City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Gardner as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 306.
Arcades — See Ch. 318.
Fireworks — See Ch. 400.
Parades and public speaking — See Ch. 508.
Peace and good order — See Ch. 525.
[Adopted 12-17-1984 by Ord. No. 853]
The Mayor may, except as provided in MGL c. 149, § 105, grant and set the fee for, upon such terms and conditions as are described hereinafter, a license for theatrical exhibitions, public shows, motion pictures, public amusements and exhibitions of every description to which admission is obtained upon payment of money or upon the delivery of any valuable thing or in which, after free admission, amusement is furnished upon a deposit of money in a coin-controlled apparatus, but in no event shall any such fee be greater than $100.
The application for such a license shall be in writing and shall fully and specifically describe the conditions of the proposed exhibition, show, or amusement and the premises upon which the proposed exhibition, show, or amusement is to take place, to the extent that such conditions or premises would affect the public safety, health or order. Upon written request of the Mayor, the applicant shall, in addition, furnish reasonable information concerning the conditions of the premises and actions to be taken in order to prevent danger to the public safety, health, or order. Within 30 days following receipt of such application, the Mayor shall grant a license or shall order a hearing preceded by at least 10 days' written notice to the applicant. Within 45 days next following the close of such hearing, the Mayor shall grant such license or shall deny such license upon a finding that issuance of such a license would lead to the creation of a nuisance or would endanger the public health, safety or order by:
A. 
Unreasonably increasing pedestrian traffic in the area in which the premises is located;
B. 
Increasing the incidence of disruptive conduct in the area in which the premises is located; or
C. 
Unreasonably increasing the level of noise in the area in which the premises is located.
Notice of such a denial shall be delivered to the applicant in writing and shall be accompanied by a statement of the reasons therefor. No application shall be denied if the anticipated harm is not significant or if the likelihood of its occurrence is remote. The Mayor may impose conditions upon a license, but said conditions may only relate to compliance with applicable laws, this article or other ordinances, or to public safety, health or order, or to steps required to be taken to guard against creation of a nuisance or to ensure adequate safety and security for patrons or the affected public.
No applicant having been denied a license as aforesaid shall submit the same or a similar application within one year of said denial without including in said new application facts showing that the circumstances upon which the original denial was based have substantially changed.
The Mayor may revoke or suspend a license granted pursuant to the provisions of this article upon finding, after a hearing preceded by 10 days' written notice to the licensee, that conditions exist which would have justified denial of the original application for such license, provided that the Mayor may petition the Superior Court Department of the Trial Court to enjoin any violation of this article.
No license shall issue, however, for a traveling carnival, circus or other such traveling amusement which does not have its principal place of business within the commonwealth, unless the licensee certifies that he has provided by insurance for the payment of compensation and the furnishing of other benefits under MGL c. 152 to all persons to be employed by said licensee and that such insurance shall continue in full force and effect during the term of the license, and the licensee further certifies that he has obtained a policy of public liability insurance in the amount of at least $25,000 to pay any claims or judgments rendered against the licensee in favor of patrons or others to recover damages resulting from the negligence of the licensee.
[Amended 9-5-1995 by Ord. No. 1195]
In addition to any other terms or conditions which may be set by the Mayor as hereinbefore set forth, all licenses granted for the showing of motion pictures, indoor or outdoor, shall contain the following provision: "No motion picture shall end after 2:30 a.m. or begin before 8:00 a.m. of any day." The Chief of Police or his/her designee may require, if conditions of public safety warrant, the operator of motion pictures to hire a police officer(s) at a private detail rate. Whoever violates the provisions of this section shall be punished by a fine of $300 for each such violation and may be subject to license revocation or suspension as provided by § 582-5 hereof.
[Adopted 4-7-2003 by Ord. No. 1382]
Pyrotechnic displays or theatrical special effects, as defined in Title 527 of the Code of Massachusetts Regulations, Chapter 2.00, shall be prohibited before an indoor or proximate audience within the City of Gardner.
[Added 11-18-2013 by Ord. No. 1563]
Whoever violates the provisions of this article shall be punished by a fine of $300 for each such violation.