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--- (3) --- State Law reference— Shows and exhibitions, G.L. 1956, § 5-22-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 6-75. - 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:
Entertainment means any live production of music or sound by an individual, band, musician, any theatrical performance, show or exhibition or performance, including, but not limited to, karaoke, public roller skating in rinks or halls, dances and balls, wrestling, boxing or sparring matches, exhibition, activities of a palmist, phrenologist or fortuneteller or any other entertainment and amusements for a term not exceeding one year. Any music or sound provided by any mechanical, electronic or other means, such as a tape recorder, records or other audio or visual means.
Individual business or establishment means any person, corporation, limited liability company, club, partnership, association, society or any other organized group of persons, including officers, directors and trustees of a corporation, club, association or society.
Jukebox means any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
Mechanical amusement device means any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. The term "mechanical amusement device" includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines, mechanical pool tables and all games, operations or transactions similar thereto under whatever name they may be described.
Premises means any room, place or space in the city in which entertainment, as defined herein, is produced or provided to which the public may gain admission, either with or without the payment of a fee, including, but not limited to, any building, theater, hall or rink.
(Code 1994, § 6-37; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-76. - Purpose.#
It is the purpose of the city council in this article to adopt a specific distinguishable license for the operation of entertainment, as defined herein, as allowed by the laws of the state. It is the further purpose of this article to address the secondary effects of entertainment establishments and businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, which has adverse impacts on the quality of life in the community. All mentioned secondary effect impacts are adverse to the public health, safety, and general welfare of the city and its residents.
(Code 1994, § 6-36; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-77. - Hours and posting of license.#
(a)
All individual or business establishments providing entertainment as defined herein, shall discontinue entertainment, and be closed on or before 1:00 a.m. unless otherwise provided or as approved by the city council. If said individual or business establishment does not have a liquor license, then the closing time will be set by the city council at the time the application is acted upon but shall not be later than 1:00 a.m. unless otherwise provided or as approved by the city council.
(b)
Each license issued hereunder shall be displayed in a conspicuous place at such location.
(Code 1994, § 6-45; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4; Ord. of 12-23-2021(2), § 1)
Secs. 6-78—6-97. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 6-98. - Required.#
It shall be unlawful for any individual or business establishment to conduct, maintain, operate or engage in the business of conducting entertainment as described herein without first obtaining a license in the manner prescribed herein.
(Code 1994, § 6-38; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-99. - Application and fees.#
(a)
Application form. The license shall be granted by the city council. Application for said license shall be made on a form containing such information as determined by the city clerk to be pertinent.
(b)
Exclusions. Public and private schools, churches and/or religious functions in the form of entertainment as described herein and held on a school or church property are excluded from the application and license process.
(c)
Fee. The fee for each license, or the renewal, if applicable, granted to the individual or business establishment shall not exceed $100.00 per occurrence.
(d)
Exceptions. The fee for such license as described herein may be waived, when the entertainment provided is sponsored by a religious, charity or nonprofit group.
(Code 1994, § 6-40; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-100. - Issuance.#
(a)
All petitions for licenses shall be heard and determined by the city council. A license shall be issued to an individual or business establishment, for either an individual event or for a period of up to one year, only after the city council is satisfied that the applicant is a fit and proper person or business enterprise and shall have complied with all requirements set forth herein and set forth in the Rhode Island General Laws that apply including, but not limited to, an inspection to be made of the premises to be licensed and is satisfied that such premises complies with all laws, rules and regulations of the building official and fire division. As evidence of this, written certification is issued to the applicant by the building official and fire division. Said certification must be issued prior to final action of applicant's application. A license shall be effective for a term commencing on December 1 of a given year through November 30 of the following year or for the time approved by the city council.
(b)
No license authorized by this division shall be issued or renewed unless the building official of the city and the fire division of the city shall inspect the premises and certify that the premises comply with all state and local requirements.
(Code 1994, § 6-39; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-101. - Capacity.#
If only certain rooms within the premises are to be utilized for entertainment, said applicant shall be required to indicate on the application the location of each and every room or space which is to be used for such purpose and the determination as to the maximum capacity of patrons shall be determined by the city fire division.
(Code 1994, § 6-41; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-102. - Compliance with zoning ordinance.#
In order to be granted a license, the applicant must obtain a certificate of zoning compliance from the code enforcement officer which states that the type of entertainment proposed is permitted in the zoning district where the premises is located.
(Code 1994, § 6-42; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-103. - Transferability.#
No license issued under the provisions of this division shall be transferred or assigned to any individual or business establishment or used by any individual or business establishment other than the licensee to whom it was issued, nor shall such license be used on any premises other than the premises stated in such license.
(Code 1994, § 6-43; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-104. - Changes in corporate licenses.#
If, during the term of the licensing period, one or more directors, stockholders, or officers of a corporate or members of a limited liability company license are substituted or added, each substituted or added director, stockholder, or officer shall, within five days of such change, file with the city clerk, an application for an approval of the change on such forms as are prescribed by the city clerk.
(Code 1994, § 6-44; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)
Sec. 6-105. - Suspension or revocation.#
After reasonable notice and a hearing, the city council shall have the right and authority to impose a fine, suspend or revoke any license granted under this division. Cause shall include but not be limited to, instances when an establishment is shown to have become disorderly or to have otherwise adversely affected the quiet enjoyment or quality of life of residents or when state or local law has been violated.
(Code 1994, § 6-46; Ord. of 5-30-2001; Ord. of 10-14-2015, § 4; Ord. of 12-9-2019(1), § 4)