Chapter 3 - AMUSEMENTS AND ENTERTAINMENT

ARTICLE I. - AMUSEMENTS AND OUTDOOR RECREATIONAL, ENTERTAINMENT, CULTURAL EVENTS AND FESTIVALS#

Sec. 3-1. - Definitions.#

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Outdoor entertainment or outdoor recreational site means any lot, tract, or parcel of land which is used to provide an outdoor recreational, entertainment, cultural event or festival and includes amusement parks and vehicle tracks.

Multi-event license means a license issued under the provisions of this chapter to an applicant other than an amusement park or vehicle track, for two (2) or more events planned during a single calendar year beginning January 1 and ending December 31.

(Ch. 40, § 11, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)

Sec. 3-2. - License required.#

No person shall operate any outdoor recreational site without first obtaining a license unless otherwise provided herein.

(Ch. 40, § 1, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)

Sec. 3-3. - Application for license.#

Application for the initial issuance of a license required by the provisions of this chapter shall be made in writing to the town council and shall be accompanied by the following: (1)

A legal description of the proposed location of such outdoor entertainment site, and a plat of such proposed location prepared by a licensed engineer or surveyor showing the names of all adjoining property owners and the names of all property owners within two hundred (200) 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 and directors.

(3)

The names and addresses of the promoters/sponsors of an outdoor recreational site and if a corporation, the names and addresses of all its officers 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 outdoor recreational site.

(6)

A filing fee of one hundred dollars ($100.00) to cover the costs of advertising, sending notice, and administering such application. Non-profits and other groups the Hopkinton Recreation Department sponsors, co-sponsors or conducts shall be exempt from section 3-3(6).

(7)

For all multi-event licenses, the applicant must separately list with specificity the details for each proposed event, including but not limited to the following:

a.

The date or dates;

b.

The activities to occur at the event including whether live or any other type of entertainment will take place and/or if any sound projection/amplification equipment will be used;

c.

Any other planned activities involving unusual or loud noises including but not limited to fireworks displays;

d.

Activities involving the use of flames or flammable materials;

e.

The proposed hours for each event.

(Ch. 40, § 2, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15; Ord. No. 241, 7-20-15)

Sec. 3-4. - Time frame for filing license application.#

An application for the initial issuance of a license under the provisions of this chapter should be filed at least three (3) weeks prior to the regularly scheduled town council meeting at which hearing on such application is sought.

(Ch. 40, § 3, 8-2-76; Ch. 240, 2-2-15)

Sec. 3-5. - Notice of license application.#

Upon the receipt of an application for a license required by the provisions of this chapter 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 3-3(1). Such notice shall be sent at least one (1) week 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 of hearing on the Chariho page of the Westerly Sun newspaper or other equivalent publication at least one (1) time no later than one (1) week before the date set for said hearing.

(Ch. 40, § 4, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)

Sec. 3-6. - Issuance of license, conditions.#

After hearing upon an application for initial issuance of a license required by the provisions of this chapter 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)

That the applicant secure a public liability insurance in lieu of such other liability insurance as is deemed necessary and a performance bond as set by the council under the circumstances in an amount which is deemed reasonable by the town council.

(2)

That the applicant provide adequate parking facilities.

(3)

That the applicant provide adequate sanitary facilities for the patrons of such outdoor entertainment site.

(4)

That the applicant operate the outdoor recreational site only within times and dates as set forth in the application or as otherwise determined by the town council.

(5)

That the applicant provide such first-aid facilities and safety measures as shall be deemed necessary by the town council.

(6)

That the applicant provide an appropriate police presence as determined by the town council upon consultation with the chief of police.

(7)

That the applicant 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 that each such vehicle be equipped with a muffler.

(8)

That the applicant provide adequate lighting where night operation is sought.

(9)

That the applicant use the outdoor entertainment site only for certain amusements, vehicles or entertainments as specified by the town council.

(10)

Such other conditions as the town council deems necessary for the protection of the patrons of such outdoor entertainment; and/or the health, safety, welfare and protection of the public, adjoining and nearby landowners and nearby inhabitants.

(Ch. 40, § 5, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)

Sec. 3-7. - License fee, expiration, renewal.#

(a)

The license fee for an outdoor recreational, entertainment cultural event or festival shall be one hundred dollars ($100.00) for a single event and two hundred dollars ($200.00) for a multi-event license which fee shall be paid upon issuance of the license and which license shall expire upon the closing of the outdoor recreational, entertainment, cultural event or festival or, in the case of a multi-event license, upon the closing of the final permitted event within the calendar year.

(b)

The license fee for an amusement park or vehicle track or similar business shall be three hundred dollars ($300.00) annually.

(Ch. 40, § 6, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)

Sec. 3-8. - Revocation, suspension of license.#

After hearing, the town council may revoke or suspend the license of any outdoor recreational site upon determination of the following: (1)

That the licensed event does not conform to the specifications as set forth in the application for a license.

(2)

That the applicant and/or operator of the event has violated the terms and conditions of its license or this chapter or any other applicable ordinance, statue or law.

(3)

That the operator of such entertainment site has sold or has permitted to be sold any liquor, wine, beer or narcotic on the premises.

(4)

That the operator of such entertainment site has permitted solicitation of prostitutes, or gambling on the premises

(5)

That the licensed event does not conform to the health regulations for such entertainment sites established by the state.

(6)

That the licensed event or the entertainment site is operated in such a way as to constitute a nuisance or that the operator of such site has maintained or permitted a nuisance on the premises.

(7)

That a licensed event does not conform to the description of the event as stated in the application.

(8)

That the applicant was dishonest or made misrepresentation in its application or in statements made to the town to obtain the license.

(Ch. 40, § 7, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)

Sec. 3-9. - Revocation, suspension of license.#

After hearing, the town council may revoke or suspend the license of any amusement park, vehicle track, or outdoor entertainment site upon determination of the following: (1)

That the park or entertainment site does not conform to the specifications as set forth in its application for a license.

(2)

That the park or entertainment site has violated the terms and conditions of its license or this chapter or any other applicable ordinance, statue or law.

(3)

That the operator of such park or entertainment site has sold or has permitted to be sold any liquor, wine, beer or narcotic on the premises.

(4)

That the operator of such park or entertainment site has permitted solicitation of prostitutes, or gambling on the premises.

(5)

That the park or entertainment site does not conform to the health regulations for such parks or entertainment sites established by the state.

(6)

That such park or entertainment site is operated in such a way as to constitute a nuisance or that the operator of such park or site has maintained or permitted a nuisance on the premises.

(7)

That a licensed park or entertainment site does not conform to the description of the activities as stated in the application.

(8)

That the applicant was dishonest or made misrepresentation in its application or in statements made to the town to obtain the license.

(Ch. 40, § 8, 8-2-76; Ch. 240, 2-2-15)

Sec. 3-10. - License not defense to legal procedures.#

The issuance of a license for the operation of an outdoor recreational site shall in no way be construed as an abridgement of the right of any person to prosecute legal action against the promoters/sponsors of an outdoor recreational site on the grounds that such outdoor entertainment constitutes a nuisance. It is not the intention of this chapter that the granting of such license shall in any way affect the question of whether such outdoor entertainment constitutes a nuisance as to any individual.

(Ch. 40, § 13, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)

Sec. 3-11. - Waiver of requirements.#

(a)

The town council may waive any or all of the requirements of this chapter including but not limited to the requirements for publication of notice and hearing where the applicant is a nonprofit, charitable, or religious institution or organization, and/or the proposed event is of no more than two-day duration.

(b)

When a single event or multi event is sponsored, co-sponsored or conducted by the recreation department and the event or events are being held at recreational facilities owned and operated by the Town of Hopkinton, publicized notice and notice to abutting property owners is not required. License fees and application fees are waived. An approved field request form from the recreation department and proof of liability insurance with the Town of Hopkinton named as additional insured is to accompany the single event or multi-event application.

(Ch. 40, § 13, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15; Ch. 241, 7-20-15)

Sec. 3-12. - Penalty for violation.#

Any person violating any of the provisions of this chapter shall be fined not more than one hundred dollars ($100.00) per day and each day's violation shall be considered a separate offense.

(Ch. 40, § 9, 8-2-76; Ch. 240, 2-2-15)

Secs. 3-13—3-25. - Reserved.#

ARTICLE II. - INDOOR MUSICAL ENTERTAINMENT#

Sec. 3-26. - Purpose.#

The purpose of this article is to protect the public health, safety and general welfare through the regulation of indoor musical entertainment presented to the public in the Town of Hopkinton.

(Ch. 192, 11-18-06)

Sec. 3-27. - Definitions.#

As used in this article, the following terms shall have the meanings indicated:

Indoor public musical entertainment. Any gathering at which music is provided by professional or amateur performers or by pre-recorded means for commercial purposes which is held within a building or permanently enclosed structure to which the public is invited.

(Ch. 192, 11-18-06)

Sec. 3-28. - License required.#

No business, being in possession of a class B, class BV or class BVL liquor license privilege, shall hold or conduct any indoor musical entertainment for the public without first obtaining a license from the town council.

(Ch. 192, 11-18-06)

Sec. 3-29. - Application information.#

Any person applying for such a license shall file an application on a form approved by the town council. The application for permit shall set forth the following information and such other information as may be reasonably 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 date or dates and hours during which the proposed indoor musical entertainment is to be conducted.

(3)

The nature and types of musical entertainment that will occur.

(4)

The approximate number of spectators and participants reasonable expected to be present or participate in the musical event.

(5)

The exact location of the musical event including the exact size and dimensions of the musical entertainment area.

(6)

The location and number of health and sanitation facilities.

(Ch. 192, 11-18-06)

Sec. 3-30. - Payment of taxes and proof of zoning compliance required.#

Any person applying for an indoor musical entertainment license shall show that all town taxes due to date have been paid and all zoning requirements met for the premises on which the musical entertainment is to be held for the property to be used as associated parking facilities.

(Ch. 192, 11-18-06)

Sec. 3-31. - Restrictions made by town council.#

(a)

The zoning official, police chief or fire chief may restrict the number of persons allowed in the entertainment area as is deemed necessary for the protection of the public health, welfare and safety.

(b)

In granting a license under this article, the town council may make such restrictions as it deems necessary for the protection of the public health, welfare and safety, for the prevention of nuisances, excess noise and maintenance of public peace.

(Ch. 192, 11-18-06)

Sec. 3-32. - Police protection.#

The chief of police shall determine whether and to what extent additional police protection reasonable will be required for the event or entertainment area for purposes of traffic, crowd control and security. In making this determination, the chief of police shall consider those facts set out in the application for permit. If additional police protection for the event is deemed necessary by the chief of police, he shall so inform the applicant for the permit. The chief of police shall provide the number of police officers determined to be necessary. All police officers so assigned or provided shall be at the sole expense of the applicant, and such expense shall be prepaid by the applicant before a permit or license may be issued.

(Ch. 192, 11-18-06)

Sec. 3-33. - Action on application.#

Upon receipt of a properly prepared application and fee, the town clerk shall forward copies of the application to the town manager, the chief of police, the building and zoning official, the fire department as well as such other public officials as the town manager may deem necessary. Such officials shall review and investigate matters relevant to the application and, within fourteen (14) days of the receipt thereof, shall make any pertinent reports, comments or recommendations about the application to the town council in writing.

(Ch. 192, 11-18-06)

Sec. 3-34. - License fee.#

The fee for a license for indoor musical entertainment shall be waived.

(Ch. 192, 11-18-06)

Sec. 3-35. - Term and expiration of license.#

The term and expiration for a license for indoor musical entertainment shall be for a period of one (1) year to coincide with annual liquor license renewal hearings.

(Ch. 192, 11-18-06)

Sec. 3-36. - Places license to sell alcoholic beverages.#

If the entertainment being licensed is to be held in a place of business that has a license to serve alcoholic beverages, the licensee shall not permit the musical entertainment to continue beyond the authorized closing time.

(Ch. 192, 11-18-06)

Sec. 3-37. - Compliance with law.#

(a)

Every application for a license under this article shall comply with all laws of the State of Rhode Island applicable to the aforementioned performance, including all laws and ordinances of the Town of Hopkinton.

(b)

This article shall be construed in such a manner so as to not be in conflict with the adult entertainment ordinance, and if any such conflict should arise, it is the intent of the town council that the adult entertainment ordinance shall control any ambiguous construction herein.

(Ch. 192, 11-18-06)

Sec. 3-38. - Revocation of license.#

Any license granted under this article I, may be revoked by the town council, after public hearing for cause shown.

(Ch. 192, 11-18-06)

Sec. 3-39. - Violations and penalties.#

Any person who shall violate any provision of this article shall, upon conviction thereof, be punished for each violation by a fine of not more than five hundred dollars ($500.00). 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.

(Ch. 192, 11-18-06)