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52

ARTICLE VII. - PUBLIC ENTERTAINMENT

Part of the Code of Ordinances of Scituate, RI.

Local law · Updated January 8, 2004 · 584 sections

The text

Sec. 6-156. - License required.#

It shall be unlawful for any person to conduct or operate any entertainment or amusement within the town which is open to the public and for admittance to which a fee is charged, without having first secured a license therefor from the town council.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 1)

Sec. 6-157. - Application for license.#

Written application for a license required by this article shall be made to the town clerk. Each application shall specify the name and address of the applicant, the nature, location and date of the proposed entertainment, as well as what provisions will be made for medical assistance, fire protection, police protection, parking facilities, protection of neighboring property, crowd control, sanitary facilities and sufficient food and water.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 2)

Sec. 6-158. - Hearing on application, notice.#

Upon receipt of an application for a license under this article, the town clerk shall assign it for hearing before the town council and shall cause notice of such hearing to be published in the Providence Journal or Bulletin at least once, one (1) week prior to the hearing date. Such notice shall state the name and address of the applicant, the nature and date of the proposed entertainment, and a description of the particular location for which the license is requested. Such notice shall also state that remonstrants are entitled to be heard before the granting of such license and shall name the time and place of the hearing. Furthermore the town clerk shall give similar notice by regular mail at least one (1) week prior to the hearing to the owners of all property within three hundred (300) feet of the perimeter of the premises in or on which the entertainment is sought to be located. The town clerk shall also give similar notice to the chief of police at least one (1) week prior to the hearing.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 3)

Sec. 6-159. - Objection by neighbors.#

Any owner or occupant of premises within one-fourth of a mile of the location of the proposed entertainment shall be entitled to remonstrate and to be heard.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 4)

Sec. 6-160. - License fee.#

Each applicant for an entertainment license shall pay to the town clerk, upon filing his application, a license fee of one hundred dollars ($100.00), and shall also pay the expenses of the notice to be given by the town clerk as above specified. In the event that, after hearing, any application for an entertainment license is denied, the town clerk shall refund the applicant the one-hundred-dollar filing fee.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 5)

Sec. 6-161. - Conditions for issuance.#

The town council shall conduct a hearing upon each application for an entertainment license. The town council may grant such a license only if it shall find that the proposed entertainment would not constitute a public nuisance and if it shall find that the applicant has made adequate provisions for medical assistance, fire protection, police protection, parking facilities, protection of neighboring property, crowd control, sanitary facilities, sufficient food and water, and the like. In no event shall any entertainment license be issued without a certificate from the zoning inspector that such entertainment is a permitted use on the premises either pursuant to the zoning ordinance of the town or by a final decision of the zoning board of review of the town with respect to an application for a variance or special exception.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 6)

Sec. 6-162. - Notice to police; police supervision.#

The town clerk, upon the granting by the town council of a license under this article, shall forthwith notify the chief of police of the granting of such license, the time and place that such public entertainment will occur, and deliver to the chief a copy of the license so granted. The chief of police shall assign a police officer or constable who shall be present at the premises at all times when the premises are used for such public entertainment, provided, however, that the licensee shall pay for the services of such police officer or constable at the then prevailing rate therefor. The licensee shall also be required to pay for all other special expenses incurred as a result of the granting of the license. The agreement by the licensee to pay the expenses hereinabove set forth shall be a condition to the granting of the license by the town council.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 7)

Sec. 6-163. - Issuance restricted.#

No entertainment license shall be issued to any applicant currently in arrears in any tax or assessment levied by the town, or for use upon any premises for which any such taxes or assessments are unpaid at the time of the filing of the application. The applicant seeking such license shall submit a certificate from the tax collector that all such taxes and assessments have been paid at the time the application is filed.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 8)

Sec. 6-164. - Penalty for violation.#

Any person violating any of the provisions of this article shall be fined in accordance with section 1-4. Each day of the existence of a violation shall be deemed a separate offense. In addition, any violation of this article shall be grounds for revocation of the entertainment license.

Comment Text (parent not a footnote)(Ord. of 10-8-81, § 9)

Sec. 6-165. - Nudity on premises where alcoholic beverages are offered for sale.#

(a)

Pursuant to R.I.G.L. § 3-7-7.3 and with reference with any and all Class B license holders:

(1)

It shall be unlawful for any holder of any Class B license maintaining, owning, or operating a commercial establishment located within the town, to suffer or permit any:

a.

Female person, while on the of such commercial establishment, to expose to the public view that area of the human female breast at or below the areola thereof.

b.

Female person, while on the premises of such commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection(1)a.

c.

Person, while on the premises of such commercial establishment, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage.

d.

Person, while on the premises of such commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, anal cleft and cleavage.

(2)

It shall be unlawful for any female person while on the premises of any Class B license holder located within the town, to expose to public view that area of the human female breast at or below the areola thereof or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein.

(3)

It shall be unlawful for any person while on the premises of any Class B license holder located within the town, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, or anal cleft or cleavage.

(b)

With reference to any and all other license holders;

(1)

It shall be unlawful for any person maintaining, owning, or operating a commercial establishment located within the town at which alcoholic beverages are offered for sale for consumption on the premises, to suffer or permit any:

a.

Female person, while on the premises of such commercial establishment, to expose to the public view that area of the human breast at or below the areola thereof.

b.

Female person, while on the premises of such commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection (1)a.

c.

Person, while on the premises of such commercial establishment to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage.

d.

Person, while on the premises of such commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, anal cleft and cleavage.

(2)

It shall be unlawful for any female person, while on the premises of a commercial establishment located within the town at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof or to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein.

(3)

It shall be unlawful for any person, while on the premises of a commercial establishment located within the town at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus, or anal cleft or cleavage, or to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, or anal cleft or cleavage.

(c)

Any person who shall violate any provision of this section shall be guilty of an offense against the town punishable as provided in section 6-164

(d)

If any provision of this section, or its application to any person or circumstances, shall be held invalid, the remainder of the section, or the application of the provision to other persons or circumstances shall not be affected.

(e)

If the owner, operator, licensee, lessor, lessee, manager, employee or any other person participating in the operation of the establishment located within the town at which alcoholic beverages are offered for sale for consumption on the premises shall violate or be in violation of any of the provisions of this section, the town council shall revoke the license for such establishment after giving reasonable notice thereof to the holder of such license and affording the holder an opportunity to be heard as to why the revocation shall not be issued.

Comment Text (parent not a footnote)(Ord. of 11-9-95(2), §§ 1—3; Ord. of 3-11-99, § 1)

Secs. 6-166—6-180. - Reserved.#