[HISTORY: Adopted by the City Council of the City of Gardner
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
