chapter, would otherwise require the investigation by, or approval of, the premises or applicant.
(5) 
In addition, unless specifically excused by the Town Board in the consideration of such application, such application shall be filed with the Town Clerk not less than 45 days in advance of the date upon which such event, which is the subject of such application, is to take place. The Town Board, by specific action in connection with the consideration of such application, may excuse a failure to file such application in a timely fashion, upon good cause shown.
(6) 
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, except that the issuance of a license permitting a fireworks display, as hereinabove set forth, shall suspend the operation of such prohibitions against noise and exempt such fireworks display from the application of such provisions regarding noise regulation.

§ 95-4 Live band or orchestra license.

[Amended 12-21-1994 by L.L. No. 12-1994; 6-20-2012 by L.L. No. 2-2012]
A. 
Except as hereinafter provided by license to be issued pursuant hereto, no live band or orchestra shall be permitted to perform out-of-doors or amplify the sound of such performance out-of-doors.
B. 
Any business licensed as a refreshment business as defined in this chapter may apply for a license, to run on a calendar year, for the performance of a live band or orchestra and/or for the amplification of the sound of such performance out-of-doors.
(1) 
Such performance and/or the amplification of the same shall be allowed only between the hours of 3:00 p.m. and 11:00 p.m.
(2) 
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.
(3) 
The fee for such license shall be set, from time to time, by resolution of the Town Board.
C. 
For the purpose of a special and specific event not otherwise governed by the terms and provisions of this chapter, a "special event license" may be issued upon application and review thereof as set forth in this chapter, for a "special event license" which will permit a live band or orchestra to perform out-of-doors and/or amplify to the out-of-doors the performance of the same and/or for the amplification of the sound of such performance or sound from any sound-producing equipment out-of-doors in the Town of Evans.
(1) 
Any application for such license, in addition to the information required pursuant to § 95-5 of this chapter, shall specify the date and the time of the intended performance of such live band or orchestra or the production of such amplified sound out-of-doors, which time shall not exceed four consecutive hours specified in such application between the hours of 3:00 p.m. and 11:00 p.m.
(2) 
No such special event license shall be issued to the same person, persons, party or parties, and no premises shall be the site of such live band or orchestra performance, more frequently than four times in any calendar year.
(3) 
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.
(4) 
The fee for such license shall be set, from time to time, by resolution of the Town Board.

§ 95-5 Application for license.

[Amended 6-6-2001 by L.L. No. 4-2001]
A. 
Any person desiring to establish, maintain or conduct an amusement, public entertainment or a refreshment business or a display or exhibition of fireworks, 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 or association of persons. Such applicants shall also state the following:
(1) 
The length of time such applicant, if an individual, firm or partnership, or the officers thereof, if the applicant is a society, club, corporation or association of persons, has resided at their current address; his or their places of current and previous employment; and whether he, she or they, or any of them, 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 premises where such business or display or exhibition of fireworks is to be conducted or maintained, giving a sufficient description for ready identification.
(3) 
Whether such business or display or exhibition of fireworks is to be carried on in connection with any other kind of business and, if so, what other business.
(4) 
Whether the applicant has, either alone or with someone else, previously engaged as owner or employee in conducting a bar, cafe, club, hotel or other business of similar nature and, if so, when, where and for how long, and if such application is relative to a display or exhibition of fireworks, the qualification, licensing or certification of the person or party to conduct the actual detonation and/ or ignition of all such fireworks.
(5) 
The name of the owner of the premises in which such business is to be located, or upon which such display or exhibition of fireworks is to take place, together with said owner's residence address.
(6) 
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.

§ 95-6 Investigation of applicant and premises.

Upon receipt of any such application, the Town Clerk shall refer the same to the Erie County Health Department and to the Chief of Police for investigation regarding the character and reputation of the applicant, the cleanliness and sanitary condition of the premises and the arrangement of the rooms where such business is to be carried on with a view to the preservation of the public peace, morals, health and safety. It shall be the duty of the Health Officer and the Chief of Police 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.

§ 95-7 Rejection of application.

A license may be refused by the Town Board if it has good reason to believe that the applicant, or the person actually in charge of the business, is not of good moral character or has, within five years of the date of application, been convicted of a felony or, within one year, of a misdemeanor or, within one year, of any offense which shows his unfitness to conduct such a business as described in this chapter 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 business 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 therefor within six months 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.

§ 95-8 Transfer of licenses.

No license shall be transferred from one person to another. Any license may be transferred from one place to another, upon application therefor to the Town Board and an approval by the Erie County Department of Health and the Chief of Police.

§ 95-9 License to be posted.

Every license issued in accordance with the provisions of this chapter shall be immediately posted in the premises licensed and, while in force, shall be kept posted in a conspicuous place therein.

§ 95-10 Behavior and conduct in licensed premises; gambling.

It shall be unlawful for any person owning, conducting or supervising any amusement, public entertainment or refreshment business, as defined in this chapter, to permit any disorderly, indecent, immoral or unlawful conduct on or in such premises or to have or allow on the premises any slot machine or gambling device of any kind.

§ 95-11 Department of Health regulations to be followed.

The person or persons conducting business under the licenses in this chapter shall operate said business pursuant to the requirements of the Erie County Department of Health.

§ 95-12 Recommendation to revoke or suspend license; examination of premises.

A. 
The Town Board may revoke or suspend licenses granted under this chapter by notice, in writing, whenever it shall appear to its satisfaction from the recommendation of the Police Chief that such licensee has violated any of the provisions of this chapter or any other ordinance of the Town of Evans or of the laws of the State of New York.
B. 
All officers charged with the enforcement of this chapter shall, at all times when said premises shall be open for business, have access to any part of the premises occupied for the conduct of said business to permit the examination of such premises. Refusal by any person conducting such business or in charge thereof to permit the examination of such premises shall be a violation of this chapter and shall be sufficient reason for the revocation or suspension of the license.

§ 95-13 Hearing upon complaint.

Whenever the Town Board, upon complaint or recommendation or of its own motion, believes that sufficient cause therefor exists, it shall cause to be served upon any licensee or person conducting such business, as herein defined, a notice specifying the grounds for a complaint and fixing a time and place at which the Town Board will hear and determine the charges made, which shall be not less than three days from the date of service of said notice, at which time and place the person against whom the charges are filed shall have an opportunity to be heard and to make his defense against such charges.

§ 95-14 Revocation or suspension of license.

Any licensee who shall violate or shall permit a violation of any of the laws of the state or of this chapter or any other ordinance or reasonable rule or regulation of the Town of Evans within such licensed establishment shall be liable to have his or its license revoked or suspended for such period as said Town Board, in its discretion, may think proper. The Town Board shall also have the right to suspend or revoke such license whenever it shall appear to its satisfaction that the business so licensed is being conducted in a manner which is detrimental to the morals, safety, peace or health of the community; provided, however, that when such license is suspended or revoked, the Town Board shall notify the licensee in writing and give the reasons for such suspension or revocation.

§ 95-15 Restrictions on grant of new licenses.

When a license has been revoked, no other license shall be issued to the same licensee within one year.

§ 95-16 Penalties for offenses.

[Amended 6-6-2001 by L.L. No. 4-2001]
Any person or party who, individually, or by such person's or party's clerk, agent or employee, shall conduct any event or business without the license required by this chapter, or violate any of the provisions thereof, or, having had a license issued hereunder suspended or revoked, continues to conduct such event or business during a prohibited time, 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.