[HISTORY: Adopted by the Town Board of the Town of Lewisboro 4-2-1990 by L.L. No.
3-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 78.
It is hereby declared to be the policy of the Town of Lewisboro,
New York, that in order to preserve public peace and good order and
to safeguard the health, safety and welfare within the unincorporated
area of the Town of Lewisboro, it is necessary to regulate and control
the licensing, operation and conduct of cabarets so as to fix certain
responsibilities and duties upon persons owning, operating or controlling
such establishments.
As used in this chapter, the following terms shall have the
meanings indicated:
A business enterprise or establishment which provides or
permits any musical entertainment, by mechanical, electric or electronic
device, band, orchestra, musical instrument or otherwise; singing;
or dancing, in connection with the service of food or beverages for
gain or profit.
A person, persons, firm, partnership, corporation or association.
It shall be unlawful for any person to conduct, operate or maintain
within the Town of Lewisboro a cabaret without a license for that
purpose first being secured from the Town Board as hereinafter provided.
A.
Application for such license shall be made in writing on forms provided
by the Town Clerk and shall designate the location of such cabaret,
the name of the owner and the operator of the premises, the approximate
number of square feet in the room or rooms to be used for cabaret
purposes and the name and address of the applicant. If the applicant
is a club, organization, partnership, corporation or other business
entity, the application shall contain the names and addresses of the
officers thereof. Such application shall be accompanied by the license
fee hereinafter required.
B.
Said application shall be signed and duly verified by the applicant
before an officer authorized to administer oaths. No such application
shall be granted to conduct such cabaret on premises which do not
conform to the requirements of this chapter and all laws and regulations
of the State of New York, County of Westchester, and all laws and
regulations of the Town of Lewisboro.
Upon receiving an application for a license, as required by
the preceding section, the Town Clerk shall immediately submit the
application to the following: the Town of Lewisboro Police Department,
Building Inspector and Fire Inspector. The application shall not be
considered for approval by the Town Board until and unless a favorable
report, in writing, from each of the named officials or departments
shall have been received. In connection therewith, the Town of Lewisboro
Police Department shall satisfy itself as to the character and fitness
of the applicant and the public safety hazards involved; the Fire
Inspector, as to any existing violations or any potential fire hazards;
the Building Inspector as to the safety of the structure in which
the cabaret is to be conducted and as to compliance with state, county
and local building, sanitary and health laws. No office to which the
application is submitted for a report and recommendations shall delay
action thereon more than 30 days from the time it received the same.
If the Town Board is satisfied from its investigations and the
reports of the above-named officials or department that the applicant
for such license is of good character, that the premises sought to
be licensed are of such a nature as to be safely used for the purpose
of conducting a cabaret therein and that the conduct and operation
of said cabaret will not unreasonably disturb or annoy the owners
and occupants of the premises in the vicinity thereof, said Town Board
shall direct the Town Clerk to issue to such applicant a license for
such cabaret upon payment by the applicant to the Town of the fee
hereinafter provided.
A.
The premises which receive a license pursuant to this chapter shall
not permit any musical entertainment, by mechanical, electric or electronic
device, band, orchestra, musical instrument or otherwise, singing;
or dancing between the hours of 12:00 midnight and 12:00 noon. The
Town Board may modify such hours, taking into consideration such factors
as location of the premises, proximity to residential uses, distances
to property lines and the general character of the area.
B.
The Town Board may, in granting any license hereunder, provide for
and impose such other conditions and regulations as to the conduct
of said cabaret as it may deem proper for the safety, health and welfare
of the patrons thereof and of the residents of the Town of Lewisboro,
including but not limited to requirements for off-street parking and
the lighting of the same and uniformed security guards.
Any license granted pursuant to this chapter shall not be transferable
and shall be and remain in full force for the term of one year from
the date of issuance, unless sooner revoked as hereinafter provided.
At the expiration of said year, the license may be renewed for further
periods of one year or more upon the payment of the license fee hereunder
and the filing and approval, by the Town Board, of a new application
in accordance with the procedure set forth herein at least 30 days
and not more than 60 days prior to expiration.
The annual license fee under this chapter shall be as follows:
$150 per establishment.
No license shall be required for the conduct of dances or musical
entertainment or singing sponsored by and under the direct supervision
of churches, service clubs, veterans' associations, volunteer
fire departments or ambulance corps and schools.
A license issued under this chapter shall be subject to suspension
or revocation by the Town Board for any disorderly or immoral conduct
permitted or suffered on the premises under the control of the licensee,
for the violation of any of the provisions of this chapter or for
the violation of any condition to which the license is subject. Such
suspension or revocation shall be effective only after a public hearing.
Such hearing shall be held after a written notice of the same is sent
to the licensee at least five days before such hearing. The notice
may be sent by mail, directed to the last known address of said licensee.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by imprisonment
for a term not exceeding 15 days or by a fine not less than $250 for
the first offense nor more than $1,000 for each subsequent offense,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
