§ 4-5. Application requirements.

Each application for a permit required by § 4-4 of this article shall contain and, where applicable, be accompanied by the following:

A. 

A statement of the purpose of the enterprise or organization sponsoring the amusement; a statement of the purpose of the amusement; the name, address, date of birth and social security account number of the individual manager or other person responsible for the same; a full description of the amusement activities and features to be offered; the date and location such amusement is to be held; and the portion of the sales price, percentage of the proceeds or other consideration or benefit the religious, fraternal, educational, political, veterans, firemen's, civic, nonprofit or charitable organization is to receive.

B. 

The name, address, date of birth and social security account number of individual exhibitors, vendors or entrepreneurs traveling or associated with such amusement enterprise.

C. 

Evidence of public liability insurance in limits of not less than $1,000,000 combined single limit for both bodily injury to or death of any one or more persons and for damage to or destruction of property or, in the case of an amusement which offers the use of a mechanical ride or rides to the public, evidence of public liability insurance in limits of not less than $1,000,000 combined single limit for bodily injury to or death of any one or more persons and for damage to or destruction of property.

(1) 

All insurance certificates shall include the Town of Brookhaven as an additional insured and shall be noncancellable without 15 days' prior written notice of cancellation to the Town Clerk.

(2) 

Evidence of an owners and contractors protective liability policy in limits of no less than $1,000,000 combined single limit, naming the Town of Brookhaven as the insured, shall be provided. The applicant shall provide the Town Clerk of the Town of Brookhaven with the original insurance policy for this coverage.

(3) 

The Town Clerk may require an applicant to supply additional insurance coverage where the minimum amounts stated herein are, in the opinion of the Town Clerk, insufficient for the risk undertaken.

D. 

Bond.

(1) 

At the discretion of the Town Clerk, either cash, a certified check or surety company bond in the sum of $5,000, or such lesser sum as determined by the Town Clerk, on condition that no damage will be done to any public places or adjoining private premises and that the applicant will not permit any litter or debris to remain upon any public place or private premises, which cash or check shall be refunded or surety company bond canceled upon certification to the Town Clerk by the Commissioner of the Department of Recycling and Sustainable Materials Management of the Town of Brookhaven that the premises on and around which the amusement was conducted are in satisfactory condition. In the event that the applicant shall neglect or refuse to restore the premises on and about which the amusement was conducted to the condition they were in prior to the conduct of such amusement, the Town Clerk may deduct the expenses of restoration or cleanup from the cash, certified check or bond posted hereunder.

[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]

(2) 

At the discretion of the Town Clerk, either cash, a certified check or surety company bond in the sum of $5,000, or such lesser sum as determined by the Town Clerk, may be required by the Town Clerk to insure the refund to the public of the proceeds attributable to advance ticket sales in the event that one or more performances of the amusement are canceled or that ticket holders are refused admission on account of limitations of seating or capacity limitations imposed by the permittee or any public safety official.

E. 

Written permission from the true owner of the premises upon which the proposed amusement is to be held, as indicated upon the latest tax assessment roll of the Town of Brookhaven, expressing the consent of such owner to the operation of the amusement on such premises. For outdoor shows, specify the highway or street in the Town of Brookhaven requested to be closed for the purposes of conducting the outdoor show and the duration in which said highway or street is to be closed.

[Amended 8-14-2007 by L.L. No. 18-2007, effective 8-20-2007]

Editor’s Note: Former Subsection F, Fee, added 9-1-1992 by L.L. No. 1992 and which immediately followed this subsection, was repealed 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017.