As used in this article, the following terms shall have the meanings
indicated:
Includes a circus, carnival, Wild West show, menagerie, caravan of
animals, field games, public show, performance, entertainment, exhibition
or amusement of any kind or description, or any combination of such, conducted,
carried on, exhibited or produced in the open air or under a tent or in any
other place not licensed as a theater or amusement hall or place, admission
to which pay or compensation of any kind shall be required, demanded or received
or which is given or conducted for gain; provided, however, that the term "show"
shall not mean and include entertainments given by any public or private school,
lectures on historical, literary or scientific subjects, amateur field games
or contests or fairs, concerts, exhibitions of paintings or statuary given
or made by residents of the village for the exclusive benefit of any benevolent,
religious or charitable object.
It shall be unlawful to drive, convey, transport or haul any of the
wagons, vehicles, teams or other property belonging to or used in connection
with any show or circus upon, along, over or across any of the streets of
the village, unless such vehicles or other property are being hauled from
one community to another through the village, without the owners or managers
having first filed with the Village Clerk a bond to the village in the penal
sum of $10,000, with sufficient surety or sureties to be approved by the Village
Attorney and conditions to indemnify and save harmless the village against
all damages or injury occasioned or caused to such streets by such exhibition,
its wagons, vehicles, teams or other property so drawn, conveyed, transported
or hauled upon, along, over or across such street, and further conditioned
to leave, to the satisfaction of the Superintendent of Public Works of the
village, such streets in as good condition and repair as they were prior to
being used for such purposes.
A.Â
No license issued under this article, permit or other
authority shall be granted to any person to hold what is commonly known as
a "carnival" or "fair" in or upon any of the streets, alleys, parkways, parks,
playgrounds or other public places of or belonging to the village or in or
upon part of any of the same.
B.Â
No license shall be granted under this article for a
shooting gallery, carousel or merry-go-round unless the applicant files with
his application the written consent or petition favorable to the same from
persons owning or occupying any lot or parcel within a radius of 200 feet
of the boundary lines of the lot or lots to be occupied, in whole or in part,
by any proposed use.
C.Â
No obscene, vulgar, immoral, illegal or disorderly show
shall be licensed under the provisions of this article or permitted, and no
person receiving a license under the provisions of this article or conducting
or taking part in any show shall conduct, permit or take part in any obscene,
vulgar, immoral, illegal or disorderly show under such license.
D.Â
No circus or other show, and no proprietor or manager
thereof, shall permit any gambling or games of chance at the place or upon
the premises controlled or used in connection with such circus or other show,
nor shall any person conduct, manage or carry on any gambling or game of chance
at or about any circus or other show.
It shall be unlawful for any person, either as owner, manager, agent,
employee or performer, within the corporate limits of the village, to conduct,
exhibit, carry on, produce, parade or take part in any show as defined in
this article without first having obtained and paid for and having in force
and effect a license therefor; provided, however, that no license shall be
required for any parade upon the streets of the village in the event that
a license is obtained for conducting a menagerie, circus, Wild West or other
show to which such parade is incidental.
Any person desiring to procure or renew a license as herein provided
shall file with the Village Clerk a written application upon a blank form
prepared and furnished by the village. Such application shall contain a description
of the place where it is proposed to produce the show, a description of the
kind of entertainment and/or parade, the date or dates on which it is proposed
to produce the show and/or parade, the name and post office address of the
applicant and, if the applicant is not the owner of the show, the name and
post office address of such owner, parking facilities, sanitary facilities,
number of employees, the hours of operation, duration of license and such
other information as the licensing official may require.
The Village Clerk, unless the show is to be produced under a tent or
in the open air, shall refer such application to the Bureau of Fire Prevention
and the Nassau County Police Department, which shall inspect or cause to be
inspected the premises named in the application to determine whether such
premises comply with the regulations and ordinances of the village and the
laws of the county and state. The Bureau shall furnish to the Village Clerk,
in writing, the information derived from such investigation, accompanied by
a recommendation as to whether a license should be granted or refused.
A.Â
Fees for all licenses under this division shall be at
such rates as may be fixed, from time to time, by resolution of the Board
of Trustees.
[Amended 12-7-1989 by L.L. No. 3-1989]
B.Â
Fees shall not be charged for shows operated or conducted
by a charitable, religious or benevolent organization or by the Fire Department
or company thereof or by a municipal department or by a United States veteran,
soldier and sailor organization; all other provisions hereof shall, however,
apply in all instances.
B.Â
No license shall be refused or revoked as hereinafter
provided, except for a specific reason and for the protection of the public
safety, health, morals or general welfare.
C.Â
A license shall not be assignable. Any holder of such
license who permits it to be used by any other person, and any person who
uses such license granted to any other person, shall each be guilty of a violation
of this article.
D.Â
All licenses shall be numbered in the order in which
they are issued and shall state clearly the location of the place in which
the show is to be produced, the kind of entertainment, the dates of issuance
and expiration of the license, the fee paid and the name of the licensee.
A.Â
No license shall be granted to a person under 18 years
of age or renewed without a reinspection of the premises.
B.Â
No applicant to whom a license has been refused shall
make further application until a period of at least six months shall have
elapsed since the last previous rejection, unless he can show that the reason
for such rejection no longer exists.
Whenever a license shall be lost or destroyed on the part of the holder
or his agent or employee, a duplicate license in lieu thereof under the original
application and bond may be issued by the Village Clerk upon the filing with
him by the licensee of an affidavit setting forth the circumstances of the
loss and what, if any, search has been made for its recovery, together with
a recording fee of $10.
A.Â
The Village Board of Trustees may, at any time, for a
violation of this article or any ordinance or any law, revoke any license
issued under this article after notice and hearing.
B.Â
When a license shall be revoked, no refund of any unearned
portion of the license fee shall be made.
C.Â
Notice of such revocation and the reason or reasons therefor
in writing shall be served by the Village Clerk upon the person named in the
application or by mailing the same to the address given in the application
and upon filing a copy of such notice with the Village Clerk.
