The text
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)