The following words shall have the meaning given in this section
unless the context clearly suggests otherwise. All words and terms
not defined herein shall be interpreted in accord with standard usage.
A written plan developed by the Chief of Police and the licensee which describes the measures that shall be taken by the licensee to abate any violations of the operational restrictions as detailed in § 75-3.
Any music, sound or other noise which utilizes electronic
equipment such as electronically powered microphones, speakers, or
bullhorns to increase the decibel level thereof.
An entertainment license application the form of which shall
be provided by the Chief of Police to all persons required to obtain
a license pursuant to this chapter.
A person who plays different sources of preexisting recorded
music for a live audience or via broadcasting.
Live or pre-recorded amplified musical performances, and/or
dancing to live or prerecorded amplified music or song, either by
patrons or by performer for the benefit of an audience of two or more
persons.
Any existing or proposed place of business located in the
Town, regardless of its classification for purposes of the Town's
Zoning Ordinances,[1] regardless of whether it is open to the public or is maintained as a private club and regardless of whether an admission, membership or other fee is charged in order to attend, which provides amplified entertainment, and any indoor recreation or amusement facility as defined in § 177-2 regardless of whether amplified entertainment is provided.
Documentation generated by the police or fire department
when public safety personnel report or are summoned or a complaint
is filed regarding any loud, disturbing, illegal or violent conduct
on the premises of an establishment.
The operator of the establishment and the liquor permittee
for the establishment designated by the State of Connecticut shall
all be required to be co- applicants for, and shall execute the application
for, an entertainment license. All licensees shall be bound equally
to comply with the requirements of this chapter and each licensee
shall be subject to the penalties established herein for each violation
thereof. In addition, the owner of the structure in which the establishment
is located shall be required to sign the application, acknowledging
that it is aware of the operations proposed by the applicant; and
those operations are permitted pursuant to the terms of the operator's
lease or any other agreement permitting the operator to use the establishment.
Sound played at a level such that a person speaking in a
normal tone of voice can be heard clearly over this sound by another
person standing 36 inches away.
One or more police officers assigned to an establishment
to maintain order, prevent crime, and enforce state statutes and regulations
and Town ordinances.
An incident or threat of incident that results in serious
physical injury or property damage or creates the risk thereof.
A.
Applicability; exemptions. This chapter shall apply to any indoor
recreation or amusement facility, and any place of business located
within the Town of West Hartford offering, on a regular or occasional
basis, entertainment which includes (1) live or pre-recorded amplified
musical performances, or (2) dancing to live or prerecorded amplified
music or song, except for the following exempt activities:
(1)
Religious services or performances at any church or other place of
worship;
(2)
Any place of business providing music systems operated at a low volume
which does not disrupt normal conversation and is not intended for
entertainment;
(3)
Any activity approved by the Town or otherwise permitted by law to
take place on public land;
(4)
Public and private school programs; studios for instruction in music
or dance;
(5)
Activities of organizations that are tax-exempt under § 501(c)(3)
of the Internal Revenue Code.
B.
Application requirements. An application shall be submitted to the
Chief of Police to provide entertainment in all establishments as
herein defined. Each licensee of an establishment shall be held responsible
for all violations of the requirements and restrictions specified
herein. Approval of the application shall be required prior to the
commencement of operation as an establishment providing entertainment,
as defined herein. An application shall include a completed application
form as provided by the Town. An application shall not be submitted
prior to receipt of all required land use approvals for the proposed
use.
C.
Application review.
(1)
The application shall be submitted to the Chief of Police, who shall
approve or deny the application within 30 days after submission. An
application shall be approved if:
(a)
It complies with all requirements set forth in this chapter
and in the application itself;
(c)
The applicant establishes compliance with any other applicable
statutes and/or ordinances such as, but not limited to, food service
licensing and/or liquor licensing laws;
(d)
The establishment is located within 500 feet of a municipal
parking facility or provides all required parking on-site.
(2)
If the Chief of Police denies the application, he shall state, in
writing, why the application does not comply with the requirements
of this chapter.
D.
Duration. A license shall be valid until there is a change in the
licensee, as herein defined, in which case a new application shall
be submitted and approved prior to the commencement of any applicable
activity after the change, or the license is revoked pursuant to the
provisions of this chapter. A license is not transferable.
E.
Existing establishments. Any establishment which is lawfully in existence
as of the effective date of this chapter shall be allowed to continue
providing entertainment provided that it files an application no later
than 30 days after the effective date of this chapter.
Any establishment which receives a license under this chapter
shall comply, as a condition of the license, with the requirements
of this chapter as well as all other federal, state and/or local laws.
The following requirements, which are intended to provide reasonable
assurances that the quiet, safety and cleanliness of the premises
and vicinity are maintained, shall be met at all times:
A.
Noise.
(1)
A licensee shall not make, cause to be made or otherwise allow any unreasonable noise to emanate from the establishment. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace or health of neighboring persons of ordinary sensibilities or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and public nuisance. The prohibitions of this section shall apply whether or not the noise exceeds the decibel levels set forth in Chapter 123 of the West Hartford Code of Ordinances.
(2)
Amplified music permitted with outdoor dining pursuant to an approved
special use permit shall not be considered unreasonable noise.
B.
Hours of operation.
(1)
Entertainment shall cease 1/2 hour prior to the closing of the establishment.
(2)
The licensee and employees of the premises may remain on the premises
after closing for the purpose of cleaning, maintenance, security,
food preparation, and closing the business but no amplified sound
shall be permitted during any such operations.
C.
Maintenance, design and security.
(1)
All licensees shall maintain efficient and affirmative supervision
over the conduct of their patrons within the licensed premises and/or
on those portions of any sidewalks immediately adjoining the licensed
premises. This obligation shall include maintaining free and clear
passage on public rights-of-way, on real property owned or leased
by the licensee within which the licensed premises are located and
in parking areas owned or leased by the licensee for use by patrons
of the licensed premises.
(2)
All licensees shall be responsible to keep all outdoor space on the
property within which the establishment is located, including parking
areas, decks, seating areas and all other lands owned or leased by
the licensee, and all public sidewalks abutting the property within
which the establishment is located clear of litter and cleaned daily
within eight hours after each closing.
(3)
Entertainment inside the building shall only be provided in location(s)
designated in the application and shall be located so as to minimize
noise or other nuisances affecting adjacent property.
(4)
All fights, disturbances, violence or any other violation of law
shall be reported to the police immediately by the licensee or employees
of the establishment.
(5)
All establishments which serve alcoholic beverages shall comply with
and be operated in accordance with all applicable federal, state and
Town statutes, regulations, and ordinances.
(6)
The establishment shall implement other conditions and/or management
practices necessary to ensure that management and/or patrons of the
establishment maintain the quiet, safety, and cleanliness of the premises
and the vicinity of the use.
(7)
The licensee shall take all reasonable measures to ensure that public
sidewalks and private ways adjacent to the premises are not blocked
by patrons or employees.
(8)
The licensee shall provide security whenever patrons gather outdoors.
This shall not be applicable where outdoor dining is occurring pursuant
to an approved special use permit.
(9)
Employees of the establishment shall be posted at all entrances and
exits to the establishment during the period from 10:00 p.m. until
all patrons have left the premises following closing. These employees
shall take reasonable steps to prevent patrons waiting to enter the
establishment and those exiting the establishment from disrupting
the quiet and cleanliness of the neighborhood as they leave the establishment.
D.
Abatement plan. Any establishment operating under an abatement plan
shall comply with the conditions of said plan at all times.
