[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 3-14-1974
as Art. IV of Ch. 4 of the Code of Ordinances. Sections 94-1, 94-6 and 94-8
amended and §§ 94-2 and 94-9 added at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
It shall be unlawful for any person to give any exhibition or performance
for money or to maintain any place of public amusement in the village, as
designated below, until such person shall have obtained a license therefor
and shall have paid to the village the fee of $300:
A.
For every circus performance.
B.
For conducting in any tent, building or other place temporarily
used for the exhibition of natural or artificial curiosities, freaks or attractions.
D.
Any person maintaining a building solely for theatrical
performances or other public exhibitions.
E.
Any person desiring to carry on any place wholly devoted
to the purpose of a museum, menagerie or exhibition of natural or artificial
curiosities and theatrical representations.
F.
For conducting or operating a carnival.
G.
For fortune-tellers and the like.
H.
For bowling alleys and shooting galleries.
I.
For merry-go-rounds, riding galleries and other amusements
not otherwise provided for for which an admission is charged.
No not-for-profit corporation, as defined in General Construction Law
§ 66 and no organized religious corporation or religious agency,
educational or public institution, scouting, benevolent, fraternal, patriotic
or charitable organization shall be subject to any fee otherwise required
by the provisions of this chapter.
The annual licenses provided for by § 94-1D, E, G and H shall expire on the January 1 subsequent to their granting, and such license fees shall be payable in advance on January 1 of each year or upon the date of the application therefor for the balance of the year up to the next January 1 and shall not be prorated.
No building or place shall be licensed for any public exhibition or
performance of any character until it shall have been inspected by the Chief
of Police of the village or other designated official with reference to its
means of exit and to its safety as a gathering place for an audience and until
the Chief of Police or other designated official shall have filed a written
report with the Village Clerk recommending the building or place as a safe
place for a public gathering with safe and sufficient means of exit, nor until
such building or place shall have been inspected by the Chief of the Fire
Department of the village as to its freedom from danger from fire and as to
its equipment of means for the extinguishment of fire and until the Chief
of the Fire Department shall have filed with the Village Clerk a written report
recommending such building or place as a safe place for a public gathering
by reasons of its freedom from danger from fire and its protection against
fire.
Every license required by this chapter shall be issued and signed by
the Mayor and shall specify the fee to be paid therefor, the name of the licensee
and the date of its expiration and shall be countersigned by the Village Clerk,
who shall keep a record thereof and of the amount of the fee to be paid therefor.
Upon presentation of such license, so signed and countersigned, to the Treasurer
of the village and upon the payment to the Treasurer of such fee, the Treasurer
shall endorse thereon his receipt for the license fee, and such license shall
not take effect until the receipt of the Treasurer shall have been endorsed
thereon.
All buildings and places licensed for public exhibitions shall be at
all times subject to the inspection and regulation both of the Chief of Police,
the Chief of the Fire Department, the Building Inspector or other designated
official with reference to their safety, their proper means of exit, their
freedom from danger from fire and their protection against fire, and all licenses
shall be granted only upon the understanding that they shall at once be revoked
upon the filing with the Village Manager of the report of either the Chief
of Police or the Chief of the Fire Department, the Building Inspector or other
designated official that the licensed building or place is, for any reason
therein stated, unsafe for a public gathering.
A.
Licenses for conducting or operating a carnival shall
not be granted for a period in excess of six consecutive days.
B.
Licenses for carnivals shall be so issued that a period
of at least 14 days must elapse between the conclusion of one carnival and
the commencement of another.
C.
No person may obtain a license to conduct or operate
more than one carnival in any thirty-day period.
D.
The license shall specify the hours of operation.
A.
All carnival equipment shall be subject to inspection
by the Village Engineer. The owner of the carnival shall furnish the village
with evidence of adequate liability insurance.
B.
Chemical toilet facilities.
(1)
Adequate chemical toilet facilities, approved by the
Village Board of Trustees, must be provided by the carnival.
(2)
House trailers used by carnivals and its concessionaire
must be equipped with a chemical toilet.
(3)
The contents of all chemical toilets must be disposed
of in a manner approved by the Village Engineer.
(4)
The Village Board of Trustees shall cause to be inspected
all chemical toilet installations to see that they comply with the Public
Health Law and Sanitary Code. The violation of any of the above provisions
shall be cause for the immediate revocation of a carnival license by the Village
Board of Trustees.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
