[HISTORY: Adopted by the Town Board of the Town of St. Joseph as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-1980]
It shall be unlawful for any person, firm or corporation to establish
or operate, upon property owned or controlled by him or it within the Township
of St. Joseph, an outdoor theater without first having secured a license therefor
from the Town Clerk. The application for such license shall be accompanied
by a remittance in the sum as set by the Town Board which is hereby fixed
and determined to be the annual license fee on outdoor theaters.
As used in this article, the following terms shall have the meanings
indicated:
A place where any picture or other visual representation or image
is displayed on a screen or other background not completely enclosed by walls
and a roof, which screen or background can be seen by individuals not within
the confines of a theater.
Any person vested by law with a duty to maintain public order or
to make arrests for crime, whether that duty extends to all crimes or is limited
to specific crimes.
As a condition of the license granted, the person, firm or corporation
operating an outdoor theater shall, at his or its expense, have on the premises,
on Friday, Saturday and Sunday evenings, from opening until closing, an off-duty
peace officer, unless this condition is waived in whole or in part by the
Town Board.
The number of licenses for outdoor theaters which may be issued in the
Township of St. Joseph shall be one.
Except as may be otherwise provided, any person, firm or corporation
who or which fails to comply with the provisions of this article shall, upon
conviction thereof, forfeit not less than $25 nor more than $500, together
with the costs of prosecution for each violation, and a separate offense shall
be deemed committed on each day during or on which a violation occurs or continues.
A.Â
No person shall possess, sell, dispense, give away or
furnish any intoxicating liquor or fermented malt beverage at an outdoor theater.
B.Â
Any person violating any provision of this
section shall forfeit to the Town of St. Joseph a sum of not less than $20
and not more than $200 for each and every offense, together with the costs
of the action, and in default of immediate payment of said forfeiture and
costs said offender shall be confined to the county jail not exceeding 30
days or until such forfeiture and costs have been paid in full.
