ARTICLE XII. - PUBLIC ENTERTAINMENT SHOW, EXHIBITIONS AND ENTERTAINMENT

Sec. 11-357. - Intent.#

The purpose of this article is to protect the public health, safety and general welfare through the regulation of public entertainment. As used in this article the term "public entertainment" shall mean any gathering at which music or entertainment is provided. For purposes of this article public entertainment shall be defined to include, but is not limited to, live musical or oral performances, theatrical performances, dance, concert, carnival, circus, professional sporting events, shows or exhibitions, held indoors or out of doors, to which members of the public are invited or admitted for a charge, or free of charge.

(Ord. of 10-19-2004)

Sec. 11-358. - Licensing requirements.#

(a)

No person or organization doing business in the town, which holds a Sunday selling license, victualing license and/or an alcoholic beverage license, shall conduct or operate indoor or outdoor public entertainment without first obtaining a public entertainment license. In addition, any person or organization holding a public entertainment event that may include more than one hundred (100) persons must obtain a public entertainment license. The town council shall set conditions for issuance of said license.

(b)

Any person or organization applying for a public entertainment license shall file an application in a form, approved by the town clerk, at least fourteen (14) days prior to the town council meeting at which it shall be considered. Prior to the issuance of a public entertainment license by the town council, it shall be the duty of the police chief and fire chief to determine whether or not the assignment of a detail police officer(s) or detail firefighter(s) is needed. Upon receipt of an application of a public entertainment license, the town clerk shall notify the police chief and fire chief, who shall make such determinations and notify in writing the town clerk and town council accordingly.

(c)

The license granted hereunder shall not permit such entertainment to extend beyond the authorized time of such victualing or Sunday selling license. In the case of an alcoholic-beverage license entertainment shall not extend past midnight, unless otherwise determined by the town council. Outside entertainment shall cease at a time specified by the town council at the issuance of the license.

(d)

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.

(e)

Any application for a public entertainment license shall identify the specific types and nature of entertainment intended. 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.

(f)

Once a license has been granted by the town council, the applicant must request issuance of the license from the town clerk within thirty (30) days. If the applicant has not contacted the town clerk and secured the license in this time, the license shall be revoked.

(g)

The license must be displayed by the applicant at the location where entertainment has been approved. The license must be easily observed by patrons and town officials.

(Ord. of 10-19-2004)

Sec. 11-359. - Compliance with other laws.#

(a)

No licenses shall be issued or renewed to any applicant currently in arrears in any tax or assessments levied to the town at the time of the filing of the application. The applicant shall submit proof that all such taxes and assessments have been paid at the time the application was filed.

(b)

No licenses shall be issued or renewed by the town council until the applicant shall show that the proposed entertainment and the premises to be used for the entertainment complies with all applicable federal, state, and local laws relative to health, safety and welfare of the public, including, but not limited to, zoning, traffic, parking, fire protection.

(c)

If the entertainment being licensed is to be held in a place of business that has a license to sell alcoholic beverages, the licensee must comply with all provisions of Chapter 63, Alcoholic Beverages, Article III, Liquor License Rules and Regulations.

(Ord. of 10-19-2004)

Sec. 11-360. - License application fees.#

(a)

The town council is authorized to issue annual entertainment licenses, for the purposes of persons who desire to promote a regular series of performances regulated by this article through the calendar year. The fee for an annual public entertainment license shall be fifty dollars ($50.00) yearly.

(b)

A public entertainment license may be issued on a daily basis at a fee of fifteen dollars ($15.00) per day.

(c)

The license shall be issued at time of payment, provided that all conditions and requirements for issuance have been met.

(Ord. of 10-19-2004)

Sec. 11-361. - Annual license year.#

The annual entertainment license year shall be from December 1 through November 30.

(Ord. of 10-19-2004)

Sec. 11-362. - Waiver.#

The town council may, upon good cause shown, waive licensing requirements of this article consistent with public health, safety and welfare.

(Ord. of 10-19-2004)

Sec. 11-363. - Enforcement; violations and penalties.#

(a)

Any person or organization violating any sections of this article shall be subject to the imposition of a sentence or fine not less than two hundred fifty dollars ($250.00) and not more than five hundred dollars ($500.00) as determined municipal court. The continuation of a violation of any provision of this article shall constitute a separate and distinct violation hereunder.

(b)

Upon complaint, the town council shall designate a public safety official to investigate. If a formal complaint is brought by a public safety official the town council shall hold a show-cause hearing to determine if a violation of the license, or any conditions thereto, has occurred. After hearing, the town council may, if it finds that a violation has occurred, take disciplinary action against the licenses holder, including, but not limited to, suspension and/or revocation of the license; referral of case to municipal court.

(Ord. of 10-19-2004)