Village of Lindenhurst, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 5-20-1975 as L.L. No. 5-1975 (Ch. 57A of the 1968 Code of the Village of Lindenhurst). Sections 145-2, 145-4A, 145-4B(1) and (3), 145-5, 145-6, 145-14B, 145-18F and 145-19 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Licensing Officer — See Ch. 15.
Amusements — See Ch. 29.
Public dances — See Ch. 61.
Exhibitions — See Ch. 79.
Licensing — See Ch. 103.
Public assemblies and parades — See Ch. 143.

§ 145-1 Declaration of policy.

It is hereby declared the policy of the Village of Lindenhurst that, in order to preserve public peace and good order and to safeguard the health, safety, welfare and morals within the Village, it is necessary to regulate and control the operations and conduct of places of public assembly conducted as cabarets, bars or lounges, dance halls and discotheques so as to fix certain responsibilities and duties of persons owning, operating or controlling such establishments.

§ 145-2 Definitions.

For the purpose of this chapter, the following words and phrases shall have the following definitions:
APPLICANT
Any person applying for a license under this chapter.
BARS AND/OR LOUNGES
Any place of public assembly in which the business of directly or indirectly selling and/or serving drink to the public is conducted and in which any musical entertainment, singing, dancing in a designated area or other form of amusement is also permitted.
CABARET
Any place of public assembly in which the business of directly or indirectly selling or serving food or drink to the public is conducted and in which any musical entertainment, singing, dancing in a designated area or other form of amusement is also permitted.
DANCE HALL
Any place of public assembly in which dancing is carried on and to which the public may gain admittance either with or without the payment of a fee.
DISCOTHEQUES
Any place of public assembly in which the business of directly or indirectly selling and/or serving food, drinks and/or beverages to the public is conducted, in which dancing is carried on by any musical entertainment and to which the public may gain admission either with or without the payment of a fee.
LICENSE
A permit issued in accordance with this chapter.
PERSON
An individual, partnership, club, corporation, association, society or any other organized group of persons, including the officers, directors, stockholders and trustees of a club, corporation, association or society.
PLACE OF PUBLIC ASSEMBLY
Any room, place or space used for gathering 50 or more persons which is occupied or arranged to be occupied for public recreational, amusement, social, sports or similar purposes; or any building, shed or enclosure, whether indoor or outdoor, coming within the occupancy and other similar classifications of this section.[1]
RESTAURANT
Any place of public assembly in which the business of directly or indirectly selling and/or serving food, drinks and/or beverages to the public is conducted.
[Added 8-28-1985 by L.L. No. 7-1985]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 145-3 Powers and duties of Licensing Officer.

The Licensing Officer of the Village, in connection with this chapter, shall have the following functions, powers and duties in addition to those provided in any other law, ordinance, rule or regulation:
A. 
To issue or refuse to issue any license or permit provided by this chapter.
B. 
To revoke, cancel or suspend for cause any license or permit issued under this chapter.
C. 
To inspect or provide for the inspection of any place of public assembly at any reasonable time.
D. 
To prescribe forms of applications for licenses or permits under this chapter and for all reports which he deems necessary to be made by any licensee, permittee or applicant.
E. 
To hold hearings, subpoena witnesses, compel their attendance, administer oaths to examine any person under oath and, in connection therewith, to require the production of any books or papers relative to the inquiry and to otherwise fully enforce this chapter.
F. 
To adopt such reasonable rules and regulations as it may deem necessary for:
(1) 
The proper control, operation and supervision of places of public assembly.
(2) 
The manner, procedure and notice of hearings.
G. 
By applying for a permit under this chapter, all applicants shall submit to the jurisdiction of the Licensing Officer and shall promptly comply with all rules and regulations promulgated by the Licensing Officer, permit all inspections, provide all information and otherwise cooperate with the intent and specifications of this chapter.
[Added 8-28-1985 by L.L. No. 7-1985]

§ 145-4 License requirements.

A. 
It shall be unlawful for any person to conduct, maintain or operate or engage in the business of conducting, maintaining or operating a cabaret, bar and/or lounge, restaurant, dance hall or discotheque establishment within the Village, unless the premises wherein the same is conducted, maintained or operated are licensed in the manner prescribed herein, except that this prohibition shall not apply to any person who is conducting, maintaining or operating or engaging in the business of conducting, maintaining or operating a cabaret, bar and/or lounge, dance hall or discotheque establishment within the Village.
[Amended 8-28-1985 by L.L. No. 7-1985[1]]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
A license shall be issued for a place of public assembly operated as a cabaret, bar and/or lounge, dance hall or discotheque only after the Licensing Officer:
(1) 
Shall have caused an inspection to be made of the premises to be licensed and is satisfied that such premises comply with all the laws and ordinances that may be applicable thereto, including any rules and regulations promulgated thereunder and such laws, rules or regulations enforceable by any governmental authority.
[Amended 8-28-1985 by L.L. No. 7-1985[2]]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
Is satisfied that the premises to be licensed is a safe place to be used as such establishment.
(3) 
Is satisfied that the applicant is a fit and proper person, not having been convicted of a felony or misdemeanor which, in the opinion of the Licensing Officer, renders the applicant an improper person to hold a public assembly license. All applicants shall, at their cost and expense and at the direction of the Licensing Officer, submit such information and fingerprints to permit a search to be done of the records maintained by the appropriate law enforcement agencies of the applicant's prior criminal record, if any. Not less than 14 days prior to the decision on any new application, a notice in the official newspaper shall be published inviting public comment upon the proposed application to be forwarded to the Licensing Officer.
[Amended 8-28-1985 by L.L. No. 7-1985; 4-18-1989 by L.L. No. 2-1989[3]]
[3]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(4) 
Shall determine compliance with § 193-192 of this Code. Any premises presently operating as a cabaret, dance hall, discotheque, restaurant, bar or lounge, which shall cease to so operate for 90 consecutive days after the effective date of this chapter, shall be required to meet all requirements of this chapter as it then exists.
[Amended 12-8-1981 by L.L. No. 12-1981; 8-28-1985 by L.L. No. 7-1985]
(5) 
Shall determine that the proposed use is reasonable, necessary and will be in harmony with and promote the general interest and welfare of the surrounding community; that the neighborhood character and surrounding property values are reasonably safeguarded and conserved; that the proposed use will not prevent the orderly and reasonable use of adjacent properties; and that the site is particularly suitable for the location of such a use in the community.
[Added 12-8-1981 by L.L. No. 12-1981]
(6) 
Shall determine that access facilities are adequate for the estimated traffic from public streets, so as to assure the public safety and to avoid traffic congestion.
[Added 12-8-1981 by L.L. No. 12-1981]
(7) 
Shall determine the availability of adequate and proper public or private facilities for the removal of refuse or other wastes that may be caused or created by or as a result of the use; whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot; and whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. The Licensing Officer may specify the hours and frequency of refuse pickup at the licensed premises.
[Added 12-8-1981 by L.L. No. 12-1981; 8-28-1985 by L.L. No. 7-1985]
(8) 
Shall determine whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Village or by other competent governmental agency.
[Added 12-8-1981 by L.L. No. 12-1981]
(9) 
Shall determine whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot.
[Added 12-8-1981 by L.L. No. 12-1981]
(10) 
Shall determine whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
[Added 12-8-1981 by L.L. No. 12-1981]
(11) 
Shall determine whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly.
[Added 12-8-1981 by L.L. No. 12-1981]
(12) 
Shall determine that the proposed use and the structures used therefor will in all respects comply with all applicable Village laws, codes and ordinances and those of any other competent governmental agency.
[Added 12-8-1981 by L.L. No. 12-1981]
C. 
Application information.
(1) 
[Amended 1-6-1976 by L.L. No. 2-1976; 8-28-1985 by L.L. No. 7-1985] In addition to such other information that the Licensing Officer may determine shall be furnished in any application for a place of public assembly operating as a cabaret, bar and/or lounge, restaurant, dance hall or discotheque establishment, the following information shall be given:
(a) 
The name, age and residence address of each applicant and, if there are more than one and they are partners, the partnership name and the age and residence address of each partner.
(b) 
If such applicant is a stock corporation, the name of the corporation, the names and residence addresses of its directors or other governing body, the names and residence addresses of its officers and the stockholders and the state under the laws of which it is organized.
(c) 
The premises to be licensed stating the street and number, if the premises has a street and number, and, otherwise, such description as will reasonably indicate the locality thereof.
(d) 
The name and address of the owner of the building or premises wherein or whereon the licensed premises is located.
(e) 
Whether the applicant is a lessee and, if so, the name and residence address of the lessor and the lessor's and/or owner's written assent to the application under this chapter.
(f) 
The name and residence address of each person interested or to become interested in the business covered by the license for which the application is made, together with the nature of such interests.
(g) 
The nature of the applicant's interest in the business covered by the license for which application is made and the name of any other person, either as principal or associate, interested in the licensed premises or in the business to be covered by the license applied for.
(h) 
That the person applying for a license has not been convicted of any crime, misdemeanor or violation of any local law or municipal ordinance, and, if the person has been convicted, the nature of the crime or violation, the court where convicted and the date of the penalty assessed or sentence imposed.
(2) 
If there is any change, after the granting of a license, in any of the facts required to be set forth in such application, a supplemental statement giving notice of such change, duly verified, shall be filed with the Licensing Officer within 10 days after such change. Failure to do so shall be cause for suspension or revocation of the license. In giving any notice or taking any action in reference to a licensee or licensed premises, the Licensing Officer or Building Inspector may rely upon the information furnished in such application and in any supplemental statement connected therewith, and such information may be presumed to be correct and shall be binding upon a licensee or licensed premises as if correct. This supplemental statement may be waived by the Licensing Officer, in his discretion, to any corporation with regard to stockholders holding less than 10% of the issued stock.

§ 145-5 Term of license.

[Amended 1-6-1976 by L.L. No. 2-1976; 8-28-1985 by L.L. No. 7-1985; 6-16-1992 by L.L. No. 2-1992]
A. 
The term of a license shall be for a period of one year, commencing with the date of issuance and terminating one year thereafter.
B. 
Any license issued pursuant to this chapter may be renewed upon the filing of an affidavit with the Licensing Officer, on a form to be provided by him/her, in which the applicant shall affirm that there has been no change in the information provided by him/her in the original application; and, if there has been a change, such change(s) must be listed on the renewal affidavit.

§ 145-6 Fees for licenses.

[Amended 1-6-1976 by L.L. No. 2-1976; 8-28-1985 by L.L. No. 7-1985; 11-1-1988 by L.L. No. 10-1988; 6-16-1992 by L.L. No. 2-1992; 3-18-2003 by L.L. No. 3-2003]
A fee and an occupancy schedule, as established by resolution of the Village Board, shall accompany each application for a public assembly license.

§ 145-7 Waiver of fees.

[Amended 8-28-1985 by L.L. No. 7-1985]
The Licensing Officer may waive the payment of the fees established by this chapter for any applicant which is a not-for-profit fraternal, veteran or service organization whose activities are deemed to be beneficial to the public welfare by the Licensing Officer.

§ 145-8 Fee not returnable.

[Amended 1-6-1976 by L.L. No. 2-1976]
No fee or any part thereof shall be returnable if a license is suspended, revoked or denied.

§ 145-9 Denial of license.

[Amended 8-28-1985 by L.L. No. 7-1985]
If the Licensing Officer shall disapprove an application for a license under this chapter, the Licensing Officer shall cause to be endorsed upon such application his disapproval thereof and shall attach thereto a statement of his reasons therefor. The Licensing Officer shall thereafter notify the applicant of such action by regular mail. Review of any action by the Licensing Officer shall be to the appropriate court of competent jurisdiction in the County of Suffolk, State of New York.

§ 145-10 Suspension or revocation of license.

The Licensing Officer, after a hearing, upon not less than seven days' notice, at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license issued, in his discretion, for any of the following causes:
A. 
A person licensed hereunder making any material misrepresentation in the application for license.
B. 
Violation of any provision of this chapter.
C. 
Violation of any law, ordinance, rule or regulation applicable to the licensed premises or enforceable by any governmental authority.
D. 
Conviction of any crime.
E. 
Failure to provide for the health, safety or welfare of any persons frequenting the licensed premises.
F. 
Any series of occurrences which cumulatively has the effect of disturbing the tranquility of the Village or a part thereof or which causes reasonable apprehension of there being a disturbance of such tranquility.
G. 
Other good cause.

§ 145-11 Preliminary suspension of license.

[Added 8-28-1985 by L.L. No. 7-1985]
The Licensing Officer may suspend a public assembly license for the period of time between the notice of hearing and the hearing date set forth therein when the Licensing Officer, in his discretion, perceives an immediate threat to the public's health, safety, morals and/or welfare from the continued operation of the premises prior to the hearing. Said preliminary suspension shall not exceed 14 days unless extended after notice and hearing.

§ 145-12 Effect of suspension or revocation.

[Amended 8-28-1985 by L.L. No. 7-1985]
Upon a license for premises hereunder being suspended or revoked, it shall be unlawful to use or occupy any portion of said premises as a cabaret, bar and/or lounge, restaurant, dance hall or discotheque during such period of suspension.

§ 145-13 Notice of suspension or revocation.

The Licensing Officer shall send notice of the suspension or revocation to the person licensed hereunder and shall cause to be attached thereto a statement of his reasons therefor.

§ 145-14 Service of notice.

Any notice to be given by the Licensing Officer under this chapter shall be deemed to have been duly given when:
A. 
Served personally upon the licensed person or sent by registered or certified mail addressed to his residence.
B. 
In the case of a corporate licensee, served personally upon an officer of said corporate licensee or sent by registered or certified mail addressed to an officer thereof at his residence, together with a copy of the notice by ordinary mail to the address of the licensed premises.[1]
[1]
Editor's Note: Original Subsection C, regarding service to the agent of nonresident applicants, which immediately followed this subsection, was repealed 1-6-1976 by L.L. No. 2-1976.
C. 
Served in any manner otherwise specifically provided in this chapter or in any other lawful manner, including but not limited to service upon a person of suitable age and discretion at the licensed premises or the home address of the licensee or a principal thereof or in any other manner set forth in the Civil Practice Law and Rules of the State of New York for the commencement of an action.
[Amended 8-28-1985 by L.L. No. 7-1985]

§ 145-15 Posting of license.

Each license issued hereunder shall be kept conspicuously posted at the main entrance of every place licensed hereunder. It shall be unlawful to remove, deface or alter such license.

§ 145-16 License not transferable.

No license issued under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used on any location other than the location stated in such license.

§ 145-17 Maximum occupancy; occupancy card.

[Amended 1-6-1976 by L.L. No. 2-1976]
A. 
The number of persons permitted to occupy a place of public assembly operated as a cabaret, bar and/or lounge, restaurant, dance hall or discotheque shall be determined as follows: 15 square feet of usable floor area per person. "Usable floor area" shall mean the areas of these spaces generally used or occupied by the public for public assembly purposes. For the purpose of this section, "usable floor area" shall not include such areas as kitchens, office space, bandstands, storage areas, closets, restrooms and areas behind the bar.
[Amended 8-28-1985 by L.L. No. 7-1985]
B. 
Upon issuing a public assembly license, the Licensing Officer shall also issue an occupancy card, which shall clearly state the maximum number of persons permitted to occupy the premises pursuant to this section. If the premises has more than one room used or occupied for public assembly purposes, then one card shall be issued for each room. The card(s) must be kept conspicuously posted inside the premises of every place licensed hereunder. It shall be unlawful to remove, deface or alter such occupancy card(s).

§ 145-18 Additional regulations.

Every person holding a license under this chapter and every place of public assembly shall comply with the following provisions. Violation of any of these provisions shall be unlawful.
A. 
No light on any part of premises licensed hereunder or on any place of public assembly shall be permitted to shine beyond the property line of the premises. All exterior lights on such premises shall be equipped with shielding devices so that the glow emanating therefrom shall be directed only on and toward such premises.
B. 
All garbage, rubbish and other refuse shall be stored until removed at the rear of the premises in watertight receptacles securely covered. Such receptacles shall be maintained in a sanitary condition. No garbage, rubbish or other refuse shall be removed from the premises between the hours of 6:30 p.m. and 7:00 a.m.
C. 
No soot, cinders, smoke, noxious acids, fumes, gases or disagreeable or unusual odors shall be permitted to emanate from the premises so as to be detrimental to any person or to the public or which either annoys, disturbs, injures, endangers or may have a tendency to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of any person or the public.
D. 
At no time shall music be played, either by mechanical device or live performance, in a manner which either annoys, disturbs, injures, endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of any person or the public.
E. 
No loud, unnecessary or unusual noise or any noise shall be permitted to be made, continued or caused to be made or continued which either annoys, disturbs, injures or endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of other persons or the public.
F. 
Every place of public assembly shall comply with the provisions of the New York State Uniform Fire Prevention and Building Code, together with any other rules or regulations enforceable by any governmental authority.
[Added 1-6-1976 by L.L. No. 2-1976[1]]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 145-19 Penalties for offenses.

[Amended 1-6-1976 by L.L. No. 2-1976[1]]
Any person who shall violate any provisions of this chapter or any of the rules and regulations adopted by the Board of Trustees pursuant to this chapter shall be guilty of an offense punishable by a fine of not less than $100 and not more than $1,000 for each day the offense shall continue.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 145-20 Conflict with other provisions.

A. 
Whenever any provisions of this chapter shall conflict with any provision of Chapter 61, Public Dances, of the Lindenhurst Village Code, the more restrictive provisions shall apply.
B. 
Any place of public assembly whose primary business is as a billiard room or bowling alley shall be licensed by the Village of Lindenhurst under the provisions of Chapter 29, Amusements, of the Village Code and shall not be required to comply with the provisions of this chapter, with the exception of § 145-18. However, each such place shall register with the Licensing Officer, on a form to be provided by him/her, as a place of public assembly. There shall be no fee charged for such registration.
[Added 1-6-1976 by L.L. No. 2-1976]