[Adopted 9-28-1978 by L.L. No. 5-1978 (Ch. 39 of the 1972
Code)]
It is hereby declared to be the policy of the Village of Nyack,
State of New York, that, in order to preserve public peace and good
order and to safeguard the health, safety, welfare and morals within
the incorporated area of the Village of Nyack, it is necessary to
regulate and control the operations and conduct of places of public
assembly conducted as cabarets, bars or lounges, dance halls, discotheques
or the like so as to fix certain responsibilities and duties of persons
owning, operating or controlling such establishments.
[Amended 11-29-1990 by L.L. No. 9-1990]
It shall be unlawful for any person conducting, maintaining,
operating or managing a cabaret, bar and/or lounge, dance hall or
discotheque establishment or any other place of public assembly where
alcoholic beverages are served or permitted to be consumed within
the Village of Nyack to suffer or permit on said premises:
A. Any lewd or indecent conduct.
B. Any persons to be unclothed or in such a manner or attire as to expose
to view to any patron any portion of the pubic hair, anus, vulva or
genitals or any simulation thereof.
C. Any female to expose to any patron that portion of the breast below
the top of the areola, or any simulation thereof. The provisions of
this subsection shall not apply to any female entertainer performing
on stage or platform at least 18 inches above the immediate floor
level and removed at least six feet from the nearest patron.
D. The touching by any patron of any entertainer appearing topless in accordance with the requirements in Subsection
C above.
[Amended 11-29-1990 by L.L. No. 9-1990]
Any person who shall violate any provision of this article shall
be guilty of a violation punishable by a fine not exceeding $500 or
imprisonment for a period not to exceed 15 days, or both. Each day's
continued violation shall constitute a separate violation.