[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
as Art. V, § 6, of the General Bylaws. Amendments noted
where applicable.]
GENERAL REFERENCES
Sign requirements — See Ch. 213.
In order to prevent danger to and/or adverse effects upon the
public health, safety, or order, the following licensing procedure
is hereby adopted to regulate the use of any premises upon or within
which any concert, dance, exhibition, cabaret, public show of any
description, theatrical exhibition, public amusement, exhibition of
every description, game, sport (unless specifically excluded), fair,
exposition, play, entertainment or public diversion is to be conducted.
For purposes of this bylaw, any of the foregoing events shall be included
hereafter in the term "public entertainment."
[Amended 1-30-2023 STM by Art. 1]
No public entertainment shall be conducted on any premises within
the Town of Foxborough for which the number of tickets available for
sale exceeds 15,000 unless a license for such public entertainment
has previously been issued therefor by the Select Board and in accordance
with the provision of this bylaw.
[Amended 1-30-2023 STM by Art. 1]
Application for such a license shall be on such form as approved
by the Select Board, and shall be accompanied by such security plans,
pedestrian and vehicular traffic plans, and other documentation as
said Board shall determine.
A.
Copies of any such application shall at the same time they are submitted
to the Board be mailed by the applicant, postage prepaid, or delivered
to:
B.
The foregoing public bodies or officials shall be requested to respond
in writing with their recommendations and comments pertaining to such
event to the Select Board within 21 days of receipt of said application.
[Amended 1-30-2023 STM by Art. 1
The Select Board shall, within 45 days following receipt of
such application, hold a public hearing on such application.
In addition to the notice requirements of MGL c. 140, § 183A; MGL c. 140, § 181, and/or MGL c. 136, §§ 4 and 14, the Board shall cause, upon the completion of time permitted in § 229-3 for response by those public bodies or officials referenced in § 229-3 above, at the applicant's expense, notice of such hearing to be published twice in a newspaper published within the Town of Foxborough, or if there be no such paper then in a newspaper published in Norfolk County with general circulation in the Town of Foxborough, the first such notice to be at least 14 days prior to said hearing and the second notice to be published at least seven days prior to such hearing; such notice shall state the time, date, and location of the hearing as well as the time, date, location, and the nature of the public entertainment for which the application has been submitted, together with such other information as the Board shall determine. Notice of such public entertainment shall also be posted at Town Hall at least seven days prior to any such hearing.
[Amended 1-30-2023 STM by Art. 1]
In considering applications made pursuant to this bylaw, the
Select Board shall consider only those issues regarding the public
safety, health and order, and the creation of a nuisance as are authorized
within the applicable provisions of MGL c. 140, § 181, MGL
c. 140, § 183A; and/or MGL c. 136, §§ 4 and
14.
Subject to the foregoing provisions of this bylaw, the grant
or denial of an application hereunder shall otherwise be in accordance
with the applicable provisions of MGL c. 140, § 181; MGL
c. 140, § 183A; and/or MGL c. 136, §§ 4 and
14.
No person or group shall offer for resale tickets for events
at Foxboro Stadium for a sum higher than its face value. Violations
of said regulation shall be deemed a breach of the peace.
[Added 5-12-2014 ATM by
Art. 25; amended 1-30-2023 STM by Art. 1]
A.
For each
concert performance, the Building Commissioner or his designee shall
determine the exact time the concert concludes. The Building Commissioner
or his designee shall identify himself to the management of the licensee
and advise the management of the time he or she considers applicable
to the performance. In the event that a performance continues past
the license time, the Building Commissioner or his designee shall
further determine in minutes by how much the concert has concluded
beyond the licensed time. Such information shall be submitted to the
licensing authority only for those concerts that have continued after
the specified licensed time. In the event of a violation of these
rules and regulations for a performance, which runs over the licensed
time period, the Select Board may assess fines against the licensee.
Such fines may be assessed only after providing the licensee with
an opportunity for a show-cause hearing preceded by written notice
mailed or delivered to the licensee not less than 10 days prior to
the hearing date.
B.
The authority
to assess fines hereunder shall not be construed to limit the authority
of the Select Board to modify, suspend, or revoke the license in accordance
with the provisions of this chapter and MGL c. 140, § 183A.
C.
The stadium
shall make available to the Select Board attendance figures/records
for each performance which continues past the required end time. Attendance
records must be forwarded to the Select Board within a reasonable
time not to exceed seven days after the notice from the Town. These
figures must be taken and certified as accurate directly from ticket
sales and shall include all ticket sales for the performance, including
complimentary and or promotional tickets.
