The text
Footnotes:
--- (1) --- Cross reference— Businesses, ch. 18; nonissuance and nonrenewal of licenses or permits to applicants or licensees in arrears in taxes, liens and assessments, § 42-1.
State Law reference— Shows and exhibits, G.L. 1956, § 5-22-1 et seq.
ARTICLE I. - IN GENERAL#
Secs. 6-1—6-30. - Reserved.#
ARTICLE II. - ADULT ENTERTAINMENT#
Footnotes:
--- (2) --- State Law reference— Obscene and objectionable publications and shows, G.L. 1956, § 11-31-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 6-31. - 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 cabaret means an establishment that regularly or occasionally features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Specified anatomical areas means and includes any of the following: (1)
Less than completely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae;
(2)
Human male genitals in a discernibly turgid state even if completely and opaquely covered.
Specified sexual activities means and includes any of the following: (1)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth as noted in this definition.
(Ord. of 11-2-92, § 3)
Cross reference— Definitions generally, § 1-2.
Sec. 6-32. - Serving, selling, consumption or possession of alcoholic beverages.#
Alcoholic beverages as defined as a beverage in G.L. 1956, § 3-1-1, shall not be served, sold or permitted to be consumed or in any person's possession on the premises of any adult cabaret or any adult entertainment establishment.
Secs. 6-33—6-55. - Reserved.#
DIVISION 2. - LICENSE#
Sec. 6-56. - Required.#
No person shall publicly, or for pay, or for any profit or advantage to himself, exhibit or promote any erotic performance, adult cabaret, erotic exhibition show, x-rated or adult film show, erotic activity, or any other form of erotic dancing, or other adult or erotic show regarding specified anatomical areas or engage in or promote such activity without first obtaining a license from the town council.
(Ord. of 11-2-92, § 4)
Sec. 6-57. - Conditions to be met.#
In consideration of the application for a license, the town council shall specifically require that the following conditions be met: (1)
The applicant has access to sufficient off-street, privately-owned parking for use by patrons. For purposes of determination of sufficiency, one parking space shall be provided for each two patrons. The total number of patrons is to be determined by utilizing the rated capacity of the establishment as determined by the fire marshal.
(2)
The premises, which is the subject of the application, is located a minimum of 5,000 feet from the nearest residential structure, house of worship or public or nonpublic school.
(3)
The premises has in service full ventilation/air conditioning systems for purposes of noise control.
(4)
There shall be no sexually explicit signage located on the premises.
(5)
At the request of the town council there be sufficient off-duty police officers and/or firefighters utilized to ensure the public health, safety and welfare.
(6)
The activity which is the subject of the application shall not be conducted before 5:00 p.m. and not later than 1:00 a.m. on any given day.
(7)
Any other restrictions deemed appropriate by the town council that will ensure the health, safety and welfare of the public.
(Ord. of 11-2-92, § 5)
Sec. 6-58. - Term.#
An application for a license issued under this article shall be on a form provided by the town clerk. Any such license issued by the town council may be valid for one day, or for any period of time not exceeding one year. Licenses issued on an annual basis shall expire on December 31 of each year.
(Ord. of 11-2-92, § 6)
Sec. 6-59. - Fees.#
The fees charged to operate any activity regulated under this article shall be $1,000.00 per night.
(Ord. of 11-2-92, § 7)
Sec. 6-60. - Denial; nonrenewal; revocation.#
(a)
The town council may deny an application for a new license, refuse to renew an existing license or revoke an existing license to the owner, lessee or operator, of any place at which an activity provided for in this article is conducted, if such place presents a danger to the public health, safety or welfare, or any part thereof is obscene as defined in G.L. 1956, § 11-31-1.
(b)
No license shall be issued to a person who is not of good moral character, nor to a corporation or organization which is not represented by a person of good moral character.
(Ord. of 11-2-92, § 8)
Secs. 6-61—6-90. - Reserved.#
ARTICLE III. - OUTDOOR PLACES OF AMUSEMENTS#
DIVISION 1. - GENERALLY#
Sec. 6-91. - 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:
Amusement park means any tract of land, together with the structures located thereon, the principal use of which is to provide a midway of amusement and recreation to the general public.
Outdoor entertainment site means any lots, tracts or parcels of land, the principal use of which is to provide an outdoor recreational, entertainment, cultural event or festival.
Track means a tract of land together with the structures thereon, the principal use of which is to provide vehicle racing or driving for public amusement upon payment of a fee.
Vehicle means any automobiles, go-cart, so-called motorcycle or motor bike or other motor-powered vehicle, but does not include bicycles or vehicles drawn by animals or not propelled by a motor.
(Ord. of 7-13-70, § 11)
Cross reference— Definitions generally, § 1-2.
Secs. 6-92—6-110. - Reserved.#
DIVISION 2. - LICENSE#
Footnotes:
--- (3) --- State Law reference— Licensing of amusements, G.L. 1956, § 5-22-5.
Sec. 6-111. - Required.#
No person shall operate a vehicle track, amusement park or any outdoor recreational, entertainment, cultural event or festival without first obtaining a license.
(Ord. of 7-13-70, § 1)
Sec. 6-112. - Application; contents.#
Application for the initial issuance of such licenses shall be made in writing to the town council and shall be accompanied by the following: (1)
A metes and bounds description of the proposed location of such track, amusement park or outdoor recreational, entertainment, cultural event or festival site, and a plat of such proposed location prepared by a licensed surveyor showing the names of all adjoining property owners and the names of all property owners within 500 feet of the proposed location.
(2)
The names and addresses of the owners of the proposed location and, if a corporation, the names and addresses of all of its officers, stockholders and directors.
(3)
The names and addresses of the owners of the proposed track or amusement park or the promoters of an outdoor recreational, entertainment, cultural event or festival and, if a corporation, the names and addresses of all its officers, stockholders and directors.
(4)
A statement of the types of amusements or vehicles to be used at the proposed location or the type of recreational, entertainment, cultural event or festival that will be offered.
(5)
A statement of the dates and hours when permission is sought to operate such track, park or outdoor entertainment.
(6)
A filing fee of $100.00, or, in the case of a vehicle track $400.00 to cover the costs of advertising, sending notice and administering such application.
(Ord. of 7-13-70, § 2)
Sec. 6-113. - Filing; periods for consideration.#
An application for the initial issuance of a license shall be filed at least three weeks prior to the regularly scheduled town council meeting at which hearing on such application is sought; provided, however, that in the case of a vehicle track, the application shall not be considered or heard by the town council unless and until the application shall first have been approved by a majority of those electors of the town voting thereon at the next regular or special election held in the town more than 60 days after the application has been filed with the town council.
(Ord. of 7-13-70, § 3)
Sec. 6-114. - Notice of hearing.#
Upon the receipt of such application, or, in the case of a vehicle track, upon certification to the town clerk of an affirmative vote on the question by the electors of the town, the town clerk shall send, by regular mail, notice of such application and the dates, time and place for hearing thereon to each of the property owners set forth in section 6-112(1). Such notice shall be sent at least two weeks before the council meeting at which the application is to be considered. In addition, the town clerk shall advertise notice of such application and the time, place and date for hearing in a newspaper of general circulation in the town at least once and at least one week before the date set for hearing.
(Ord. of 7-13-70, § 4)
Sec. 6-115. - Grant, refusal or grant with conditions; conditions enumerated.#
After a hearing upon an application for initial issuance of a license, the town council may either grant, refuse to grant or grant with certain conditions the application for such license. The conditions which the town council may impose on the granting of a license are as follows: (1)
The applicant shall provide adequate parking facilities.
(2)
The applicant shall provide adequate sanitary facilities for the patrons of such park, track or outdoor entertainment site.
(3)
The applicant shall operate such track, park or outdoor entertainment site only within the times and dates as set by the town council.
(4)
The applicant shall provide such first aid facilities and safety measures as shall be deemed necessary by the town council.
(5)
The applicant shall provide for the regulation of noise so that adjoining and nearby landowners and inhabitants will not be unduly disturbed in the use and enjoyment of their property, and, in the case of vehicles powered by internal combustion engines, each such vehicle shall be equipped with a muffler.
(6)
The applicant shall provide adequate lighting where night operation is sought.
(7)
The applicant shall use such track, park or outdoor entertainment site only for certain amusements, vehicles or entertainments, as specified by the town council.
(8)
Other conditions shall be required as the town council deems necessary for the protection of the patrons of such track, parks or outdoor entertainment site and/or the health, safety, welfare and protection of the public, adjoining and nearby land owners and nearby inhabitants.
(Ord. of 7-13-70, § 5)
Sec. 6-116. - Fees.#
The license fee shall be $200.00 annually for amusement parks and vehicle tracks, and all licenses shall expire on December 31 of each year. Such licenses shall be reviewed automatically upon the tender of such annual fee. The license fee shall be $200.00 for an outdoor recreational, entertainment, cultural event or festival and shall expire upon the closing of such recreational, entertainment, cultural event or festival.
(Ord. of 7-13-70, § 6)
Sec. 6-117. - Enlargement of vehicle track or amusement park area; fresh application.#
Any enlargement of the area of any vehicle track or amusement park shall be treated insofar as the enlargement is concerned in the same manner as the application for the initial issuance of a license, and the application shall be made in a similar manner.
(Ord. of 7-13-70, § 7)
Sec. 6-118. - Revocation or suspension; reasons.#
After a hearing, the town council may revoke or suspend the license of any amusement park, vehicle track or outdoor entertainment site upon a determination of the following: (1)
The park, track or entertainment site does not conform to the specifications as set forth in its application for a license.
(2)
The park, track or entertainment operator, proprietor or owner has violated the terms and conditions of the license.
(3)
The operator of such park, track or entertainment site has sold or has permitted to be sold any intoxicating liquor, wine, beer or narcotic on the premises.
(4)
The operator of such park, track or entertainment site has permitted solicitation of prostitutes, or gambling on the premises.
(5)
The park, track or entertainment site does not conform to the health regulations for such parks, tracks or entertainment sites established by the state.
(6)
Such track, park or entertainment site is operated in such a way as to constitute a nuisance, or that the operator of such park, track or site has maintained or permitted a nuisance on the premises.
(7)
Any person violated any of the provisions of this article.
(Ord. of 7-13-70, § 7)
Sec. 6-119. - Issuance; scope and effect.#
The issuance of a license for the operation of an amusement park, vehicle track or outdoor recreation, entertainment or cultural event or festival shall in no way be construed as an abridgement of the right of any person to prosecute legal action against such track or park or the promoters of an outdoor recreational, entertainment, cultural event or festival on the ground that such track, park or outdoor entertainment constitutes a nuisance; nor is it the intention of this article that the granting of such license shall in any way affect the question of whether such park, track or outdoor entertainment constitutes a nuisance as to any individual.
(Ord. of 7-13-70, § 10)
ARTICLE IV. - PUBLIC ENTERTAINMENT#
Sec. 6-120. - Intent.#
The purpose of this chapter is to protect the public health, safety and general welfare through the regulation of public entertainment. As used in this chapter, the term "public entertainment" shall mean any gathering at which music or entertainment is provided by live performances or prerecorded means or a show or exhibition which is held indoors or out of doors to which members of the public are invited or admitted for a charge, or free of charge, by any person or by any organization doing business in the town.
(Ord. of 12-3-12)
Sec. 6-121. - License required.#
(a)
No person or organization shall conduct or operate indoor or outdoor public entertainment without first obtaining a public entertainment license from the town council. Whenever a public entertainment license is granted by the town council, it shall be the duty of the town sergeant and fire marshal to determine whether or not the assignment of a detail police officer or detail fire fighter is needed. The costs of the detailed officer or fire marshall shall be borne by the applicant.
(b)
Upon receipt of an application for a new or an expanded public entertainment license, an advertisement shall be placed once in a local newspaper by the town clerk, at the applicant's expense, providing notice to the public of the council meeting date on which the public hearing will be held. The notice must be published one time only and no less than seven days prior to the hearing. Notice of the hearing date shall also be mailed at the applicant's expense at least two weeks prior to the date of the hearing by the town clerk to the abutters within a 200-foot radius of the premises at which the new or expanded entertainment is to occur.
(c)
Upon receipt of an application for a new or an expanded public entertainment license the town clerk shall also notify the town sergeant and fire marshal who shall make such determinations and notify the town clerk accordingly.
(d)
If a public entertainment license is granted to the holder of a victualling license or alcoholic-beverage license, the license granted hereunder shall not permit such entertainment to extend beyond the authorized serving time of such victualling or alcoholic-beverage license. Unless otherwise noted, outside entertainment that involves amplification shall cease at 11:00 p.m., Sunday to Thursday, and at midnight on Fridays, Saturdays and Sundays before holidays.
(e)
In all other instances where a public entertainment license is issued, the hours of entertainment to be held shall be as determined by the town council, having due regard for the public convenience, welfare, health and safety.
(f)
The town council, pursuant to Title 5, Chapter 22, of the General Laws of Rhode Island, may place reasonable conditions on the issuance of a public entertainment license having due regard for the public convenience, welfare and safety of its residents.
(g)
Any application for a public entertainment license shall identify the specific types and nature of entertainment intended, as well as specifically delineating and defining through an attached plan, the location of the proposed entertainment. The approval of a public entertainment license shall allow for those specific types of entertainment for which an application has been completed, and no other. Any type of equipment not regularly utilized at the location of the proposed entertainment or added directly as a result of this application must be approved by the town's building inspector.
(h)
The town council may specifically require the use of audio speakers with short throw symmetrical coverage unidirectional patterns and baffling to contain and mitigate the dispersion of amplified sound as a condition to the issuance or renewal of a public entertainment license.
(i)
The town council may also authorize the issuance of a public entertainment license to nonprofit community theater groups located in the town that have performances at the same location on a regular basis.
(j)
The granting of any license under this article does not obviate compliance with any and all other town ordinances and state laws which may be required as a result of any proposed event.
(Ord. of 12-3-12)
Sec. 6-122. - License application fee.#
(a)
The fee for an annual public entertainment license shall be $100.00 yearly.
(b)
A public entertainment license may be issued on a daily basis at a fee of $15.00 per day.
(c)
All fees shall be payable in full when the license is issued.
(Ord. of 12-3-12)
Sec. 6-123. - Waiver.#
The holder of a license issued to any outdoor amusement "park", outdoor "track", outdoor "recreational" site, "festival" site, "cultural event" site or other outdoor "entertainment" site pursuant to sections 6-91 through 6-119 may, upon sufficient proof, seek a waiver from the terms of this article which may be granted or withheld in the sound discretion of the town council after consideration thereof at any properly convened public meeting.
(Ord. of 12-3-12)
Sec. 6-124. - Annual license year.#
Each license under this article shall remain in force for a period of one year starting April 1 and ending March 31 the following year.
(Ord. of 12-3-12)