ARTICLE I. IN GENERAL
4-1—4-3 Reserved.
Editor’s note—Sections 4-1—4-3, containing general provisions relative to carnivals, circuses and public dances, and derived from Rev. Ords. 1962, §§ 1341—1344, 1461—1463, were repealed by an ordinance of Jan. 30, 1986.
4-4 Street musicians and entertainers.
(a) License required. No person shall play any musical instrument or perform other entertainment such as dance or mime for remuneration on any street unless duly licensed as provided by Section 19-1 et seq., except as hereinafter provided.
(b) Fees. The fee for a street musician or street entertainment group license required by this section shall be as follows:
(1) Within the Church Street Marketplace District. On or before June thirtieth of each year, the city council, upon the recommendation of the Church Street Marketplace Commission, will set fees for Marketplace street musicians and entertainers for the ensuing year commencing July first.
(2) For all other places within the city limits:
|
One day |
$1.00 |
|
One week |
3.00 |
|
One year |
10.00 |
(c) Church Street Marketplace street musicians and entertainers. Within the marketplace, no person shall play any musical instrument or perform other entertainment such as dance or mime for remuneration unless duly licensed as provided herein by the Church Street Marketplace Commission.
(1) Application. Before a street musician license or street entertainer license shall be granted, the applicant shall file a signed application therefor with the Church Street Marketplace District administrator, said application to be in a form prescribed by the commission.
(2) Fee. The fee for such license shall be paid to the administrator at the time of application. Said fee shall be refunded in the event no license is granted. All fees so received shall be delivered to the city treasurer for deposit in the account(s) maintained for the operation of the Church Street Marketplace.
(3) Grant of license. All licenses shall be granted by the commission; provided, that the commission shall limit such issuance to ensure that no more than eight (8) street musicians or entertainers shall be in the marketplace at one time; and provided further, that the commission may refuse to grant a license if it finds in its discretion that issuance to the applicant would jeopardize the public health, safety or general welfare. In granting such licenses, the commission shall have the authority to designate specific sites for each street musician or entertainer.
(4) Revocation. Any license may be revoked by the commission if it finds in its discretion that continued operation by the licensee would jeopardize the public health, safety or general welfare. In the event of revocation, the administrator shall immediately notify the licensee in person, or by mail sent to his or her last known address, of the revocation and reasons therefor. Upon sending such notice, all rights arising from said license shall terminate.
(5) License. The administrator shall furnish each licensee with a license certificate and the licensee shall exhibit the same in a conspicuous fashion on or about his or her person while operating in the marketplace.
(6) Temporary licenses. If the administrator finds that all conditions requisite to the issuance of a regular license have been met, she or he may, but need not, grant a temporary license upon payment of the fee prescribed above. Such temporary license shall be effective for no more than thirty (30) days, during which time the commission may revoke said permit pursuant to subsection (4) above.
(7) Regulations. The commission shall have the authority to adopt any regulation, consistent with this section, to fulfill the purpose of this section and to protect the public health, safety and general welfare.
(Rev. Ords. 1962, §§ 1501, 1502; Ord. of 3-20-78, § 1; Ord. of 10-24-83; Ord. of 10-7-85; Ord. of 5-5-97)
Charter reference—Power of city council to regulate, § 48(IV).
Cross reference—Disturbing the peace, § 21-13; loud radios and other sound-producing devices regulated, § 21-16.
State law reference—Authority of municipality to regulate, license, tax or prohibit concerts, 24 V.S.A. § 2291(11).
4-5—4-7 Reserved.
Editor’s note—An ordinance enacted Jan. 30, 1986, repealed the provisions formerly codified as §§ 4-5—4-7, derived from §§ 1281—1283, 1285, 1286, 1301—1304, 1551 and 1552 of the 1962 Revised Ordinances; § 1285 of the 1969 Cumulative Supplement; and § 1 of an ordinance of March 20, 1978, and containing general provisions relative to theaters, vaudeville shows, bowling alleys, shooting galleries, indoor skating rinks, billiard rooms and poolrooms.
4-8 Chapter not to be construed as making prohibited amusements legal.
Nothing in this chapter shall be construed to make legal or permit the licensing of any place of amusement in violation of any state law forbidding the same.
(Rev. Ords. 1962, § 1426)
4-9 Compliance with chapter and state law.
No license to operate an amusement shall be issued unless the applicant has complied with all the provisions and requirements of this chapter and any state law affecting the right to keep, operate and maintain such place of amusement.
(Rev. Ords. 1962, § 1426)
4-10 Penalties.
Any person violating any of the provisions of this chapter shall be fined in accordance with Section 1-9 and in addition shall forfeit his license.
(Rev. Ords. 1962, § 1427)