No theatrical or operatic performances or motion picture show or exhibit shall be given within the Town of Dover, except in a theater or opera house duly licensed for that purpose, as a place of amusement, by the Mayor and Board of Aldermen of the Town of Dover; provided that no theatrical or operatic performances, motion picture show or exhibit shall be given on Sunday prior to 2:00 p.m.; excepting, however, that this Article shall not apply to performances or exhibitions given by civic, scholastic, religious and charitable organizations or organizations operating not for pecuniary benefit.
A. 
No license shall be granted or issued for any theater or opera house for the giving of any theatrical performance or other exhibition therein under this Article for or in any building within the Town of Dover unless such building shall be fitted with a good, safe and commodious stage, scenery and dressing rooms of sufficient number to accommodate an ordinary theatrical company and all necessary appliances sufficient for the giving or production of first class performances and attractions in said building. Said building shall be so constructed that the auditorium shall be on the ground floor thereof and shall be wired for electricity and piped for gas in such manner as to be approved by the Board of Fire Underwriters; plumbed in a sanitary manner and provided with ample water connections with the town public water service system; and fire hose of such size and length connected with such water supply and system as at all times to ensure ample means for extinguishing fire at all parts of said building; and shall also be provided with such other safety appliances for extinguishing fire in said building as shall be necessary to ensure the safety of all persons who may be therein.
B. 
Such building shall be built of brick, stone or other incombustible material. It shall be absolutely disconnected with any other building or structure on both sides and in the rear by an open space of at least 10 feet in width and which space at all times shall be kept free from all obstructions other than stairs on the outside of said buildings only so to be licensed.
C. 
Said building shall be provided with not fewer than two exits on each side of the main or ground floor opening outward, of such size as may be approved by the Mayor and Board of Aldermen, and at a height to the bottom of such exit from the ground of not more than seven feet, opening on and connected with said areaway by suitable steps, and shall also be provided with such other exits opening on and connected with said areaways suitable stairs on the outside of said building as shall ensure the speedy and safe exit of any audience from said building in case of fire. Such building shall be built with a fire wall of brick or other incombustible material between the stage and auditorium, the stage or proscenium opening therein to be fitted with a perfectly adjusting and operating asbestos fire curtain of such size and make as to completely close such opening in such fire wall in case of fire.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
The Mayor of the Town of Dover is hereby authorized, in his discretion, to grant licenses to the owner or owners, lessee or lessees of any established theater or opera house within the Town of Dover and for the giving of theatrical performances and other exhibitions therein provided, the building or buildings in which performances and other exhibitions under such license are to be given or exhibited, is or are built, fitted, equipped and maintained in all things as set forth and required by § 357-13 of this chapter.
The license fee for any theater, opera house or motion picture house or establishment shall be a yearly fee of $100 for a seating capacity of 250 or less, and a further sum of $30 for each additional 250 seats or fraction thereof.
All licenses granted or issued under the provisions of this Article shall expire on the first day of June next ensuing the date and issuing thereof.
Nothing in this Article contained shall apply to or be construed to prohibit any show, concert, exhibition or performance given wholly in the interests of and exclusively for the benefit of any church, benevolent object, fire company or military company of the Town of Dover.