Chapter 097, Entertainment, Public

Text relating to Ilion laws has been copied from the pdf provided by the Village and pasted here. This was done to make the text searchable.

Chapter 97, Entertainment, Public

GENERAL REFERENCES

Amusement centers -- See Ch. 59.

Fireworks -- See Ch. 115.

Games of chance -- See Ch. 131.

Sunday activities -- See Ch. 211.

§ 97-1. License required; exemptions

A No person shall conduct or operate a circus, carnival, exhibit of natural or artificial curiosities, theatrical or other show or performance in the village for which admission is charged or donations solicited or requested without the obtaining of a license as hereinafter provided

B Exceptions.

(1) No license shall be required for any theatrical, show or performance sponsored or presented by a school, college, university, fraternal organization or other nonprofit or eleemosynary institution.

(2) No license shall be required for any theatrical, show or performance sponsored or presented by a school, college, university, fraternal organization or other nonprofit or eleemosynary institution.

§ 97-2. Application for license

Any person desiring a license under the provisions of this chapter shall file a written application therefor in the Village Clerk's office which shall state:

A The name and address of the applicant.

B The period of time for which such license is required.

C The kind and character of the public entertainment to be conducted.

D Any other additional information that the Village Clerk may require.

§ 97-3. Issuance of license

Upon approval by the Mayor or other licensing officer designated, in writing, by the Mayor and payment of the fee therefor as hereinafter prescribed, the licensing officer shall issue a license.

§ 97-4. Grounds for refusal to issue or suspension

A The licensing officer may refuse to issue or may suspend a license when, in his judgment, the exercise thereof may be likely to disturb the peace and order of the village or be immoral or improper.

B Any applicant who shall have been refused such license or whose license has been suspended may apply to the Board of Trustees there for at a meeting thereof, and the same may be granted or refused, revoked or continued by the Board, as the case may be.

§ 97-5. License fees

The license fees for the conduct of public entertainment as herein provided shall be as determined by resolution of the Village Board.

§ 97-6. Responsibilities of permittees

A Any person permitted to conduct a carnival, circus, traveling show, exhibit, fiesta or festival in the village shall, as a condition to retention of his/her permit:

(1) Close the carnival, circus, traveling show, exhibit, fiesta or festival not later than 12:00 midnight.

(2) Comply with all the requirements of all village codes and ordinances and the statutes of the State of New York.

(3) Take all necessary action which is required to prevent the use of loud or noisy devices or activities or the occurrence of any disorderly conduct by patrons or employees of the permittee.

B Failure of the permittee to comply with all parts of Subsection A above or violation by the permittee of any part of Subsection A above shall result in immediate revocation of the permit previously issued.

§ 97-7. Insurance.

Each permittee, as a condition for the issuance of any permit, shall first supply the Village of Ilion with a valid, prepaid policy of liability insurance, insuring the permittee and the village from bodily injury liability, including death, in an aggregate amount of five million dollars ($5,000,000.) and property damage liability in an aggregate amount of five million dollars ($5,000,000.).

§ 97-8. Performance bond

The applicant shall post with the village a performance bond with a surety company approved by the village in the amount of ten thousand dollars ($10,000.). The condition of such bond shall be that the applicant shall at all times follow and comply with all the village's ordinances and regulations. Such bond shall be subject to forfeiture in the event that there is not compliance with all the village's ordinances and regulations.

§ 97-9. Indemnification of village

The applicant shall agree to indemnify and save harmless the Village of Ilion, its Board of Trustees and any and all village employees or agents, in a form suitable to the Village Attorney, from any claim for damages resulting from the operation of the carnival, circus or other special event for which a permit has been issued.

§ 97-10. Penalties for offenses

Any person committing an offense against any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for not more than fifteen (15) days, or both.