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ARTICLE I. - IN GENERAL#
Sec. 5-1. - Purpose of chapter.#
The purpose of this chapter is to protect the public health, safety and general welfare through the regulation of amusements, shows and exhibitions.
(Ord. No. 1997-09, § 3.1-1, 7-16-97)
Secs. 5-2—5-30. - Reserved.#
ARTICLE II. - BILLIARD, BAGATELLE, POOL, SCIPPIO TABLES AND GAMEROOMS#
Footnotes:
--- (1) --- State Law reference— Bowling alleys, billiard tables and shooting galleries, G.L. 1956, § 5-2-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 5-31. - Pinball or gameroom defined.#
The words "pinball" or "gameroom" as used in this chapter shall mean any public place, building, or room where ten or more gaming devices, machines, or apparatuses are kept for the use and entertainment of the public; or any place where the main purpose of such business is to maintain machines which upon the insertion of a coin, slug, token, plate or disk may be operated by the public generally for use as a game or amusement whether or not registering a score and whether its operation demands skill or chance or both or neither. The definition of "gameroom" shall be limited to those places which derive their principal source of income from such machines.
(Code 1972, § 3.1-32)
Cross reference— Definitions generally, § 1-2.
Sec. 5-32. - Regulations and restrictions.#
All licenses issued under this article shall be subject to such regulations and restrictions as the town council may from time to time make and prescribe.
(Code 1972, § 3.1-36)
Sec. 5-33. - Limit on number of licenses.#
(a)
The maximum number of licenses to be issued to saloons, shops or places of business for the keeping of billiard table, bagatelle table, pool table, scippio table or any table of similar character is fixed at 50.
(b)
The maximum number of licenses for operation of a pinball or gameroom to be issued by the town is fixed at two.
(Code 1972, § 3.1-38)
Sec. 5-34. - Penalty for unlicensed operation.#
Every person who shall keep a billiard table, bagatelle table, pool table, scippio table or any table of a similar character, or other gaming or amusement coin-operated device, in any saloon, shop, or place of business, or own or keep any such table for public use or profit, or operate a pinball or gameroom, without first obtaining a license, or in any place other than that specified in a license, or any violation of this article, shall be fined $100.00 for each offense. Each day of operation shall constitute a separate offense.
Secs. 5-35—5-55. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 5-56. - Required.#
No person shall keep a billiard table, bagatelle table, pool table, scippio table or any table of similar character in any saloon, shop or place of business or own or keep any such table for public use or profit or operate a pinball or gameroom within the town without first obtaining a license from the town council to do so.
(Code 1972, § 3.1-33)
Sec. 5-57. - Term, expiration.#
Every license issued under the provisions of this article shall specify the name and address of the person licensed, or if a corporation, the names and addresses of all stockholders and officers, and the address where said tables shall be kept. All licenses shall be issued for a term of one year beginning on December 1 of each year. Regardless of the date issued, all licenses shall expire on November 30 of each year; and all licenses shall be paid in full with no proration because issued for less than a year term.
(Code 1972, § 3.1-35)
Sec. 5-58. - Fees.#
The fee for a license under this article shall be as set out in section 11-1.
(Code 1972, § 3.1-34)
Secs. 5-59—5-70. - Reserved.#
ARTICLE III. - SHOWS, EXHIBITIONS AND ENTERTAINMENT#
DIVISION 1. - GENERALLY#
Sec. 5-71. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult-only establishment means any establishment customarily not open to the public at large but only to one or more classes of the public or which excludes any minor by reason of age as a prevailing practice.
Applicant means a person, partnership or corporation.
Show, exhibition or similar form of entertainment means any theatrical performance, show, exhibition, concert, dances and balls, or any other entertainment, whether indoors or outdoors, but shall exclude parades or other events regulated under section 25-4.
(Ord. No. 1997-09, § 3.1-10, 7-16-97)
Cross reference— Definitions generally, § 1-2.
Secs. 5-72—5-90. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 5-91. - Required.#
No person shall maintain, operate or conduct any show, exhibition or similar form of entertainment within the town without first obtaining a license from the town council.
(Ord. No. 1997-09, § 3.1-11, 7-16-97; Ord. No. 2024-20, 1-15-25)
Sec. 5-92. - License application; information required; changes to licensed premises.#
(a)
Any person applying for a license for a show, exhibition or similar form of entertainment shall file an application on a form approved by the town council. The application for a license shall set forth the following information and such other information as may reasonably be required:
(1)
The name, residence, mailing address and telephone number of the person making the application (where the person making the application is a partnership, corporation or other association), this information shall be required for all partners, officers, directors or members.
(2)
The days and hours during which the proposed show, exhibition or similar entertainment is to be conducted.
(3)
The nature and types of activities that will occur.
(4)
The approximate number of spectators and participants reasonably expected to be present or participate in the event.
(5)
A plan, drawn to scale, depicting the exact location of the event including the exact size and dimensions of the entertainment area and its approximate distance and relative location from the public entrance of the building or other enclosed area where applicable. The plan shall be clear, clean, and legible, and shall identify any stage area, dance floor, seating layout, and entry/exit locations. The plan shall indicate whether entertainment is proposed indoors, outdoors, or both, and delineate boundaries of each area. Any approved or proposed liquor service areas shall also be depicted.
(6)
The location and number of health and sanitation facilities.
(7)
Written proof that the applicant is 18 years of age or older.
(8)
Current photographs of the premises depicting interior and exterior views, including indoor and outdoor entertainment areas.
(9)
Other information as may be required by the town council.
(b)
Substantial changes to the approved entertainment area shall require review and approval by the town council. Tables and seating configurations of licensed premises may vary to accommodate special events; however, any such arrangements must remain within the approved licensed premises as shown on the submitted sketch or floor plan. Tables, chairs, or other furnishings shall not block any pathways, aisles, or designated exits, and the approved maximum occupancy as established by the Fire Marshal shall not be exceeded.
(Ord. No. 1997-09, § 3.1-12, 7-16-97; Ord. No. 2025-18, 1-15-26)
Sec. 5-93. - Fees; contents; terms.#
The fees for licenses for a show, exhibition or similar form of entertainment shall be as set out in section 11-1. Such fees shall be assessed on an annual or biannual basis. The licensing fee shall be waived for any nonprofit, educational or charitable organization providing a show, exhibition or similar form of entertainment. Every license issued under this article shall specify the name and address of the person licensed, or if a corporation, the names and addresses of all stockholders and officers, the address where the show, exhibition or entertainment will take place and the hours, and the expiration date of the license. The term for a license under this article shall not exceed one year.
(Ord. No. 1997-09, § 3.1-16, 7-16-97)
Sec. 5-94. - Approval.#
Upon receipt of the properly prepared application and fee, the town clerk shall forward copies of the application to the director of public safety, the chief of police, the fire chief, the zoning enforcement officer and the building inspector and other such officials as the director of public safety may deem necessary. Such officials shall review and investigate matters relevant to the application and, within 30 days of its receipt, shall make any pertinent reports, comments or recommendations about the application to the town council in writing.
(Ord. No. 1997-09, § 3.1-11, 7-16-97)
Sec. 5-95. - Prerequisites for obtaining a license.#
The town council shall approve the issuance of a license under this article after a public hearing unless the town council finds one or more of the following to be true: (1)
The applicant has not provided all the information requested under section 5-92 or has not complied with all other obligations as set forth in this article.
(2)
The applicant has falsely answered any question or request for information reasonably necessary for issuance of the license.
(3)
The applicant is overdue in payment of any town taxes, fees, fines or penalties as of the date of application.
(4)
The applicant has not submitted a zoning certificate indicating that the use is permitted.
(5)
The applicant has maintained, operated or conducted any show, exhibition or similar form of entertainment within the last 12 months and has demonstrated an inability to operate or manage such show, exhibition or entertainment in a peaceful or law abiding manner, thus necessitating action by police or other law enforcement.
(6)
The issuance of the license or the place where the license is to be utilized presents a danger to the public health, safety or welfare.
(7)
The town council finds other just cause to conclude that the issuance of a permit would be inconsistent with the purpose of this article.
(Ord. No. 1997-09, § 3.1-14, 7-16-97; Ord. No. 2011-21, 11-30-11)
Sec. 5-96. - Adult-only establishment.#
In addition to the requirements under section 5-95, the following requirements shall apply to the licensing of adult-only establishments offering shows, exhibitions or similar forms of entertainment: (1)
All adult entertainment shall cease no later than 12:00 midnight.
(2)
An applicant who has been convicted or whose spouse has been convicted of a crime of moral turpitude or any felony may qualify for a license under this section only after five years have elapsed since the date of conviction or the date of release from the confinement imposed for conviction, whichever is the later date.
The town council has the discretion to impose other requirements, terms and conditions on a permit, which are reasonably necessary to control the secondary effects of adult-only entertainment in keeping with the purposes of this article.
(Ord. No. 1997-09, § 3.1-15, 7-16-97; Ord. No. 2012-02, 2-1-12)
Cross reference— Nudity on premises where alcoholic beverages are offered for sale, § 17-54.
Sec. 5-97. - Restrictions.#
(a)
The chief of police and fire chief may restrict the number of persons allowed in the entertainment area as deemed necessary for the protection of the public health, welfare and safety.
(b)
The hours of entertainment shall be limited for all such licenses. All indoor entertainment shall cease by 10:00 p.m. on nights from Sunday through Thursday, and by 12:00 midnight on Friday and Saturday nights. All outdoor entertainment shall cease by 10:00 p.m. on nights from Sunday through Thursday, and by 11:00 PM on Friday and Saturday nights.
(c)
In granting a license under this section, the town council may make such other restrictions as are necessary for the protection of the public health, welfare and safety, for the prevention of nuisances, excess noise and maintenance of public peace, including but not limited to prohibiting amplified music, limiting the number of musicians to no more than three, and requiring that all entertainment cease at other times than as set forth in subsection (b) above.
(d)
The director of public safety shall determine whether and to what extent additional police protection reasonably necessary for the purposes of traffic, crowd control and security will be required for the event or entertainment. Payment of all police officers assigned or provided by the director of public safety shall be paid by the applicant according to the director's instructions.
(Ord. No. 1997-09, § 3.1-13, 7-16-97; Ord. No. 2012-02, 2-1-12; Ord. No. 2024-20, 1-15-25)
Sec. 5-98. - Compliance with other laws.#
Every applicant for a license under this article shall comply with all laws of the state and all other ordinances of the town.
(Ord. No. 1997-09, § 3.1-17, 7-16-97)
Sec. 5-99. - Revocation or suspension.#
All licenses granted under this article may be revoked at the sole discretion of the town council. Sufficient cause to refuse further licenses under this article and to suspend or revoke any licenses issued under this article or deny renewal of a license originally issued under this article shall include but is not limited to the failure of the licensee to strictly comply with the provisions of this article and the laws of the state and of any terms and conditions imposed by the town council on the licensee. Upon denial, suspension or revocation of such license, the licensee shall be ineligible to reapply for a license for a period of two years from such denial, suspension or revocation.
(Ord. No. 1997-09, § 3.1-18, 7-16-97)
Sec. 5-100. - Operation without a license and penalties for violation of this article.#
In addition to any action pursuant to section 5-99, any person who maintains, operates or conducts any show, exhibition or similar form of entertainment within the town without first obtaining a license from the town council, or in any location other than that specified in the license, and any licensee in violation of this article, shall be fined pursuant to section 11-1. 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.
(Ord. No. 1997-09, § 3.1-19, 7-16-97; Ord. No. 2011-21, 11-30-11; Ord. No. 2017-13, 10-4-17)
Editor's note— Ord. No. 2011-21, adopted Nov. 30, 2011, amended § 5-100 title to read as herein set out. Former § 5-100 title pertained to operation without a license.
Secs. 5-101—5-114. - Reserved.#
ARTICLE IV. - BINGO#
Sec. 5-115. - License provisions.#
The provisions of G.L. 1956 § 11-19-30 et seq. shall apply to organizations requesting a license to conduct bingo games.