[HISTORY: Adopted by the Town Council of
the Town of Westerly 5-12-2003 by Ch. No. 1443. Amendments noted where applicable.]
The purpose of this chapter is to protect the
public health, safety and general welfare through the regulation of
special one-time events presented in the Town.
A.
SPECIAL ONE-TIME EVENT
STREET VENDOR
As used
in this chapter, the following terms shall have the meanings indicated:
[Amended 5-19-2014 by
Ch. No. 1820]
Any indoor or outdoor gathering to which members of the public are invited or admitted for a charge or free of charge and for which neither an indoor nor an outdoor public entertainment license has been issued pursuant to Chapter 115, Entertainment. The term "special one-time event" shall also include but is not limited to any live or prerecorded music, theatrical performance, movie, dance, ball, concert, carnival, circus, professional sporting event, show, exhibition, parade or fund-raiser.
Any person selling or offering for sale any goods, wares
or merchandise, including any food or beverage, from a vehicle, cart
or any other conveyance at a location approved by the Chief of Police
or his designee during a special one-time event.
[Amended 2-8-2010 by Ch.
No. 1704]
A.
No person or organization shall conduct or operate a special one-time event without first obtaining a special one-time event license in accordance with § 158-2.
B.
The licensing
authority may place any conditions or restrictions it deems proper
and reasonable on the issuance of a special one-time event license.
This may include the limitation of the hours of operation or the conduct
of the licensed activity.
[Amended 9-13-2004 by Ch. No. 1506; 2-8-2010 by Ch. No. 1704]
A.
Any person or organization applying for such a license
shall file an application on a form provided by the Town Clerk and
approved by the licensing authority.
B.
The application shall set forth the following information
and such other information as may be reasonably required:
(1)
The true name, date of birth, residence, mailing address
and telephone number of the person making the application (where the
person making the application is a partnership, corporation or other
association, this information shall be required for all partners,
officers, directors or members) and any alias or fictitious name under
which the activity may be conducted.
[Amended 5-16-2011 by Ch. No. 1746]
(2)
The date or dates and hours during which the proposed
event is to be conducted.
(3)
The nature and types of activities that will occur.
(4)
The approximate number of spectators and participants
reasonably expected to be present and participate in the event.
(5)
The exact location of the event and the exact size
and dimensions of area to be used.
C.
For those
events being conducted on public roads or on Town property, with the
exception of those events sponsored in whole by the Town of Westerly,
proof of insurance naming the Town of Westerly as additional insured
shall accompany the application.
[Amended 5-16-2011 by Ch. No. 1746]
D.
The applicant
or a representative may be required, at the discretion of the licensing
authority, to be present at the hearing at which the application will
be considered.
[Added 5-19-2014 by Ch.
No. 1820[1]]
A.
For those
events that include the sale of goods or services at retail, the licensee
shall provide the Town Clerk with a list of the general type and nature
of the goods and services. The licensee shall also provide a list
of all street vendors permitted to operate during the event, which
shall include business name, owner name, date of birth, address and
items to be sold. Each street vendor may operate only within the described
special event area and only at the permission of the sponsoring applicant.
Said vendor will not need any other special license. Those vendors
selling prepared food are required to submit a certificate of inspection
by the Department of Health.
B.
Those street
vendors who have been permitted to sell their wares at a special one-time
event may operate only during the hours of operation of the event.
C.
Persons
or organizations sponsoring an event must contact the Chief of Police
or his designee at least 14 days prior to each event at which said
vendors intend on selling their wares in order to be advised of permitted
vending areas.
D.
Street
vendors may remain stationary on private property during the special
one-time event with written permission from the property owner.
E.
Street
vendors may remain stationary on public property, sidewalks or streets
with permission of the Chief of Police or his designee.
F.
Hawking
or shouting is prohibited; however, street vendors may make reasonable
announcement of the merchandise which they have for sale, but loud,
unnecessary outcries likely to disturb or annoy persons in the vicinity
shall not be made at any place or time.
G.
The Chief
of Police shall not permit the sale of any explosive devices such
as bag bombs, or other explosive products designed to be thrown against
a hard surface and explode, upon any street in the Town.
H.
No street
vendor will be allowed to sell or offer for sale any article, goods
or service within a fifty-foot radius of any police or firefighter's
memorial, or monuments constructed or erected to memorialize those
who dedicated or lost their lives during wartime or armed conflicts,
or within a crosswalk.
[Amended 9-13-2004 by Ch. No. 1506; 2-8-2010 by Ch. No. 1704]
A.
It shall be the duty of the person or organization
seeking a carnival or circus license to inform, by regular mail, at
least seven days prior to the hearing on the application, property
owners within 200 feet of the proposed event to be conducted, the
location of the event, the dates and times during which the proposed
event is to be conducted, and the nature, types, and layout of activities
that will occur.
B.
If the activity sought to be licensed under this chapter
involves the engaging of independent vendors or contractors, it shall
be the duty of the person or organization seeking a license under
this chapter to inform each independent vendor or contractor of applicable
state and local requirements.
[Amended 2-8-2010 by Ch.
No. 1704]
A.
The Director of Public Safety may restrict the number
of persons allowed in the event area as the Director deems necessary
for the protection of the public health, welfare and safety.
B.
In granting a license under this chapter, the licensing
authority may make such restrictions as it deems necessary for the
protection of public health, welfare and safety, for the prevention
of nuisances, excess noise and maintenance of public peace.
C.
If the
event being licensed is to be held in a place of business that has
a license to serve alcoholic beverages, the licensee shall not permit
the event to continue beyond the authorized closing time.
[Amended 5-19-2014 by
Ch. No. 1820]
The Chief of Police shall determine whether
and to what extent additional police protection reasonably will be
required for the event for purposes of traffic, crowd control and
security. In making this determination, the Chief of Police shall
consider those factors set out in the application for permit. If additional
police protection for the event is deemed necessary by the Chief of
Police, he/she shall so inform the applicant for the permit. The Chief
of Police shall provide the number of police officers determined to
be necessary. All police officers so assigned or provided shall be
at the sole expense of the applicant, and such expense shall be prepaid
by the applicant before a permit or license may be issued.
[Amended 9-13-2004 by Ch. No. 1506; 2-8-2010 by Ch. No. 1704]
B.
The Licensing Authority may waive the license fee
for any event sponsored or funded, in whole or in part, by the Town
of Westerly or by any entity qualifying for tax-exempt status under
Section 501(c)(3) of the Internal Revenue Code or for events that
are free to the public.
Any such license approved by the licensing authority
may be valid for one day or for any period of time not exceeding 14
days.
[Amended 2-8-2010 by Ch.
No. 1704[1]]
Every application for a license hereunder shall be subject to approval of proper authorities as specified in § 158-3.
[Amended 2-8-2010 by Ch.
No. 1704; 5-19-2014 by Ch. No. 1820]
