[HISTORY: Adopted by the Town Board of the
Town of Fallsburg as Ch. 14 of the 1971 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Mass gatherings — See Ch. 191.
The purpose of this chapter is to provide for
the regulation and licensing of entertainment, including but not limited
to carnivals, side shows, menageries, circuses, caravans and/or a
combination of all or any of them and all types of rides, whether
the same be stationary or mounted on trucks, trailers or other movable
platforms.
A.
All circuses, menageries or combined circuses and
menageries, all carnivals, side shows, concerts, minstrel or musical
entertainment, vaudeville, legitimate theater given under a covering
of canvas or within any structure or enclosure in the open, shall
belong to and be known as entertainments of the first class.
B.
All merry-go-rounds, revolving wheels, slides or other
machines or apparatus carrying passengers, operated in permanent stations
or mounted on trucks, vehicles or other conveyances shall belong to
and be known as entertainments of the second class.
C.
All machines or apparatus carrying passengers such
as motor scooters, motorcycles, automobile or other motor-driven vehicles
or devices operated as a business and/or for profit in the nature
of an amusement attraction, shall be known as entertainments of the
third class.
D.
All shooting galleries, lifting machines, blowing
and/or striking machines, except coin-operated machines, shall be
known as entertainments of the fourth class.
No entertainment, exhibition or performance
mentioned or included in any of the four classes 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 open area without first procuring from the Town Clerk
a license for that purpose as hereinafter provided.
A.
Entertainments within the Town, hereinbefore referred
to, shall be given only after the issuance by the Town Clerk with
the approval of the Town Board, of a license therefor upon payment
such fees as shall be set from time to time by resolution of the Town
Board, applicable to the respective classes (first, second, third
or fourth).[1]
B.
Where any entertainment, show, performance, amusement
or enterprise embraces two or more of the classes above enumerated,
such entertainment, show, performance, amusement or enterprise shall
be classified and charged for as belonging wholly to that class for
which the highest fee may be charged.
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, or if used for a vehicle,
in a place where the same may be easily examined by any person passing
in and out of such premises or using the ride mounted on said vehicle.
Every license issued under the provisions of
this chapter and all privileges pertaining thereto shall, at all times
be subject to the provisions of this chapter and other provisions
of this Code and such other changes or amendments that may be hereafter
adopted.
All licenses for entertainments, where a license
is required, shall contain a provision that no game, lottery or chance,
gift distribution of money or articles of chance shall be connected
therewith or allowed by the person operating such place, or in anywise
permitted or held out as an inducement to visitors.
All such licenses shall also state the number
of persons such licensed theater, hall, building or open area has
accommodations for and no more than that number shall be allowed to
occupy such theater, hall, building or open area at any one time.
Upon proof satisfactory to the Town Board that
the net proceeds of any one or more of the amusements set forth herein
will be used exclusively for the benefit of a charity, a religious
or benevolent society, public or private school, churches, organizations
of churches, organized fire departments or any U.S. veterans organizations
of any and all wars, including auxiliaries of such organizations,
the Town Board shall exempt such organization from payment of the
fee or fees hereinabove provided.
In connection with the granting of any license
for any amusement set forth herein, the Town Board may provide such
regulations and/or conditions precedent to the granting of the license
for the safety and protection of the general public as it, in its
wisdom, may set up and change from time to time.
Hotels, boardinghouses, bungalow colonies and
rooming houses are expressly excluded from the provisions of this
chapter requiring the obtaining of a license for concerts, minstrel
or musical entertainment, vaudeville and legitimate theater.
A.
Any violation by any person of any of the provisions
of this chapter shall be and hereby is declared to be an offense,
and upon conviction therefor, such person, firm, association or corporation
shall be subject to a fine of not to exceed $100 and/or imprisonment
in the Sullivan County Jail of a term not to exceed six months, or
both.
B.
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.
