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Terms Used In Vermont Statutes Title 20 Sec. 4509

  • assembly: means a gathering of 2,000 or more individuals in a public place that the general public is permitted or invited to attend, conducted or promoted for profit, whether or not a profit is actually returned, where persons are admitted on payment of cash, entry fees, advance subscriptions, or donations, or any thing of value. See
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Permit: means a written statement, issued by the Commissioner of Public Safety or his or her designee, authorizing the holding of a commercial public assembly under stated conditions as to time, place, and manner. See
  • Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See

§ 4509. Judicial order relating to an assembly

When a permit officer applies to the Superior Court for a restraining order, injunctive relief, or other order, or a person applies for judicial review under subsection 4508(b) of this title, the Court shall expedite the proceedings to afford timely relief, cause appropriate notice to be given, and hear the case without a jury. Evidence commonly relied upon by prudent individuals in the conduct of their affairs may be received. Upon a hearing, the Court may enter an order declaring no permit is required, grant the permit as requested, grant a permit upon specified conditions, or enjoin the holding of the assembly if there is a reasonable likelihood that the assembly will substantially harm public health or safety and this cannot be avoided by the imposition of conditions on the permit. (Added 1973, No. 181 (Adj. Sess.), § 9, eff. March 30, 1974.)