No person shall use, allow, let or permit to
be used property for the assembly of persons in excess of 5,000 unless
a written permit authorizing such use shall have been obtained from
the Town Board.
Application for such permit shall be by verified
petition addressed to the Town Board and shall be filed personally
with the office of the Town Clerk at least 21 days prior to the date
upon which the commencement of such assembly is contemplated, unless
otherwise waived by the Town Board.
Such application shall include the following
written material:
A.
A statement of the name, age and residence address
of the applicant; if applicant is a corporation, the name of the corporation,
the names and addresses of directors, officers and stockholders owning
5% or more of the number of shares outstanding of each class of stock;
if the applicant does not reside in the County of Sullivan, the name
and address of an agent who shall be a natural person and shall reside
or have a place of business in the County of Sullivan and who shall
be authorized to and shall agree by verified statement to accept notices
or summonses issued with respect to violations of any law, ordinances,
rules or regulations.
B.
A statement containing the name and address of the
record owner of the subject property or properties and the nature
and interest of the applicant therein; the proposed dates and hours
of such assembly; the expected maximum number of persons intended
to use the property at one time and collectively; the expected number
of automobiles and other vehicles intended to use the property at
one time and collectively; and the purpose of the function, including
the nature of the activities to be carried on and the admission fee
to be charged, if any.
C.
A map showing the size of the property; the zoning
district in which it is located; the streets or highways abutting
said property; the size and location of any existing building, buildings,
or structures or of any proposed building, buildings, or structures
to be erected for the purpose of the assembly.
D.
A plan or drawing showing the method to be used for
the disposal of sanitary sewage.
E.
A plan or drawing showing the method to be used for
the supply, storage and distribution of water.
F.
A plan or drawing showing the layout of any parking
area for automobiles and other vehicles and the means of ingress and
egress to such parking area. Such parking area shall provide one parking
space for every four persons in attendance.
G.
A statement specifying the method of disposing of
any garbage, trash, rubbish or other refuse arising therefrom.
H.
If a person other than the person applying for the
permit will be engaged in the sale and distribution of food and beverage,
the name and address of such person shall be submitted.
I.
A statement specifying whether any private security
guards or police will be engaged, and, if so, the number thereof,
and the duties to be performed by such persons.
J.
A statement specifying the precautions to be utilized
for fire protection, and a map specifying the location of fire lanes
and water supply for fire control.
K.
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate
medical or nursing attention.
L.
A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan showing the intended
number and location of the same.
M.
A statement that no soot, cinders, smoke, noxious
acids, fumes, gases or unusual odors shall be permitted to unreasonably
emanate beyond the property line of the assembly.
A.
No permit shall be issued unless the permittee shall
furnish the Town with written authorization to permit the Town or
its lawful agents to go upon the subject property for the purpose
of inspecting the same, providing adequate police and fire protection
and protecting persons and property from danger.
B.
No permit 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 $500,000/$1,000,000 for bodily injury
or death and limits of not less than $100,000 for property damage,
which said policy shall name the Town as an additional insured, and
shall be noncancelable without prior written notice to the Town.
C.
As a condition of the granting of the permit, the
Town Board may require the permittee to reimburse the Town of Fallsburg
for such police protection as may be deemed necessary by the Town
Board to adequately and safely control and protect the assembly, the
assembly area, and traffic in and about the area of the assembly.
However, the permittee shall not be required to reimburse the Town
of Fallsburg in excess of the actual salaries paid by the Town for
such police protection, and in no event for more than five police
officers for the first 5,000 persons of the assembly, nor for more
than one police officer for each additional 2,500 persons of the assembly.
D.
The Town may issue a permit upon such other conditions
as the Town may reasonably impose to insure compliance with this chapter,
and for the general protection of the health, safety and welfare of
the persons and property in the Town.
A.
The Town may deny the issuance of a permit if it shall find that any of the items as set forth in § 191-6 of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property. The denial shall be in writing and shall set forth the reason therefor. In no event shall the Town withhold its written approval or denial of a permit for a period in excess of 10 days after a full submission to it by an applicant, except by an extension in writing given by the applicant.
B.
If a permit is granted by the Town, such permit shall
set forth the maximum number of persons to be permitted to attend
the event. The Town, in determining such maximum limit, shall take
into consideration the capacity of the site, the facilities to be
available, and the availability of public highway, and other means
of transportation to and from the site. The applicant shall limit
all ticket sales to such maximum number and shall include such limitations
in all advertising.
C.
Each permit shall expire at the end of the calendar
year in which it is issued.
If after a permit is issued, the Town Board determines that any of the representations and/or statements contained in the application or any of the conditions of the permit have not been complied with, the Town Board may serve upon the permittee's agent for the service of process as appointed pursuant to Subsection A of § 191-6 hereof a two-day notice of hearing specifying the manner in which the permittee has not complied with the terms of its permit, and at which hearing the Town Board, for good cause, may modify or rescind such permit, absolutely or upon conditions.
The applicant shall pay to the Town a fee as
shall be set from time to time by resolution of the Town Board at
such time as he submits his application, which fee shall be returned
by the Town if such permit not be issued.
