ARTICLE I. - IN GENERAL
ARTICLE II. - DRIVE-IN THEATERS
ARTICLE III. - PUBLIC INDECENCY
FOOTNOTE(S):
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Cross reference— Fees for licenses and permits generally, Ch. 6½. (Back)
Sec. 2-2. Certain organizations exempt.
Sec. 2-4. Application and review.
Sec. 2-6. Revocation of license.
The owners or operators of all amusement and entertainment establishments, including, but not limited to, street parades, carnivals/circuses, golf clubs, skating rinks, bowling alleys and dining establishments offering entertainment and/or dancing, shall obtain a license as herein provided from the Selectboard.
(Ord. of 9-4-79, § 1)
Sec. 2-2. Certain organizations exempt.
This Ordinance shall not apply to the establishments operated wholly by and for the benefit of churches, fire companies, schools, service or fraternal organizations, and for other charitable purposes.
(Ord. of 9-4-79, § 2)
The license periods shall be from June 1 to May 31 annually:
(a) Limited term licenses shall be for a period less than thirty (30) days in any one-year period.
(b) The permit fee shall be listed in the Fee Ordinance, Chapter 6½.
(Ord. of 9-4-79, § 3; Ord. of 1-12-88)
Sec. 2-4. Application and review.
Applications must be submitted to the Town Clerk's office with the accompanying fee by May 15, annually and shall state:
(a) The name and address and phone number of applicant.
(b) Location and name of premises.
(c) A detailed description of the type of activity for which permit is sought.
(d) Hours and dates of operation.
(e) Any special conditions or provisions to address parking, traffic, sanitary or security requirements.
(Ord. of 9-4-79, § 4)
(a) The Selectboard of the Town shall issue a license hereunder whenever it finds the operation of the establishment will not adversely affect the health, safety, and welfare and morals of the general public and citizens of Colchester.
(b) The Selectboard may attach conditions and stipulations to a permit as may be required under the following criteria:
(1) Effect of hours of operation, lights, sounds, volume of people and other aspects on the character, appearance, and habits of the neighboring area;
(2) Effect on highway use and congestion; and
(3) Burden on the ability of the local governments to provide municipal or governmental services.
(c) No permit shall be issued unless such proposed use conforms to applicable zoning requirements.
(Ord. of 9-4-79, § 5; Ord. of 1-12-88)
Sec. 2-6. Revocation of license.
The Selectboard shall, after a public hearing, have power to revoke any licenses issued hereunder should any of the provisions of this Article be violated. In the event of the revocation of any license by the Selectboard, the premises upon which such licensed business has been conducted shall not be eligible to receive another license hereunder for a period not to exceed two (2) years from the date of revocation.
(Ord. of 9-4-79, § 6)
FOOTNOTE(S):
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Editor's note— An ordinance adopted Sept. 4, 1979, deleted §§ 2-1, 2-2, relative to general regulation of amusements and permit requirements therefor. Said sections derived from a motion of June 9, 1960. At the editor's discretion, §§ 1—6 of the ordinance of Sept. 4, 1979, have been codified as §§ 2-1—2-6. (Back)
Sec. 2-21. Standards of operation.
No person shall construct, operate or maintain a drive-in theater within the Town without first obtaining a license as hereinafter provided from the Selectboard.
(Ord. of 9-2-75, § 1)
For the purposes of this Article, a drive-in theater is defined as any premises in which motion pictures are projected upon a screen or theatrical performance given for viewing by patrons seated in automobiles or other vehicles, and for which an admission charge is made.
(Ord. of 9-2-75, § 2)
Applications for licenses hereunder shall be made upon blank forms prepared and made available at the Town Clerk's office and shall state:
(a) The name, home address and proposed business address of the applicant;
(b) The name, home address and proposed business address of the owner of the premises;
(c) The number of automobiles or other vehicles which the drive-in theater is designed to accommodate;
(d) The proposed hours of operation for said drive-in theater. In addition, any application pursuant to this Article shall be accompanied by a plat or drawing of said drive-in theater showing its location, size, capacity and the location and size of entrances and exits; the kind of ground surface; location, size and construction of all structures; and location, size and construction of all walls, fences or barriers surrounding said premises.
(Ord. of 9-2-75, § 3)
The permit fee shall be as listed in the Fee Ordinance, Chapter 6½.
(Ord. of 9-2-75, § 4; Ord. of 1-12-88)
The Selectboard of the Town shall issue a license hereunder whenever it shall find that the applicant is of good moral character and capable of operating the proposed business in a manner consistent with the public safety, health and morals, and that the requirements of this Article and of all state statutes have been met and complied with.
(Ord. of 9-2-75, § 5)
Sec. 2-21. Standards of operation.
The holder of a license pursuant to this Article shall comply with the following requirements and standards of operation:
(a) The licensee shall maintain quiet and good order upon the premises where any drive-in theater is operated, and loitering shall not be permitted in or about the entrances to or exits from such theater.
(b) The licensee shall not exhibit a motion picture, show or other presentation in violation of the provisions of Title 13 V.S.A. Chapter 63.
(c) The projection of motion pictures to cease at 1:30 a.m. each day.
(d) The licensee shall provide access available to public streets or other public ways from at least two (2) points at all times. Such means of access shall be kept clear by the licensee at all times to facilitate departure of persons in vehicles and to permit entrance of fire apparatus or ambulances in case of emergency.
(e) All drives and areas used by vehicles at such accesses must be satisfactorily paved by the licensee or treated to avoid creating dust. The licensee shall keep all means of access adequately lighted at all times when open to the public.
(f) The licensee at all times when a drive-in theater is open to the public shall provide an adequate number of attendants on duty at all times who shall patrol exits and entrances and parking spaces to see that order is maintained, that disorderly conduct is prevented, and that entrances and exits are kept free from congestion, and that this Article and all governing statutes pertaining to drive-in theaters are observed.
(g) The licensee shall not operate the facility unless the premises are constructed and maintained in such a manner that any motion pictures exhibited therein are over half obscured from visibility from any surrounding residence and public highway by fencing and/or trees.
(h) The licensee shall provide individual speakers for each automobile and no central loudspeaker shall be permitted by the licensee.
(Ord. of 9-2-75, § 6)
The violation of any provision of this Article shall constitute grounds for the revocation of said license by the Selectboard.
(Ord. of 9-2-75, § 7)
FOOTNOTE(S):
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Editor's note— An ordinance of Sept. 2, 1975, did not specifically amend the Code; hence inclusion of §§ 1—7 as Art. II, §§ 2-16—2-22, was at the editor's discretion. It should be noted that § 9 of the ordinance repealed any parts of a motion of June 9, 1960, codified as §§ 2-1, 2-2, that conflict with the new drive-in theater regulations. Said §§ 2-1, 2-2 were subsequently repealed by an ordinance of Sept. 4, 1979. (Back)
Sec. 2-34. Public indecency prohibited.
Sec. 2-35. Penalty for violations.
This Article is enacted pursuant to the authority granted the Town to promote the public health, safety, welfare, and convenience contained in Section 103 of the Town of Colchester Charter.
(Ord. of 11-26-96)
It is the purpose of this Article to regulate public indecency, including public nudity, which is deemed to be a public nuisance.
(Ord. of 11-26-96)
(a) Nudity shall mean the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion of the nipple, or the depiction of covered male genitals in a discernibly turgid state. This definition shall not include the natural act of a female breast feeding her infant.
(b) Public place shall mean a place visited by many persons and usually accessible to the neighboring public.
(Ord. of 11-26-96)
Sec. 2-34. Public indecency prohibited.
(a) No person shall knowingly or intentionally in a public place:
(1) Engage in sexual intercourse;
(2) Appear in a state of nudity;
(3) Fondle his/her genitals;
(4) Fondle the genitals of another person; or
(5) Use technology to display any of the above acts.
(b) No person who owns, leases or controls property shall knowingly allow any person to engage in the conduct described in subsection (a) above at any time such property is open to the public.
(Ord. of 11-26-96)
Sec. 2-35. Penalty for violations.
Any person, firm or corporation violating any provision of this Article shall be fined pursuant to Section 1-9. Each day in which any such violation shall continue shall be deemed a separate violation.
(Ord. of 11-26-96)
In addition to the enforcement procedures available before the Vermont Judicial Bureau, the Town Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law.
(Ord. of 11-26-96)