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)