Outdoor bazaars, carnivals, parades and festivals within the corporate limits of the Village of Sleepy Hollow, New York, are hereby prohibited, unless written permission for the same is granted by the Board of Trustees. No person or persons shall parade or go about or remain in or upon any of the streets of this Village, or on any place beating any drum or tambourine, or make noise with any instrument whatsoever, for any purpose whatever, without permission from the Board of Trustees. This section is intended to include the loud playing of automobile radios or unnecessary sounding of automobile horns.
The purpose of this article is to regulate, through the permit and inspection process, bazaars, carnivals, parades and festivals and affairs of like nature to be conducted in the Village of Sleepy Hollow on public streets, sidewalks, rights-of-way and/or other Village property, for the protection of the health, welfare and safety of the public in general.
A. 
No permit for a festival or other activity of a similar nature shall be considered or issued unless and until the sponsor desiring to conduct the affair shall have made and signed a written application to the Village Administrator for an operator's permit, in the form provided by the Village, and paid the proper fee therefor when required, not less than two weeks prior to the first day of operation of the proposed festival.
B. 
The issuance of the festival operator's permit shall be further conditioned upon the following:
(1) 
The sponsor's requesting and obtaining from the Mayor of the Village of Sleepy Hollow permission to close the street or streets necessary to conduct the festival.
(2) 
The sponsor's requesting and obtaining from the Board of Trustees of Sleepy Hollow permission to use property owned by the Village as well as sidewalks and other rights-of-way.
(3) 
The sponsor's and/or vendor's executing an indemnification agreement on behalf of the Village, substantially as follows:
"The sponsor and/or vendor hereby represent, stipulate, contract and agree that they do jointly and severally indemnify and hold harmless the Village of Sleepy Hollow against liability for any and all claims for damages to property or injury to or death of persons arising out of or resulting from the issuance of the permit or conduct of the public at and during the life of the festival."
(4) 
Approval by the Fire Department, upon a satisfactory examination of the premises, with respect to compliance with regulations as hereinafter set forth in the fire prevention section of this article.
(5) 
The sponsor's depositing with the Village Administrator at the time of the filing of the application, in cash or by certified check made payable to the Village of Sleepy Hollow, a deposit in an amount as set forth in the fee schedule included at the end of Chapter 200, Fees, to guarantee that upon the termination of the festival the general area where the affair has been conducted will be left in good condition, cleaned up and cleared of all paper, waste material and debris within two days from the termination of the festival. If the sponsor fails to meet this requirement, the Village, in its discretion, shall clean and restore the area to its prefestival condition, deducting the moneys spent thereon from the deposit aforementioned. No deposit will be required for nonprofit entities sponsoring a festival.
A. 
If the sponsor is determined to be a wholly nonprofit entity, a minimum licensing fee to be established and determined by the Board of Trustees and set forth in the fee schedule included at the end of Chapter 200, Fees, shall be charged. A fee to be established and determined by the Board of Trustees and set forth in the fee schedule shall be charged in all other instances for a festival operator's permit.
B. 
Except in those instances where the sponsor is a wholly nonprofit entity, the fee for a vendor's permit shall be established and determined by the Board of Trustees from time to time and set forth in the fee schedule included at the end of Chapter 200, Fees.
C. 
The preceding fees shall be payable in advance to the Village Administrator.
D. 
In addition thereto, vendors intending to operate food and beverage stands shall be required to obtain a permit, if required, from the County Health Department, County of Westchester, and pay any fee required by the health and sanitary laws of the State of New York and the County of Westchester.
A. 
All health and sanitary requirements, regulations and licensing shall be adhered to by the sponsors and/or vendors of the festival, as provided for in the sanitary codes of the Village of Sleepy Hollow, the County of Westchester and the State of New York, which are incorporated by reference herein as if fully set forth.
B. 
In addition thereto, the operator of a festival shall provide a sufficient number of temporary or permanent toilet facilities for the use of vendors and the use of the public, such number to be determined in the discretion of the Village Administrator.
A. 
The sponsor and/or vendors shall, with the consent of the Fire Department, be authorized to install, hook and connect to fire hydrants specially marked by the Fire Department a master hose or water-carrying device to supply water to booths and stands operating at the festival, subject to the following provisions:
(1) 
The Fire Department, in its sole discretion, shall determine which fire hydrants will be used as hereinabove stated.
(2) 
The sponsor and/or vendors shall maintain all fire hydrants within the perimeter of the festival free and clear of any obstruction, with the closest object located next to a fire hydrant at no less than two feet in any direction from its geometrical center.
(3) 
The sponsor and/or vendors shall meet and observe at all times the requirements of the Water Department of the Village of Sleepy Hollow.
B. 
The sponsor and/or vendors, while operating a booth or stand in which there is heating or cooking apparatus for the preparation of food, shall keep at all times, in a visible, easily accessible location within the booth or stand, a fully charged fire extinguisher of the kind classified as ABC.
C. 
All doors or gates on entrances to and exits from the premises where the festival shall be conducted shall be kept open and unobstructed during the hours of operation of the festival in order to facilitate the rapid ingress or egress of all persons attending in case of emergency.
D. 
It shall be the duty of the sponsor, before the permit shall be issued, to provide the Village Administrator and the Fire Department with a sketch depicting the following:
(1) 
Location of all fire hydrants within the perimeter of the festival.
(2) 
The physical layout of booths, stands, amusement rides and the lanes of traffic that shall hereinafter be set forth, showing the dimensions of said booths and stands and the location and size of the area which the amusement rides will occupy.
E. 
After the sponsor has assigned the individual booths and stands to the vendors and the areas used for amusement rides to the operators, it shall be the duty of said sponsor, by the end of the first day of the festival, to provide the Village Administrator with the list in which the names, addresses and locations of the vendors and operators of amusement rides shall be set forth.
F. 
It shall be the obligation and duty of the sponsor to maintain, during the duration of the festival, an unimpeded and unobstructed lane for emergency traffic, at least 10 feet in width, for the rapid ingress and egress of vehicles required for emergencies or other governmental purposes.
All electrical requirements, regulations and licensing shall be adhered to by the sponsors and/or vendors of the festival, as provided for in the Electrical and Building Codes of the Village of Sleepy Hollow which are hereby incorporated by reference as if fully set forth.
A. 
No alcoholic beverages shall be sold, served or consumed and no games of skill or chance shall be conducted during the operation of the festival unless and before the sponsor or the vendors obtain a proper and legal permit to dispense alcoholic beverages and/or conduct games of skill or chance from the State of New York, the County of Westchester, the Village or any other regulatory agency.
B. 
The sponsor and vendors receiving such licenses to dispense alcoholic beverages and/or conduct games of skill or chance shall be conclusively presumed to be cognizant of the provisions of the Alcoholic Beverage Control Law of New York, of state rules and regulations in regard thereto and all applicable federal, state and municipal laws, rules and regulations regarding the operation of games of skill and chance, all of which are incorporated herein by reference as if fully set forth.
The duration of a permit for a festival shall be for not more than five consecutive days, after which period it shall lapse.
The hours in which it shall be lawful to operate or permit the operation of a festival in the Village shall be between the hours of 11:00 a.m. and 11:00 p.m., Monday to Friday; 11:00 a.m. to 12:00 midnight on Saturdays; and 1:00 p.m. to 11:00 p.m. on Sundays.
A. 
If requested by the Village Administrator, it shall be the duty of the sponsor to furnish the Village, not later than 90 days from the last day of the operation of the festival, with a detailed financial statement submitted by the chief financial officer of the sponsor, certified as to its accuracy by a licensed accountant, in a form and manner satisfactory to the Village Attorney. This financial record, with a profit and loss statement in the form of an affidavit attached, shall include but not be limited to fees and sources thereof, rental derived, donations received by the sponsor and other pertinent data.
B. 
Failure to provide this data upon request, to wit, the financial statement in the manner set forth, shall preclude the sponsor from applying for and receiving a festival permit for future operations until such requirement has been met and be subject to such other penalty or fines as set forth herein.
A. 
The operator's permit or any vendor's permit may be revoked by the Village Administrator at any time during the life of such permit for any violation by the operator or an individual vendor of any provision of this article or any violation of the Code of the Village or any other applicable state or federal law, in addition to the penalties set forth in the general penalties section of this chapter.
B. 
Anything to the contrary in this section notwithstanding, in the cases of revocation of food and beverage vendors' permits, such revocation shall be at the discretion of the appropriate health or regulatory authority.
A. 
Before any permit shall be granted, the sponsor shall provide and deposit with the Village Administrator a public liability insurance policy in an amount to be determined by the Board of Trustees of the Village of Sleepy Hollow, but in no event to exceed the amount of $1,000,000, single limit, naming the sponsor and the Village of Sleepy Hollow as coinsured.
B. 
In addition thereto, the sponsor shall hold the Village harmless from any and all claims or judgments recovered against him or the Village in any court of competent jurisdiction in excess of the amount of insurance required by the Village, or if the maximum is required, for all claims in excess of said one-million-dollar single-limit liability insurance policy.