No license shall be granted to conduct public entertainment until a
written application is filed with the Town Clerk, signed by the person proposing
to conduct such public entertainment, which application shall be accompanied
by the affidavit of the applicant setting forth:
A.
The precise nature of the public entertainment.
B.
That the same is free from lewd or obscene features and
that no gambling or other violation of law shall be practiced and that the
actors or other persons connected therewith do not and shall not engage in
immoral pursuits.
C.
Whether or not the applicant has ever been convicted
of a misdemeanor or felony.
D.
Such other information as the Town Clerk shall deem necessary
or appropriate.
Upon the filing of such application and affidavit and the payment by
the applicant of the license fee herein fixed, the Town Clerk shall investigate
or cause to be investigated the nature of the public entertainment and the
matters of concessions, games and practices connected therewith. If the Town
Clerk shall find that the application and affidavit and investigation merit
the issuance of a license, the same shall be issued by the Town Clerk. If,
however, the Town Clerk shall refuse to issue a license, the applicant may
apply to the Town Board therefor in accordance with Town Law § 137.
If the Town Board shall decide to grant such license, it shall do so in writing.
The license to be issued pursuant to this section shall set forth the receipt
of said fee, the place at which said public entertainment shall be conducted
and the length of time for which it shall be conducted within the Town and
at said location and shall further contain an express provision that the police
authorities of the Town shall have free access to such public entertainment.
In case a license is refused, the license fee shall be returned to the applicant.
The Town Board shall have the right to revoke any license granted hereunder
in accordance with Town Law § 137.
The license fee for any license issued pursuant to this article shall
be $25 for each day that the public entertainment is to be conducted in the
Town.
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. The continuation of an offense against the provisions of this
chapter shall constitute, for each day the offense is continued, a separate
and distinct offense.
