[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-10-1970]
A.
No person, firm or corporation shall conduct any circus
or menagerie, carousel, merry-go-round, children's ride, adult ride,
circus, carnival, tent show, music festival, exhibition or performance,
nor any shooting gallery or open-air exhibition or performance of
any kind whatsoever within the corporate limits of the Village of
Southampton without first applying to the Board of Trustees for a
license to conduct such activity, by filing a written application
with the Village Clerk at least 14 days prior to the earliest date
for which the license is to be effective, and without first having
received such license from the Board of Trustees, a filing fee of
$25 to be paid to the Village Clerk when the application is filed.
B.
The provisions of this article shall not be deemed
to require a license for the following:
[Added 8-10-1990 by L.L. No. 11-1990]
(1)
A music festival, exhibition or performance, under
Village auspices, conducted in a park, recreational facility or other
property owned or operated by the Village of Southampton pursuant
to authorization issued by the Board of Trustees of the Village of
Southampton.
(2)
Any music festival, arts exhibition or other similar
performance conducted by or sponsored by any bona fide not-for-profit
tax-exempt club, society or association organized or incorporated
for benevolent, charitable, educational, dramatic or literary purposes,
having an established membership and which holds meetings other than
such festivals, exhibitions or performances at regular intervals,
when the proceeds, if any, arising from such activities are used solely
for the aforesaid purposes of such club, society or association.
Such application shall be made in writing and
shall have annexed thereto a map or diagram indicating with reference
to streets the proposed location where such exhibition or performance
is to be held, together with the proposed boundaries of the grounds
to be occupied and employed by such performance or exhibition.
The Village Clerk shall examine said application
and map or diagram and shall determine, with the assistance of the
Village Highway Commissioner, whether said application complies with
the requirements for the issuance of a license as herein set forth.
A.
No license shall be issued for any show, performance
or exhibition as aforesaid if the Village Clerk shall find that six
or more dwelling houses are located within a circle defined by using
a radius of 1/2 mile, taking as a center point the center point of
the showgrounds or exhibition grounds as indicated upon said map or
diagram. Said center point shall be determined by using the center
point of the smallest circle which will entirely encompass all parts
and portions of such showgrounds or exhibition grounds as indicated
on said map or diagram.
B.
A license shall be issued only if the proposed activity
is sponsored by and is under the auspices of some local charitable,
fraternal, civic or religious organization as shall have been approved
by the Board of Trustees, such approval being granted primarily on
the basis of the aims and objectives of such organization and the
assurance that its funds may not be diverted to the benefit of private
individuals; such assurance shall be presumed as to those organizations
which have been approved by the United States Internal Revenue Service
as exempt from the requirements of federal income tax provisions.
C.
Any applicant for a license shall be required to provide
free automobile parking space adjacent to the premises to be used,
occupying an area at least twice the area to be used for the undertaking
to which the license shall apply, and to provide and maintain sanitary
latrines of a number and type approved by the Suffolk County Department
of Health, for the use of persons engaged in conducting the undertaking
to which the license shall apply and for the patrons of the said licensed
undertaking during the license period.
D.
No license shall be issued unless it is demonstrated
to the Board of Trustees that the proposed activity will not adversely
affect the public health, safety or welfare.
[Amended 1-29-1982 by L.L. No. 1-1982; 7-11-2002 by L.L. No. 1-2002; 8-13-2020 by L.L. No. 7-2020]
[1]
Editor's Note: Former Art. II, Public Entertainment,
adopted 9-14-1979 by L.L. No. 3-1979, as amended, was repealed 2-12-2004
by L.L. No. 2-2004.
