Town of Oyster Bay, NY
Nassau County
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 6-14-1977 by L.L. No. 5-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 93.
Dangerous buildings — See Ch. 96.
Housing standards — See Ch. 135.
Licenses and permits — See Ch. 147.
Zoning — See Ch. 246.

§ 183-1 Title.

This chapter shall be known as the "Assembly Law of the Town of Oyster Bay."

§ 183-2 Purpose.

The Town Board, in order to promote proper government and ensure the proper protection, order, conduct, safety, health, welfare and well-being of persons and property within the unincorporated areas of the Town of Oyster Bay, New York, finds that it is in the public interest to enact this chapter.

§ 183-3 Construal of provisions.

A. 
This chapter is intended to be in addition to any and all existing or subsequently amended or revised local laws of the Town of Oyster Bay and the Code of the Town of Oyster Bay and the Building Zone Ordinance of the Town of Oyster Bay.[1]
[1]:
Editor's Note: See Ch. 246, Zoning.
B. 
This chapter shall be construed as in no way negating or modifying strict compliance with any and all existing or subsequently amended or revised local laws of the Town of Oyster Bay, the Code of the Town of Oyster Bay and the Building Zone Ordinance of the Town of Oyster Bay.

§ 183-4 Applicability of other standards.

[Amended 4-16-1985 by L.L. No. 1-1985; 3-12-1991 by L.L. No. 1-1991]
The Commissioner of Planning and Development or his designee may use any provisions of the Building Code of National Fire Codes as published by the National Fire Protection Association, necessary to enforce the intent or purpose of this chapter as stated in this chapter. In the event of any conflict or inconsistency between the provisions of this chapter and any existing or subsequently amended or revised local laws of the Town of Oyster Bay, the Code of the Town of Oyster Bay and the Building Zone Ordinance of the Town of Oyster Bay, then the existing or subsequently amended or revised local laws of the Town of Oyster Bay, Code of the Town of Oyster Bay or Building Zone Ordinance of the Town of Oyster Bay having the stricter provisions shall prevail.

§ 183-5 Definitions and word usage.

A. 
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated, and any terms not defined herein shall have the meanings set forth in the Building Zone Ordinance of the Town of Oyster Bay.[1]
APPROVED LICENSE[2]
The license issued for a place of assembly by the Commissioner of the Department of Planning and Development or his designee, in accordance with this chapter.
[Added 4-16-1985 by L.L. No. 1-1985]
COMMISSIONER
The Commissioner of the Department of Planning and Development or his deputy or other duly authorized representative.
LICENSE
A temporary or approved license.
PERSON
Any individual, firm, company, association, society, partnership, corporation or group.
PLACE OF ASSEMBLY
Any room, place or space which is occupied or arranged to be occupied to accommodate more than 50 persons, with or without the levy of an admission fee, for the gathering, collecting or congregating of persons for a common purpose such as, but not limited to, recreational, amusement, social, sports, patriotic, civic, educational, travel and similar purposes; any room, place or space which is occupied or arranged to be occupied to accommodate up to 50 persons, with or without the levy of an admission fee, for the gathering, collecting or congregating of children and/or their parents or guardians for a common purpose such as, but not limited to, gymboree, playroom activities, arts and crafts, parent-child bonding activities, children's parties and similar purposes; this definition shall include assembly halls, lecture rooms, exhibition halls, museums, auditoriums, instruction rooms, discotheques, dance halls or studios, cabarets, nightclubs, cocktail bars, restaurants, any room or space used for private banquets, feasts, socials, card parties, bingo or weddings, lodge or meeting halls or rooms, skating rinks, gymnasiums, public swimming pools, billiard rooms, bowling alleys, archery ranges, halls used for public or private gathering purposes, funeral parlors, private schools, concert halls, theaters or any other buildings, sheds or enclosures, tents and other similar classifications of this section as determined by the Commissioner of the Department of Planning and Development or his designee. Family gatherings in residential buildings are exempt from this definition.
[Amended 4-16-1985 by L.L. No. 1-1985; 7-7-1992 by L.L. No. 1-1992]
TEMPORARY LICENSE
The license issued for a place of assembly by the Commissioner upon the filing of an application for an approved license and payment of the fee, all as provided herein.
TOWN BOARD
The Town Board of the Town of Oyster Bay.
[1]:
Editor's Note: See Ch. 246. Zoning.
[2]:
Editor's Note: Former Subsection C, defining "Superintendent," which immediately preceded this definition, was deleted 3-12-1991 by L.L. No. 1-1991.
B. 
Word usage.
(1) 
Words used in the present tense shall include the future.
(2) 
The singular number includes the plural.
(3) 
The masculine shall include the feminine.
(4) 
"Shall" is mandatory, and "may" is permissive.

§ 183-6 License required.

[Amended 4-16-1985 by L.L. No. 1-1985]
No person shall conduct, maintain or operate a place of assembly or allow, let or permit property to be used as or for a place of assembly without a written license issued by the Commissioner of the Department of Planning and Development or his designee, authorizing such place of assembly.

§ 183-7 Application for license.

[Amended 4-16-1985 by L.L. No. 1-1985]
A. 
An application for such a permit shall be by verified petition on forms to be furnished by the Commissioner of the Department of Planning and Development, and shall include the following information and be submitted with the payment of all fees required herein:
(1) 
The name, age, residence, address and telephone number of each applicant; if the applicant is a partnership, the name of the partnership and the name, age, residence address and telephone number of each partner; if the applicant is a corporation, the name of the corporation, the state of incorporation, the name, residence address and telephone number of each officer and director and, when required by the Commissioner, the name of each stockholder.
(2) 
The exact location of the premises to be licensed stating the section, block and lot, the street address and community, a metes and bounds description of the plot, and the name of the building in which the licensed premises is located.
(3) 
The name, residence address and telephone number of the owners of the building.
(4) 
If the applicant is a lessee, the name, residence address and telephone number of the lessor.
(5) 
Whether liquor is to be served on the premises, and, if so, a copy or number of the valid liquor license issued by the New York State Liquor Authority.
(6) 
Whether any person applying for a license or lessee, manager or operator connected or associated with the licensed premises has ever been convicted of any offense, crime, misdemeanor, violation or of any offense against any local law or municipal ordinance, other than traffic violations, and, if so, the nature of the conviction, the court where convicted and the date and penalty assessed.
(7) 
A floor plan drawn to scale showing the sizes of all rooms, sizes of all exits, toilet facilities, seating arrangements, table layouts and spacing, ventilation equipment and specifications.
(8) 
A survey drawn by a licensed surveyor showing all buildings on the plot and their uses, all parking spaces and driveways, curb cuts and stormwater facilities.
(9) 
Any other information as may be required by the Commissioner.
B. 
If there is any change, after the filing of an application for a license, in any of the facts required to be set forth in the application, a supplemental written statement giving notice of the change or changes, duly verified, shall be filed with the Division of Building within 10 days after any change. Failure to do so shall, if willful and deliberate, be cause for suspension or revocation of the license. In giving any notice or taking any action in reference to a licensee of a licensed premises, the Commissioner may rely upon the information furnished in any supplemental statement connected therewith. The information contained therein shall be presumed to be correct and shall be binding upon a licensee or the licensed premises as bona fide information.

§ 183-8 Issuance of license.

[Amended 4-16-1985 by L.L. No. 1-1985]
Upon a compliance with the application requirements and following an inspection of the premises to be licensed and upon the finding by the Commissioner of the Department of Planning and Development or his designee that the provisions of this chapter, as well as all applicable ordinances, local laws, statutes, rules and regulations, have been complied with and that the premises is a safe place for use as a place of assembly, the Commissioner shall issue an approved license.

§ 183-9 Term of license.

[Amended 4-16-1985 by L.L. No. 1-1985]
An approved license shall expire one year from the date of issuance. The Commissioner of the Department of Planning and Development or his designee may stagger such expiration dates so that all licenses shall not expire on the same month. A renewal of such an application shall become effective as of the date immediately following the expiration of the one previously approved.

§ 183-10 (Reserved) [1]

[1]:
Editor's Note: Former § 183-10, Temporary licenses, as amended, was repealed 1-4-2000 by L.L. No. 1-2000.

§ 183-11 Fees.

A. 
Fees for approved licenses issued hereunder shall be payable annually and shall be based on the number of persons each place is designed to accommodate as certified by the Commissioner of the Department of Planning and Development or his designee and shall be determined according to the amounts indicated in the Town of Oyster Bay Fee Schedule[1] as approved by the town board.
[Amended 2-7-1984 by L.L. No. 1-1984; 4-16-1985 by L.L. No. 1-1985; 1-4-2000 by L.L. No. 1-2000]
[1]:
Editor's Note: The Fee Schedule is on file in the town offices.
B. 
Where there is more than one place, room or area of assembly in the same building and the applicant is the same for all the places, rooms or areas of assembly therein, the fee shall be determined on the basis of the sum of the combined occupancies.
C. 
(Reserved)[2]
[2]:
Editor's Note: Former Subsection C, which established fees for temporary licenses, was repealed 1-4-2000 by L.L. No. 1-2000.
D. 
(Reserved)[3]
[3]:
Editor's Note: Former Subsection D, which established fees for the extension of a temporary license, was repealed 1-4-2000 by L.L. No. 1-2000.
E. 
A fee shall be charged in the amount indicated in the Town of Oyster Bay Fee Schedule as approved by the Town Board for the replacement, substitute or copy of any approved license.
[Amended 1-4-2000 by L.L. No. 1-2000]
F. 
Any room or building that contains a place of worship, Fire Department, all recreational facilities and assembly halls owned by the Town of Oyster Bay and other tax exempt organizations shall not be subject to the fee requirements.

§ 183-12 Maximum occupancy.

A. 
The maximum occupancy of any place of assembly shall be the lesser of:
(1) 
The maximum occupancy of a place of assembly fixed by resolution of the Town Board shall apply to such places of assembly; or
(2) 
Where the maximum occupancy of a place of assembly is not fixed by Town Board resolution, the maximum occupancy recorded as approved by the Division of Building prior to the effective date of this chapter shall apply.
B. 
Where Subsection A of this section is not applicable, the maximum occupancy of a place of assembly shall be as follows:
Occupancy or Specific Area Number of Persons Permitted
Table and dining areas Area 1 per 15 square feet
Counter dining 1 per counter stool or seat
Bar or cocktail area 1 per 6 square feet in designated bar area or a distance of 10 feet from bar
Dance floor area in restaurants, cabarets or catering halls No increase in occupancy
Dance floors in other occupancies 1 per 7 square feet
Designated waiting areas, not including exits and hall-ways 1 per 3 square feet
Places containing permanent seats 1 per seat
Billiard rooms, bowling alleys, golf schools, archery and pistol ranges and similar type places 1 per 50 square feet
Other places not listed above Shall be determined by the Superintendent by good general accepted standards

§ 183-13 Investigation of application; denial of license.

[Amended 4-16-1985 by L.L. No. 1-1985]
A. 
The Commissioner of the Department of Planning and Development or his designee shall cause an investigation of the application and following such investigation the license shall be issued or denied. If denied, the reasons therefor shall be indicated in such denial notice.
B. 
A denial of the application shall automatically cancel any temporary license issued hereunder; and the continuance of the operation as a place of assembly shall constitute an offense hereunder, after mailing notice, by regular mail, of such cancellation addressed to the applicant at the residence address of said applicant set forth in the application.

§ 183-14 Suspension or revocation of license.

[Amended 4-16-1985 by L.L. No. 1-1985]
The Commissioner of the Department of Planning and Development or his designee, upon notice, and after a hearing at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license issued, for any of the following causes:
A. 
Fraud, misrepresentation or false statement contained in the application for or renewal of a license.
B. 
Allowing, suffering or permitting any illegal gambling, sale or use of narcotics or sale or use of dangerous hallucinating drugs on the premises or allowing, suffering or permitting such premises to be disorderly.
C. 
Any violation of this chapter.
D. 
Failure, refusal or neglect to any person, officer or director of any corporation, holding a license for a place of assembly under this chapter, to permit entry for inspection, to appear and/or testify under oath at an inquiry or hearing with respect to any matter bearing upon the conduct of the place of assembly or the fitness of the person, as applicable.
E. 
Failure, refusal or neglect to provide for the health, safety or welfare of persons frequenting the licensed premises.

§ 183-15 Firesafety requirements.

A. 
All buildings, structures and tenancies of assembly places shall be constructed, arranged, altered and/or designed to retard the spread of fire and to safeguard human life.
B. 
Walls and ceilings shall be maintained free from cracks and openings which would permit flame, smoke or excessive heat to enter a concealed space or permit the spread of fire and smoke.
C. 
All interior finish materials for acoustical correction, surface insulation and decorative treatment on surfaces of walls, ceilings, floors and interior trim shall be of a material or treated so as it will not in burning give off excessive amounts of smoke or objectionable gases. The Building Code shall be used as a guide to determine the flame spread requirements.
D. 
It shall be prohibited to accumulate or store, except in approved locations with approved safety measures, any highly flammable or explosive matter, such as paints, volatile oils, cleaning fluids and similar materials or any combustible refuse liable to spontaneous combustion, such as wastepaper, boxes, rags or similar materials.
E. 
It shall be prohibited to accumulate or store materials on fire escapes, stairway enclosures, passageways, corridors, doorways, aisles, exitways or any other locations where in event of fire such materials may obstruct egress of occupants or interfere with fire-fighting operations.
F. 
All existing fire protection equipment shall be maintained in good working order and shall be tested from time to time and as required by the inspector, to assure that it is in good working condition.
G. 
Wherever possible, all existing stairways shall be enclosed on top and bottom or both to prevent spread of fire and smoke and to provide safe exits.
H. 
All exit doors shall swing in the direction of a safe exit, unless this is deemed impossible in existing buildings by the Commissioner of the Department of Planning and Development or his designee.
[Amended 4-16-1985 by L.L. No. 1-1985]
I. 
Fire extinguishers shall be of an approved type and size and shall be located where they are easily seen and most convenient to use in case of emergency. The number of fire extinguishers shall be determined by the Commissioner of the Department of Planning and Development or his designee in accordance with good general practice.
[Amended 4-16-1985 by L.L. No. 1-1985]
J. 
All assembly spaces must be provided with emergency light and power so that the occupants will have sufficient light to exit from the building. The emergency lights will be installed as specified by the Building Code.
K. 
All exits shall be arranged, constructed and proportioned so that the occupants shall have a safe, continuous and unobstructed exit from any portion of the interior of the building to the exterior at street or a safe grade level. The Building Code will be used as a guide to design and check the capacity of exits and their arrangement.
L. 
All interior equipment, desks, tables, machinery, stock and other obstructions must be arranged as to provide safe access to all exits. All aisles shall have a minimum width of 36 inches.
M. 
Exits shall be located so that they are readily accessible and visible and arranged so as to avoid pockets or dead ends.
N. 
Exits shall be so arranged that they will be as remote as possible from each other.
O. 
Assembly spaces.[1]
(1) 
The maximum number of occupants permitted within assembly spaces shall be established by the Code Enforcement Official and shall be conspicuously posted in each space, and shall not be exceeded.
(2) 
It shall be the responsibility of the manager or person in charge to assure that the occupant load does not exceed the number established by the Code Enforcement Official and should be issued a summons if not in compliance.
[1]:
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 183-16 Maintenance of exterior.

The exterior of all assembly buildings must be maintained in a sound structural manner so as not to allow decay, rot or deterioration of the exterior walls or roof and as to assure the desirable character of the property.

§ 183-17 Signs.

A. 
All exterior wall, roof, soffit or ground signs must be maintained in a good structural, neat and substantial condition.
B. 
All signs must have building permits and display the permit numbers as per the Town Code.

§ 183-18 Paved and parking areas.

A. 
All pavement required for a place of assembly must be maintained in a good condition and free of potholes and excessive wear.
B. 
All required parking spaces must be adequately marked or striped in accordance with the requirements of the Town Code.
C. 
No exterior storage of materials, trucks, abandoned cars or trailers are permitted in parking area.
D. 
All paved areas must be provided with an adequate and approved stormwater drainage system. All stormwater drainage systems must be maintained, cleaned and serviced to perform the requirements they were designed to perform.
E. 
Sleeping in parked cars, trucks or trailers is prohibited.
F. 
All required parking areas must be provided with adequate lighting. Such lighting shall not exceed an intensity of five footcandles nor shall it be less than 1 1/2 footcandles at pavement level. The installation of such lighting shall be so designed, hooded or shielded as to reflect the light away from abutting or neighboring residential dwellings. All lights must be turned off when the premises are closed.

§ 183-19 Fences, landscaping and screening.

A. 
Fences and screening shall be maintained in accordance with the Town Code and shall be safe and in substantial condition.
B. 
Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.
C. 
Yards, pavement, courts and other outside areas shall be kept clean and free of physical hazards and debris.
D. 
Grassed and landscaped area shall be kept clean, trimmed and in a neat condition.
E. 
Grounds, building and structures shall be maintained free of insects, vermin and rodent harborage and infestation.

§ 183-20 Sanitary facilities.

A. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse pursuant to regulations issued by the Nassau County Department of Health.
B. 
It shall be unlawful to store or accumulate garbage or refuse in any exit area, hallway or stairway.

§ 183-21 Environmental requirements.

A. 
All assembly buildings, halls and rooms shall be maintained to have a healthy, safe environment and shall not endanger the environment of others.
B. 
Plumbing, heating, electrical, ventilating, air-conditioning, refrigeration, cooking, fire protection, elevators, dumbwaiters, escalators and other mechanical equipment, installations or systems shall be installed, located and maintained so that such equipment and systems shall not be a danger to health, safety or welfare and shall not constitute structural defects, sources of ignition or create excessive noise.
C. 
All toilet facilities and kitchens shall be maintained in a clean and sanitary manner.
D. 
All places of assembly shall be designed and maintained so that all noise shall be held to a minimum and shall comply to the noise provisions of the Town Code.
E. 
Conservation of water.
[Added 6-6-1989 by L.L. No. 2-1989]
(1) 
Drinking water shall be served to patrons of places of assembly only upon the request of such patrons.
(2) 
A sign, giving notice of this requirement, shall be posted conspicuously in such places of assembly. This sign shall be no smaller than 13 inches by 10 inches and shall be posted in a visually accessible manner.

§ 183-22 Penalties for offenses.

A. 
Any person who shall conduct, maintain or use any property as a place of assembly or who shall allow, let, suffer or permit any property to be conducted, maintained or used as a place of assembly without a license as provided in this chapter or who shall violate any of the provisions of this chapter shall be deemed to have committed a violation; and for each violation shall be subject to a fine of not exceeding $1,000 or imprisonment not in excess of 15 days.
B. 
In addition to other remedies prescribed herein, the Town Board may maintain an action or proceeding in the name of the Town of Oyster Bay in a court of competent jurisdiction of compel compliance or to restrain by injunction the violation of any of the provisions of this chapter.

§ 183-23 Exceptions.

[Added 4-3-1979 by L.L. No. 2-1979]
A "place of assembly," as used herein, shall not include any premises occupied by a volunteer fire department or by a volunteer fire company, and none of the provisions of this chapter shall be applicable to any such premises.