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TOWN OF COMOX
BYLAW NO. 1465
A BYLAW TO REGULATE PERFORMERS AND ENTERTAINERS WITHIN THE
TOWN OF COMOX
WHEREAS the Council of the Town of Comox is authorized, in accordance with the
Community Charter, to regulate business and the use of public places within the Town
of Comox;
AND WHEREAS the Council of the Town of Comox recognizes that talented
entertainers can contribute to a vibrant and healthy community environment, and wishes
to ensure that the performance of such entertainers does not conflict with persons living
and working in the areas where they may perform;
NOW THEREFORE the Town of Comox, in open meeting assembled, enacts as
follows:
1. Title
(1) This bylaw may be cited for all purposes as the "Comox Performers and
Entertainers Bylaw, 2005".
2. Definitions
(1) In this bylaw, unless the context otherwise requires
(a) "Audition Panel" means a panel of two or more officials of the Town of
Comox, or their designates, who select entertainers based on performance;
(b) "Council" means the Council of the Town of Comox;
(c) "entertainer" means a musician or performer who entertains the public in a
public place within the Town of Comox;
(d) "entertainment group" means two or more persons who are acting as an
entertainer;
(e) "Entertainment Application" means the application form for an Entertainment
Permit within the Town of Comox;
(f) "Entertainment Permit" means a current and valid permit issued by the
Town of Comox for the purpose of providing entertainment in public places;
Town of Comox
Bylaw 1465 - Performers and Entertainers
Page 2
(g) "park" means all public parks within the Town of Comox, including the
Comox Harbour Promenade;
(h) "parking lot" means every place to which the public has access or is invited
for the purpose of parking a vehicle;
(i) "public place" means every park, street and parking lot;
(j) "street" means every road, street, lane or right of way, including sidewalks
and boulevards, which is designed or intended for the use of the general
public; and
(k) "Town" means the Town of Comox;
3. Provision of Entertainment
(1) No person shall perform or otherwise provide entertainment in a public place
unless that person is the holder of a valid Entertainment Permit issued by the
Town pursuant to this bylaw.
(2) In the case of an entertainment group, no person shall perform or otherwise
provide entertainment in a public place unless his or her name is listed on the
Entertainment Permit issued to the group by the Town pursuant to this bylaw.
(3) No entertainer shall impede or obstruct any form of traffic, nor allow his or her
audience to impede or obstruct any form of traffic.
(4) No person shall perform or otherwise provide entertainment in any location
except as identified in Schedule B, attached to and forming part of this Bylaw.
(5) The Comox Noise Control Bylaw applies to the performance of an entertainer.
4. Entertainment Permit
(1) Each applicant for an Entertainment Permit must, in each year, fill out an
Entertainment Application, as shown in Schedule A, attached to and forming
part of this Bylaw.
(2) Each applicant for an Entertainment Permit must, in each year, audition before
the Audition Panel.
(3) In the case of a group Entertainment Permit, the Town reserves the right to limit
the number of performers to be included on any one Permit.
(4) No person shall perform or otherwise provide entertainment without having
possession of a valid Entertainment Permit.
Town of Comox
Bylaw 1465 - Performers and Entertainers
Page 3
(5) The Town may refuse to issue or renew an Entertainment Permit if one or more
persons named on that Permit has previously failed to comply with any condition
as set out in the Permit, or has any outstanding fines levied in accordance with
this Bylaw.
(6) An Entertainment Permit is not transferable.
(7) The Town may suspend an Entertainment Permit where its use may conflict with
another use of a public place.
(8) For an Entertainment Permit, the applicant must pay to the Town an amount, as
specified in the Comox Fees and Charges Bylaw.
5. Conditions of Entertainment Permit
(1) An Entertainment Permit is subject to certain conditions, which are attached to
and form part of the Entertainment Permit.
(2) The holder of an Entertainment Permit is permitted to perform or provide
entertainment in a public place in compliance with the conditions that form part
of the Permit.
(3) Failure to comply with any condition set out in an Entertainment Permit shall
render the Permit subject to immediate cancellation by the Town without prior
notice.
6. Contravention of Bylaw Provisions
(1) Any person who contravenes any provision of this Bylaw, including the
provisions of the Comox Noise Control Bylaw, shall be guilty of an offence and
shall, upon summary conviction thereof, be liable to a penalty not exceeding the
maximum provided under the Offence Act for each and every offence. Each
day that an offense continues shall constitute a separate offence against this
Bylaw.
(2) This Bylaw is designated under Section 264 of the Community Charter as a
bylaw that may be enforced by means of a Municipal Ticket Information in the
form prescribed, and in accordance with the Comox Ticket Information
Utilization Bylaw.
Town of Comox
Bylaw 1465 - Performers and Entertainers
Page 4
7. Adoption
(1) READ A FIRST AND SECOND time this
4th day of May
, 2005
(2) READ A THIRD time this
4th day of May
, 2005
(3) ADOPTED this
18th day of May
, 2005
"Dr. Jim Brass"
MAYOR
"Richard Kanigan"
CORPORATE OFFICER
Town of Comox
Bylaw 1465 - Performers and Entertainers
SCHEDULE A
APPLICATION FOR ENTERTAINMENT PERMIT
TOWN OF COMOX
1809 Beaufort Avenue
Comox, BC V9M 1R9
250 339-2202
Application must be completed in full. Permit Fee must accompany this application.
Applicant must supply two (2) pieces of identification, and one of the pieces must be government issued
picture identification. In the case of an application for a group Permit, the Manager of the group must
apply for this Permit.
PART A - ENTERTAINMENT PERMIT
Entertainer's/Group Manager's Name:
Entertainer's Address:
Entertainer's Phone Number:
Cell. Phone:
Emergency Contact Name:
Phone:
Entertainment Group Name:
Number of Performers:
Full Names and Addresses of all Group Members:
Name:
Address:
Name:
Address:
Name:
Address:
Name:
Address:
Type of Entertainment and description of repertoire:
How long do you want to have a permit for: 4 Months ($55.00)
One Year ($110.00)
Important: All statements made in this application are true and correct. I have read the Conditions of
this Permit (reverse) and will comply with them. Further, I will comply with all applicable bylaws in the
Town of Comox.
Signature of Applicant:
Date:
APPROVED BY:
DATE APPROVED:
PERMIT NUMBER:
VALID FROM:
TO:
Town of Comox
Bylaw 1465 - Performers and Entertainers
SCHEDULE A
PART B - CONDITIONS OF ENTERTAINMENT PERMIT
1.
This Permit must be validated by the Town of Comox before the persons named
on this Permit may perform or otherwise provide entertainment within the Town of
Comox.
2.
Entertainers must carry this original PAID Permit, and must produce it when
requested by the Town of Comox or RCMP. Duplication of this permit will be
subject to a charge of $10.00.
3.
Entertainers will not locate themselves so close to another entertainer as to
interfere with the other's performance.
4.
Entertainers will respect the right of businesses and residents to operate without
undue disturbance by entertainment outside their premises, and must leave a
location if requested to do so by a business or resident.
5.
Entertainers are not permitted to sell tapes, CDs or other merchandise. No
provision of personal service (such as face painting or hair wrapping) qualifies as
entertainment. No products may change hands.
6.
Entertainers are not permitted to use amplification, "boom boxes", recorded or
broadcast music, or other means of increasing the volume of their performances.
7.
Entertainers may only perform during the hours of 10:00 a.m. and 10:00 p.m.
8.
Entertainers are not permitted to play in any public park, except the Comox Marina
Park, and the Comox Harbour Promenade.
9.
Entertainers may play at any one location for a maximum of two (2) hours, and
then must move at least two (2) blocks away. Entertainers may not return to the
previous location on the same day.
10.
The Town is authorized to revoke an Entertainment Permit for cause. The RCMP
is authorized to suspend a Permit for cause.
Town of Comox
Bylaw 1465 - Performers and Entertainers
SCHEDULE B
Areas where Entertainers are permitted in the Town of Comox