[Adopted 8-13-1991 by Ch. No. 983 as § 7-88 of
the 1991 Code (as amended through Ch. No. 1340)]
The purpose of this article is to protect the
public health, safety and general welfare through the regulation of
outdoor public entertainment presented in the Town.
As used in this article, the following terms
shall have the meanings indicated:
Any outdoor gathering at which music only is provided by
professionals or amateur performers or by prerecorded means which
is held outdoors and not emanating from within a building or permanently
enclosed structure.
[Amended 5-10-2004 by Ch. No. 1489]
[Amended 12-14-2009 by Ch. No. 1694]
No person shall hold or conduct any outdoor entertainment for the public without first obtaining a license in accordance with § 158-2. No such license shall be granted until a public hearing has been held by the Licensing Board, notice of which shall be given by advertising at least one time in a newspaper of general circulation in the Town. The notice shall contain the name of the applicant, the location for which the license is required, the date, time, and place of the hearing and shall state that remonstrants are entitled to be heard. The expense of such advertising shall be borne by the applicant.
[Amended 12-14-2009 by Ch. No. 1694]
In addition to the requisite information, the application for
permit shall set forth the following information and such other information
as may be reasonably required:
A.
The days
and hours during which the proposed outdoor entertainment is to be
conducted.
[Amended 3-12-2012 by Ch. No. 1766]
B.
The type
of activity that will occur.
[Amended 3-12-2012 by Ch. No. 1766]
C.
The approximate
number of spectators and participants reasonably expected to be present
or participate in the event.
D.
The exact
location of the event, including the exact size and dimensions of
the entertainment area.
E.
The location
and number of health and sanitation facilities.
[Amended 12-14-2009 by Ch. No. 1694]
Any person applying for an outdoor entertainment
license shall show that all Town taxes due to date have been paid
and all zoning requirements met for the premises on which the entertainment
is to be held for the property to be used as associated parking facilities.
A.
Any outdoor public entertainment held pursuant to
any license issued under this section shall be held or conducted only
on Thursdays, Fridays, Saturdays, Sundays, Memorial Day, July 4th,
VJ Day and Labor Day and shall commence no earlier than 1:00 p.m.
and shall conclude no later than 5:00 p.m. on the same day. In addition,
minimally amplified soloists may be allowed from 5:00 p.m. to 9:00
p.m. on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, Saturdays
and Sundays each year.
[Amended 5-10-2004 by Ch. No. 1489]
B.
Any outdoor entertainment license shall be issued
only to premises which are appurtenant to a building licensed by the
Town for indoor entertainment.
C.
The Chief of Police may restrict the number of persons
allowed in the entertainment area as the Chief deems necessary for
the protection of the public health, welfare and safety.[1]
[Amended 3-12-2012 by Ch. No. 1766]
D.
In granting a license under this article, the Licensing
Board may make such restrictions as it deems necessary for the protection
of the public health, welfare and safety, for the prevention of nuisances,
excess noise and maintenance of public peace.
[Amended 3-12-2012 by Ch. No. 1766]
A.
The Chief
of Police shall determine whether and to what extent additional police
protection reasonably will be required for the event or entertainment
area for purposes of traffic, crowd control and security. In making
this determination, the Chief of Police shall consider those factors
set out in the application for permit. If additional police protection
for the event is deemed necessary by the Chief of Police, he shall
so inform the applicant for the permit. The Chief of Police shall
provide the number of police officers determined to be necessary.
All police officers so assigned or provided shall be at the sole expense
of the applicant.
B.
The applicant
shall report on a weekly basis to the Chief of Police the days, hours
and type of activity that will take place each week.
[1]
Editor's Note: Former § 115-22,
Secondary licenses, was repealed 5-10-2004 by Ch. No. 1489.
[Amended 5-10-2004 by Ch. No. 1490; 12-14-2009 by Ch. No.
1694]
All licenses granted pursuant to the provisions of this article are subject to approval of proper authorities as specified in § 158-3.
[Amended 5-10-2004 by Ch. No. 1489; 12-14-2009 by Ch. No.
1694]
The fee for a license for outdoor entertainment shall as specified in Chapter 121, Fee Schedule.
[Amended 5-10-2004 by Ch. No. 1489]
The term of this license shall be for a period
of six months commencing May 1 and expiring October 31 in each year.
The provisions of this article shall not apply
to:
A.
Parades or processions for which a parade permit has
been issued, provided that the conditions of the permit are complied
with.
B.
Band concerts or music provided, sponsored or funded,
in whole or in part, by the Town of Westerly or by any entity qualifying
for tax-exempt status under Section 501(c)(3) of the Internal Revenue
Code on property owned and controlled by the Town of Westerly or in
Wilcox Park for which a valid permit has been obtained.
C.
Merry-go-rounds, dodgems, kiddie rides, airplane rides,
Ferris wheels, batting cages, water slides and miniature golf or like
amusement devices licensed under the other provisions of the Westerly
Code.
D.
Family-oriented activities.
E.
Other outdoor activities for which a valid permit
has been obtained.
[Added 12-14-2009 by Ch. No. 1694]
Any license granted under this article may be revoked by the
Licensing Board, after public hearing for cause shown.
[Amended 12-14-2009 by Ch. No. 1694]
A.
Any person
or license holder who shall violate any provision of this article
shall, upon conviction thereof, be punished the sum of $100 for the
first violation, the sum of $300 for the second violation, the sum
of $500 for the third and any subsequent violation. The continuation
of a violation of any provision of this article shall constitute,
for each day the violation is continued, a separate and distinct violation
hereunder.
B.
All members
of the Police Department are authorized to enforce the provisions
of this article.
