[HISTORY: Adopted by the Town Board of the Town of Niagara 10-10-1995
by L.L. No. 3-1995. Amendments noted where applicable.]
For the purpose of providing for the regulation and licensing of the
theatrics, dramatic and operative entertainment, shows, amusements, field
games and public exhibitions of every kind intended to amuse, instruct or
entertain, where such entertainments, shows, amusements, games and exhibitions
are given for gain or for admission to which a fee is charged, such entertainments,
shows, amusements, games and exhibitions are defined to include:
A.
All entertainments of theatrical, dramatic or operative
character, all lectures, readings or recitations, exhibitions of paintings
or statuary or other exhibitions of art, all musical entertainments, consisting
of vocal and instrumental music.
B.
All circuses, carnivals, menageries or combined circuses
and menageries, all caravans, sideshows, concerts, minstrel or musical entertainments
given under a covering or canvas or within any structure or enclosure intended
for temporary use and capable of easy travel and removal, all swings and itinerary
shows, such as a lifting machine, blowing and striking machines, all other
exhibitions and devices, all merry-go-rounds, revolving wheels or other machines
or apparatus carrying passengers, slides and all similar amusements given,
operated or performed in any given place or places in the town.
C.
All poultry shows, stock shows, flower shows, dog shows,
cat shows and all other shows or exhibitions of like character, all automobile
shows or exhibitions of automobiles, locomobiles and horseless carriages or
like nature.
D.
Exhibitions of fireworks.
Entertainments within the Town of Niagara, County of Niagara, State
of New York hereinbefore referred to shall be given only after the issuance
by the Town Clerk of a license therefor, upon payment of a license fee per
day of performance as set forth from time to time by resolution of the Town
Board.
[Amended 10-10-1995 by L.L. No. 4-1995]
No entertainment, exhibition or performance specified and defined in
this chapter shall be conducted, produced or presented for gain or profit
other than from a duly licensed theater, opera house, hall, enclosure or place
without first procuring from the Town Clerk a license for that purpose, except
that no license fee shall be charged for amateur athletic games, and no license
is required if such entertainment, exhibition or performance is conducted
or produced by a business duly licensed by the Town of Niagara.
Every license issued under the provisions of this chapter shall at all
times, for the term for which it is issued, be posted in a conspicuous place
at or near the principal entrance of the premises described in such license
so that same may be easily seen and read by any person passing in and out
of such premises.
Every license granted under the provisions of this chapter and all privileges
pertaining thereto shall at all times be subject to the ordinances of the
Town of Niagara in effect when such license shall be issued or which shall
be thereafter adopted so far as same shall be applicable thereto.
All license for entertainments where a license is required shall contain
a provision that no gaming, lottery or chance, gift, distribution of money
or articles of change shall be connected therewith or allowed by the persons
operating such place, or in anywise permitted or held out as an inducement
to visitors; such license shall also state the number of persons such licensed
theater, hall, building or place has accommodation for, and no more than that
number shall be allowed to occupy such theater, hall, building or place at
any one time.
Before any license shall be issued to any person, firm, association
or corporation to give, operate or conduct in any building, hall or enclosure
or on or in any other place any amusement or entertainment of the types heretofore
enumerated, the applicant for such license shall present to the Town Clerk
the written consent, signed by the owner(s) of the property where the event
is to occur.
All licenses herein provided for shall be procured from the Town Clerk,
and any such license may be revoked by the Town Board upon complaint after
first holding a hearing. All licenses issued under this chapter shall expire
on the last day of the performance indicated on the permit application. Each
applicant shall, prior to the issuance of any license under this chapter,
file with the Town Clerk a signed written application therefor, giving such
information as required by this chapter.
No carousel or merry-go-round or similar device shall be operated with
music accompaniment from 10:00 p.m. to 9:00 a.m.; no machine having sound-producing
medium or shooting gallery shall be operated at any time unless the noise
therefrom shall be so muffled that the same shall not be carried a distance
of more than 500 feet away. Loudspeakers, announcing devices, horns or other
noise-producing devices shall be operated at all times in such a manner so
as not to disturb the occupants of the premises in the vicinity of the device
and shall be so toned down, muffled or subdued so that the sound therefrom
shall not carry more than 500 feet outside of the buildings or grounds on
which the device is operated.
It shall be unlawful to operate a loudspeaker, announcing device or
horn for the purpose of advertising merchandise for sale or attracting patrons
to a store or place of business by causing or permitting the sound therefrom
to be transmitted outside of said store or place of business into the public
streets of the town.
All carnivals, carousels, shows, exhibitions, entertainments, and pool
and billiard rooms licensed pursuant to this chapter shall be closed during
the period from 12:00 midnight until 9:00 a.m.
The provisions of this chapter shall not apply to or include picnics,
bazaars, fairs and kindred amusements wherein the profit ensuing
therefrom shall be for the benefit of charity, a religious, social or benevolent
society or for public benefit, churches, organizations of churches, organized
fire departments or United States veterans of any and all former wars, including
auxiliaries of such organizations.
Every violation by any person, firm, association or corporation of any
of the provisions of this chapter shall be deemed to be an offense against
this chapter. Upon conviction therefor, such person, firm, association or
corporation shall be subject to a fine of not more than $250 or imprisonment
for not more than 15 days or both such fine and imprisonment. Every day or
part thereof that such violation shall continue shall be deemed to be a separate
and distinct violation of the provisions of this chapter.
