[Amended 10-20-1994 by L.L. No. 9-1994]
The Town Board hereby finds that cabarets within the Town of
North Castle create unique impacts in regard to municipal services,
traffic patterns and fire and safety conditions and upon the residents
of the surrounding areas. The purpose of this article is to minimize
the adverse impacts of such cabarets and yet permit their existence,
thus providing for the economic and social welfare, health, peace
and morals of the people of the Town of North Castle. The provisions
of this article shall be liberally construed for the accomplishment
of that purpose.
A.
CABARET
EMPLOYEE
PERSON
Definitions. As used in this article, the following terms shall have
the meanings indicated:
An establishment of public resort, accommodation, assemblage,
entertainment or amusement, where refreshments of any kind are served
for gain or profit and/or dancing, entertainments or exhibitions are
given or permitted in connection therewith, or a place of public resort,
accommodation, assemblage, entertainment or amusement where exhibition
or other forms of entertainment or amusement are given or conducted
for gain or profit and dancing and serving of refreshments of any
kind are permitted. The term "cabaret," as used herein, shall not
include a full-service restaurant providing full-course meals with
waiter and waitress service which derives the majority of its gross
revenues from the sale of food, exclusive of beverages, and which
has, as part of the occupancy and services offered, background music
for the benefit of patrons, or any establishment wherein dancing is
incidental to the service of food or drink.
A person employed in any capacity or title in connection
with a cabaret, including the licensee and any and all persons responsible
for the control or management thereof. It shall also include a concessionaire
and each person employed by such concessionaire.
Includes natural persons, firms, copartnerships and corporations,
whether acting by themselves or by servant, agent or employee.
B.
Word usage. The singular number shall include the plural, and the
masculine pronoun shall include the feminine.
It shall be unlawful for any person to conduct, maintain or
operate a cabaret unless the premises wherein the same is conducted,
maintained or operated is licensed in the manner prescribed herein.
A.
Any person desiring to procure a cabaret license shall make application
therefor to the Town Board, upon a form to be furnished by the Town
Clerk. Such form shall contain, but shall not be limited to, the following
information:
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Town of North Castle
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Application for Cabaret License
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(1)
The name, address, date of birth and social security or tax identification
number of the applicant.
(2)
Whether the applicant is an individual, partnership, corporation
or other association.
(3)
If a partnership, the names, addresses, dates of birth and social
security numbers of all persons having an interest in the partnership.
(4)
If a corporation, the names, addresses, dates of birth and social
security numbers of all officers, directors and managers, specifying
their corporate status.
(5)
If a corporation, the name of each stockholder having 10% or more
of the total outstanding shares of any class of stock. There shall
also be given the number of shares held by the stockholder and his
percentage of the total outstanding shares of stock.
(6)
The name, address, date of birth and social security number of each
and every employee and manager of the premises.
(8)
The applicant's place of previous employment.
(9)
Whether any person mentioned in Subsection A(1), (3), (4), (5) and (6) has been engaged individually as an operator or manager of a cabaret or similar business within the last five years and, if so, the name of such business, its address and the length of time such person operated or managed such business.
(14)
The name of the cabaret under which the applicant will operate
and the location.
(15)
Whether the premises upon which the proposed cabaret is to be
conducted complies with the requirements of the Building Code and
those relating to health and
sanitation.
(16)
Whether the premises complies with the requirements of the local
law of the Town of North Castle relating to and regulating cabarets,
providing for the licensing thereof, regulating the conduct of persons
therein, defining offenses and providing penalties for the violation
thereof.
(17)
The nature of the entertainment to be produced.
(18)
The area of the floor space to be used by the public, the maximum
number of rooms to be occupied by the public, the maximum number of
tables in each occupied room and the number of entrances and exits.
(19)
Whether any part of the premises to be used will be used for
a hotel, rooming house or lodging house and, if so, the full particulars.
(20)
Affixed to the application shall be two copies of a scale drawing
showing the dimensions of all occupied rooms; the locations of all
tables; the width of aisles between tables; the width of aisles between
tables and walls, posts, poles, bars, stages and other fixtures, appurtenances
and appliances; and the location of all exits, exit signs and emergency
lighting.
(21)
The County Health Department permit number.
(22)
Whether cabaret activities shall be conducted every day of the
week or be limited to Friday, Saturday and Sunday or be limited to
some other specified day or days of the week.
(23)
In addition to the foregoing, the applicant shall supply any
and all reasonably relevant information concerning its application
to operate a cabaret when requested to do so by authorized officials
of the Town.
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State of New York: County of Westchester, SS:
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_________________________, being duly sworn, deposes and says:
I am _________________________, the above-named applicant, and make
this affidavit for the purpose of obtaining from the Town of North
Castle a license to operate a cabaret as provided in an ordinance
relating to and regulating cabarets, providing for the licensing thereof,
regulating the conduct of persons therein, defining offenses and providing
penalties for the violation thereof. I have personal knowledge of
the matters stated in the foregoing application, and the statements
therein contained are true.
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Sworn to before me this _______ day of _____________,
20_____
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Notary Public: Westchester County
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B.
Said application shall be signed and duly verified by the applicant
before an officer authorized to administer oaths. No such applications
shall be granted to conduct such cabaret on premises which do not
conform to the requirements of this article and all laws and regulations
of the State of New York and all ordinances and regulations of the
Town of North Castle.
C.
Each applicant shall submit two sets of fingerprints and photographs
to the North Castle Police Department. The fingerprints and photographs
of the applicant shall be taken by the North Castle Police Department,
and the applicant shall pay any fees required. If the applicant is
a company or corporation, then two full sets of fingerprints of a
principal officer of said company or corporation shall be provided
in accordance with this subsection. The Police Department shall forward
the applicant's fingerprints to the New York State Division of Criminal
Justice Services (DCJS) and shall be responsible for reviewing criminal
history record information disseminated by the DCJS. A certified check
or money order, in the amount specified by and made payable to the
DCJS to cover the cost of processing fingerprints, shall accompany
the application.
A.
The Town Board, upon presentation of such application and before
acting upon the same, shall refer such application to the Department
of Police and the Building Inspector for a full investigation as to
the truth of the statements contained therein and as to any or all
other matters which might tend to aid said Town Board in determining
whether or not such application should be granted. The investigation
by the Chief of Police shall also include an examination into the
present and projected noise, traffic and public safety impacts of
the proposed cabaret. Said Department of Police and the Building Inspector
shall, within 30 days after any application has been referred to them,
furnish written reports to the Town Board containing the results of
their investigation. Upon the Town Board's receipt of the reports,
the application shall be deemed complete.
B.
A public hearing on an application for a cabaret license shall be
scheduled and conducted by the Town Board within 20 days of the date
the application is deemed complete, unless this time limit is waived
by the applicant.
C.
Notice of any hearing before the Town Board shall be published in
a newspaper circulating within the Town of North Castle at least 10
days prior to that date of said hearing. Any mailing of notices that
may be required by the Town Board shall be at least 10 days before
such hearing. The preparation and cost of publication and mailing
of any notice required for such hearing shall be at the cost and expense
of the applicant.
D.
Notice of hearing shall be sent by first class mail to all property
owners within a distance of 250 feet of the property lines on both
sides of the street on which the property fronts and to adjoining
property owners or owners to the rear of the property affected. In
addition, the Town Board shall give any other notice required by law.
Notice of hearing shall be mailed by the applicant at least 10 days
before the scheduled hearing in official envelopes provided by the
Town of North Castle. Proof of mailing to all required property owners
shall be demonstrated by providing the Town with a certificate of
mailing (PS Form 3817 or 3877).
[Amended 2-25-2015 by L.L. No. 2-2015; 11-18-2015 by L.L. No. 9-2015]
E.
The applicant shall be given an opportunity at the public hearing on the application to prove by competent evidence that the applicant or anyone owning an interest in the proposed cabaret has never been convicted of the offenses contained in Subsection F below and that the premises described in the application complies with the requirements of this article and all laws and regulations of the Town of North Castle or that other factors exist which justify the issuance of the applied-for license.
F.
If the Town Board is satisfied that the statements contained in such
application are true and that the applicant and the premises described
in the application comply with the requirements of this article and
all laws and regulations of the State of New York and the Town of
North Castle, it shall issue the license applied for. However, the
Town Board may deny the application if:
(1)
The report of the Chief of Police, based on police reports filed
in his office, shall show that, within the prior twenty-four-month
period, the applicant or anyone owning an interest in the proposed
cabaret has been convicted of two or more of any of the following:
(a)
Exceeding occupancy limits.
(b)
Gambling.
(c)
Locked exit doors when premises is occupied by a person or persons.
(d)
Obstructed exits and/or aisles.
(e)
Inoperable or nonexistent exit signs.
(f)
No smoke detectors.
(g)
Permitting disorderly premises (which shall mean fights or assaults
in the premises or riots or other disturbances of a similar nature
in or about the premises).
(2)
The report of the Chief of Police, based on police reports filed
in his office, shall show that any of the following have taken place
in the last 36 months arising out of the operation or maintenance
of the premises for which the license is applied for or has been granted
hereunder:
(a)
A fire resulting in death or serious physical injury, as defined
in Penal Law § 10.00, Subdivision 10, in which one or more
fire code violations existed on the premises at the time of the fire.
(b)
Death or serious physical injury. as defined in Penal Law § 10.00,
Subdivision 10, taking place on the premises at the time or arising
out of an incident or incidents on the premises and taking place in
close proximity in time and place to the premises.
(c)
A riot, as defined in Penal Law § 240.05, taking place
upon the premises or arising out of an incident on the premises and
taking place in close proximity thereto in time and place.
(3)
The applicant or anyone owning an interest in the proposed cabaret
has, within three years preceding the date of such application, been
convicted of violating any laws or ordinances relating to the sale
of intoxicating liquor.
(4)
The applicant or anyone owning an interest in the proposed cabaret
has ever been convicted of a crime.
(5)
The applicant or anyone owning an interest in the proposed cabaret
has ever been convicted of violating any laws or ordinances relating
to public morality and decency.
(6)
A failure to comply with the requirements of this article and all
laws and regulations of the State of New York and all ordinances and
regulations of the Town of North Castle, which failure, in the judgment
of the Town Board, adversely affects or tends to affect the protection
of the health, safety and welfare of the inhabitants of the Town of
North Castle.
G.
The action of the Town Board after such hearing shall be final.
[Amended 8-14-2013 by L.L. No. 7-2013]
The license fee per annum for a cabaret license shall be in
such amount as set forth in the Master Fee Schedule, provided that,
in the event a license is granted after July 1 of any year, the license
fee shall be 1/2 of the amount of the annual license fee.[1] The Town Board shall not issue any such license until
the applicant shall produce a receipt of the Town Clerk showing that
the applicant has paid to the Town the license fee herein provided.
The term of licenses shall be for a period of one year, commencing
with January 1 and terminating at the end of the following December,
except that an original license shall be effective from the date the
license is granted to the end of the month of December. Such license
shall not be transferable and shall not authorize the person to whom
it is granted to conduct a cabaret at any location other than that
specified therein.
Renewal applications shall be submitted to the Town Board at least 30 days prior to expiration of a cabaret license. The Town Board shall not be required to hold a public hearing on an application to renew a cabaret license; provided, however, that if the Town Board shall not be satisfied that the license should be renewed then the Town Board shall, upon at least three days' notice to the applicant, hold a hearing upon such application, at which hearing the applicant shall be given an opportunity to prove by competent evidence that the applicant or anyone owning an interest in the proposed cabaret has never been convicted of any of the offenses provided in § 140-5F and that the premises complies with the requirements of this article and all laws and regulations of the Town of North Castle or that other factors exist which justify the renewal of the license. If after such hearing the Town Board shall find from a preponderance of the evidence that the foregoing facts have been established, it shall renew the license. If after such hearing the Town Board shall find that the foregoing facts have not been established by competent evidence, the application for renewal shall be denied. The action of the Town Board after such hearing shall be final. Renewals of licenses shall be effective for one-year terms.
The Town Board reserves the power unto itself to suspend or
revoke any license issued under the provisions of this article at
any time where the same was procured by fraud or false representation
of fact or for the failure to comply with the provisions of this article
or the laws and regulations of the State of New York and the Town
of North Castle by the person holding such license, or any of his
servants, agents or employees, if in the judgment of the Town Board
said violation adversely affects or tends to affect the protection
of the health, safety and welfare of the inhabitants of the Town of
North Castle; or for the conviction of the person holding the license
of any crime or offense involving moral turpitude; or for the conviction
of the person holding such license of any law or ordinance relating
to the sale of intoxicating liquor; or for the conviction of any of
his servants, agents or employees of any crime or offense involving
moral turpitude committed on the premises on which his cabaret is
conducted; or if disorderly, obscene or immoral conduct is permitted
on the licensed premises or is occasioned in the vicinity of such
premises as a result of its existence. At least three days before
suspending or revoking any license, the Town Board shall cause to
be mailed to the holder of the license, at the address at which his
cabaret is being conducted, a notice stating the time and place of
hearing concerning the suspension or revocation, at which hearing
the licensee shall be entitled to be heard and introduce the testimony
of witnesses. The action of the Town Board relative to such suspension
or revocation shall be final, provided that, whenever any person to
whom a license has been granted under the provisions of this article
shall be convicted of violating any of the provisions thereof, such
conviction shall be prima facie evidence of facts sufficient to warrant
revocation of the license held by such person. Upon the suspension
or revocation of a license for premises hereunder, it shall be unlawful
to use or occupy any portion of said premises as a cabaret.
No licensee or person owning, managing or operating or conducting
a cabaret shall allow or permit any person employed by him in the
capacity of an entertainer or servant or otherwise to approach or
accost any guest to dance with or have refreshments with such employee
as aforesaid during the hours of their employment, nor shall any person
on the premises of a cabaret approach any person who is an employee
of the owner or manager or operator in the capacity of an entertainer
or servant or otherwise during the hours of their employment for the
purpose of inducing any such person so employed to dance with or have
refreshments with such guests.
It shall be unlawful for any cabaret to have, permit or maintain
any boxes or booths closed by any door, screen, curtain or other device.
It shall be unlawful for any cabaret to have, permit or maintain any
box or booth with an entrance thereto in any side other than the side
which faces the center of the main room.
It shall be unlawful for the licensee, owner, proprietor, manager
or person in charge of any cabaret to employ as an entertainer in
such place any person who is not at least 18 years of age.
It shall be unlawful for the licensee, owner, proprietor, manager
or person in charge of any cabaret to refuse admission to any peace
officer or building or fire inspector charged with the duty of enforcing
this article. Said officers shall have free access at all times to
all cabarets.
It shall be unlawful for the licensee, owner, proprietor, manager,
employee or person in charge of any cabaret to admit or permit to
be or remain in and about the licensed premises any minor under the
age of 18 years, any lewd or dissolute person, any common prostitute,
any drunken or boisterous person or any person under the influence
of intoxicating liquor.
It shall be unlawful for any minor under the age of 18 years,
any lewd or dissolute person, any common prostitute, any drunken or
boisterous person or any person under the influence of intoxicating
liquor, or any person whose conduct while present in said place in
any way tends to corrupt the public morals to be or remain in or about
any cabaret after being notified by the management or a peace officer
to leave the premises.
It shall be unlawful for any person to conduct himself in a
boisterous manner or to use any profane, obscene or indecent language
in or about any cabaret or the hallways or entrance thereof. It shall
be unlawful for any person while dancing in any cabaret to conduct
himself in an obscene manner as defined in the Penal Law of the State
of New York. It shall be unlawful for any person to bring into or
have in his or her possession or partake of any intoxicating liquors
in any place designated in this article as a cabaret. This shall not
apply to intoxicating liquors lawfully sold in the cabaret under the
provisions of the Alcoholic Beverage Control Law.
It shall be unlawful for any person to make any misrepresentation
or false statement as to his own age, or that of any other person,
for the purpose of obtaining admission to any cabaret for such person
as to whose age such statement is made.
A.
It shall be unlawful for the licensee, owner, proprietor, manager or person in charge of any cabaret to permit on the premises any entertainment amplified by a mechanical device of such an intensity, character and duration as to disturb the peace, tranquility and good order of the people of the Town of North Castle or which otherwise violates Chapter 210, Noise, of the Town of North Castle.
B.
It shall be unlawful to operate a cabaret unless the premises is
soundproofed or provision is made so that no amplification or excessive
noise is audible beyond the property lines of the parcel upon which
the cabaret is situated.
A.
It shall be unlawful for the licensee, owner, proprietor, manager
or person in charge of any cabaret to permit any disorderly, noisy,
riotous or tumultuous conduct or loitering on the premises so licensed.
B.
It shall be unlawful for the licensee, owner, proprietor, manager
or person in charge of any cabaret to permit any entertainment or
exhibition of a lewd, suggestive, vulgar or immoral type, or to use
therein any indecent or obscene language, or to sing any song of any
lewd or vulgar character, or to behave in any manner intending to
corrupt the public morals. Where any of the aforementioned activities
are defined by the Penal Law of the State of New York, such definitions
shall be controlling.
C.
It shall be unlawful for the licensee, owner, proprietor, manager
or person in charge of a cabaret to permit any noise, disturbance,
misconduct, disorder, act or activity in the licensed premises, or
in the area in front of or adjacent to the licensed premises, or in
any parking lot provided by the licensee for use by licensee's patrons,
which, in the judgment of the Town Board, adversely affects or tends
to affect the protection, health, welfare, safety or repose of the
inhabitants of the Town of North Castle or results in the licensed
premises becoming a focal point for police attention or is offensive
to public decency.
No licensee shall suffer or permit any person to appear on the
licensed premises in such manner or attire as to expose to view any
portion of the pubic area, anus, vulva or genitals, or any simulation
thereof, nor shall he suffer or permit any female to appear on the
licensed premises in such manner or attire as to expose to view any
portion of the breast below the top of the areola, or any simulation
thereof.
Each license issued hereunder shall be kept posted at the main
entrance of every place licensed hereunder.
No cabaret shall be open excepting during hours as may be permitted
by the State Liquor Authority and/or a local board of such authority.
If any cabaret is found open between the prohibited hours, the person
owning, managing, operating or conducting the cabaret shall be held
responsible for a violation of the provisions of this article in relation
to such closing.
A.
Outside doors shall remain closed at all times during the hours of
operation except for the opening of such doors to permit the entrance
or exiting of employees or patrons or where the Police Department
orders otherwise.
B.
All entrances and exits shall remain unlocked while there are patrons
in the premises, and all such exits shall be clearly marked.
During the period that a cabaret is occupied by patrons, it
shall be illuminated by sufficient natural or artificial light to
permit a person to read in every portion thereof nine-point print
of the kind generally used in the average daily newspaper. No light
on any part of the premises shall be permitted to shine beyond the
property line of the premises.
All parking for patrons or employees of any cabaret shall be on site only and shall conform to the requirements of Article IX of Chapter 355, the Zoning Code of the Town of North Castle. The licensee, owner, proprietor, manager or person in charge of any cabaret shall be responsible for compliance with this section. Failure to comply with this section shall constitute a violation of this article.
Before the issuance of a cabaret license, the Town Board of
the Town of North Castle shall determine, with the aid of the Building
Inspector, the maximum number of patrons permitted upon the licensed
premises, as set forth in the New York State Uniform Fire Prevention
and Building Code, at one time in order to prevent overcrowding and
the resultant hazards to health and safety. Such maximum number so
determined shall be stated on said license, and any premises containing
a greater number shall be in violation of this article.
Each cabaret licensed hereunder shall maintain adequate security
during hours of operation to ensure the public peace and order. The
provisions of this section shall require each cabaret to employ not
less than one unarmed, uniformed security guard registered in accordance
with Article 7 of the General Business Law per every 100 patrons or
portion thereof. Security guards shall be required to wear a uniform
of distinctive or characteristic design, which shall consist of matching
shirt, pants and hat bearing an insignia designating their security
status.
Before a patron is served, he is to be furnished with a clearly
printed menu itemizing the prices charged for food and drink. If there
is an extra charge or additional charge for a particular space or
table, the patron must be advised accordingly before being seated.
If a licensee advertises his business through any medium and reference
is made in the advertisement to a price or prices, to a charge or
charges, or to the absence of a certain charge or charges, such advertisement
must accurately and clearly indicate whether there are any variations
in the price or prices depending upon the time of day or evening or
any cover, placement, locations or minimum charge. If there is a time
limit on a table, reserved or otherwise, the patron or patrons must
be notified before being seated.
A.
This article shall not apply to any premises or establishment not regarded as a cabaret, as defined in § 140-2 herein, which may permit dancing on separate occasions in connection with any exclusively private wedding, birthday, social association, religious, charitable, eleemosynary or educational dinner, event or affair, wherein the entertainment is provided and paid for by the patron.
B.
A cabaret subject to the provisions of this article is exempt from the age restriction contained in § 140-13 when hosting separate occasions wherein dancing is permitted in connection with any exclusively private wedding, birthday, social association, religious, charitable, eleemosynary or educational dinner, event or affair.
C.
A cabaret licensed under the provisions of this article may apply to the Town Board upon three weeks' prior written notice for an exemption from the age restriction contained in § 140-13 to permit a special occasion offered primarily for teenagers wherein dancing is permitted and no alcoholic beverages are permitted on the premises. A cabaret shall be required to make application to the Town Board for each such special occasion.
The licensee and all stockholders, officers, directors, agents,
employees and concessionaires shall at all times strictly and promptly
conform to and comply with all laws, provisions, rules, regulations
and requirements of all federal, state and municipal authorities and
agencies having jurisdiction with respect to the premises and the
conduct and operation of the licensed business therein and thereat,
now in force or hereafter adopted, during any license period.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person committing an offense against any provision of this
chapter shall be guilty of a violation, punishable by a fine of up
to $1,000 per day per violation or by imprisonment for a period not
to exceed 15 days, or both. Each day's continued violation shall constitute
a separate additional violation.
