[HISTORY: Adopted by the Town Board of the
Town of Babylon 12-9-1969.[1] Amendments noted where applicable.]
It is hereby declared to be the policy of the
Town that in order to preserve public peace and good order and to
safeguard the health, safety, welfare and morals within the unincorporated
area of the Town, 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 in order to fix
certain responsibilities and duties of persons owning, operating or
controlling such establishments.
For the purposes of these provisions, the following
terms shall have the meanings respectively ascribed herein:
Any person applying for a license under this chapter.
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, but shall not include
such a room, place or space which provides incidental musical entertainment
by mechanical devices without dancing.
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, but shall not include
such a room, place or space which provides incidental musical entertainment
by mechanical devices without dancing.
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.
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.
A permit issued by the Building Inspector in accordance with
this chapter.
Any room, place or space which is occupied or arranged to
be occupied for 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, as determined by the officer charged with the enforcement
of this section. For the purpose of interpretation, the term "public
assembly," where used in this chapter, shall include the terms "public
assembly" or "assembly" as may be used in other codes, laws, ordinances,
rules or regulations as may be applicable in the Town.
A.
The Building Inspector of the Town, in accordance
with this chapter, shall have the following functions, powers and
duties, in addition to those provided in any other law, ordinance,
rule or regulation:
(1)
To issue or refuse to issue any license or permit
provided by this chapter.
(2)
To revoke, cancel or suspend for cause any license
or permit issued under this chapter.
(3)
To inspect or provide for the inspection of any place
of public assembly regulated hereunder at any reasonable time.
(4)
To prescribe forms of applications for licenses or
permits under this chapter and of all reports which he deems necessary
to be made by any licensee, permittee or applicant.
(5)
To hold hearings, subpoena witnesses, compel their
attendance, administer oaths, examine any person under oath and, in
connection therewith, require the production of any books or papers
relative to the inquiry, and otherwise fully enforce this chapter.
B.
The powers provided in this section may be delegated
by the Building Inspector to any employee of the Town designated by
him.
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, dance hall or discotheque
establishment within the Town, unless the premises wherein the same
is conducted, maintained or operated are licensed in the manner prescribed
herein.
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 Building Inspector:
A.
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 authorities.
B.
Is satisfied that the premises to be licensed are
a safe place to be used as such establishment.
[1]
Editor's Note: Former § 94-6, Temporary
license, was repealed 11-8-2007 by L.L. No. 17-2007.
In addition to such other information as the
Building Inspector may determine shall be furnished in any application
for a place of public assembly operating as a cabaret, bar and/or
lounge, dance hall or discotheque establishment, the following information
shall be given:
A.
The name, age and residence address of each applicant
and, if there is 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, except in the discretion of the Building Inspector,
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 have 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 are located.
E.
Whether the applicant is a lessee and if so, the name
and residence address of the lessor.
F.
If the applicant does not reside in the Town, the
name and address of an agent who shall be a natural person and shall
reside or have a place of business in the Town and who shall be authorized
to and shall agree, by verified statement, to accept notices or summonses
issued by the Building Inspector with respect to violations of any
law or ordinance or rules or regulations thereunder, which are enforceable
by the Building Inspector.
G.
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.
H.
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.
I.
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.
If there is any change, after the granting of
a license hereunder, in any of the facts required to be set forth
in the application for license, a supplemental statement giving notice
of such change, duly verified, shall be filed with the Building Inspector
within 10 days after such change. Failure to do so shall, if willful
and deliberate, be cause for suspension or revocation of the license.
This supplemental statement may be waived by the Building Inspector,
in his discretion, to any corporation with regard to stockholders
holding less than 10% of the issued stock.
In giving any notice or taking any action in
reference to a licensee of licensed premises, the Building Inspector
may rely upon the information furnished in the application for license
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.
All applicants for cabaret, bar and/or lounge,
dance hall or discotheque licenses shall be fingerprinted, unless
the Building Inspector deems such fingerprinting unnecessary.
A license shall be issued for a cabaret, bar and/or lounge, dance hall or discotheque establishment only after the Building Inspector, in addition to those requirements set forth in § 94-5, is satisfied that the applicant is a fit and proper person.
A.
The term of licenses issued hereunder shall be for
a period of one year, commencing with March 1 and terminating at the
end of the following February, except that an original license shall
be effective from the date the license is granted to the end of the
month of February following.
B.
Renewal applications shall be submitted to the Building
Inspector at least 30 days prior to expiration of the license. Renewals
of license shall be effective for the one-year term above described.
A.
Basis. Fees for cabaret, bar and/or lounge, dance
hall or discotheque establishment licenses issued under this chapter
shall be payable annually and shall be based on the number of persons
such place is designed to lawfully accommodate and as certified by
the Building Inspector.
B.
Table of fees.
[Amended 5-5-1992]
(1)
The table of annual fees for cabaret, bar and/or lounge,
dance hall or discotheque establishment licenses shall be as follows:
|
Capacity in Persons
|
Fee Per Year or Fraction Thereof
|
|---|---|
|
0 to 100
|
$125.00
|
|
101 to 300
|
$160.00
|
|
301 to 600
|
$185.00
|
|
601 to 1,000
|
$250.00
|
(2)
An additional fee of $50 shall be charged for each
100 persons or fraction thereof in excess of 1,000. The maximum fee
shall be $500 per year.
C.
Payment; refund. The total fee shall be paid upon
submission of the application for a license. In the event that a license
is denied, a fee of $15 shall be retained for the processing of such
application, and the remainder of the fee submitted shall be returned
to the applicant. No fee or any part thereof shall be returnable if
a license is suspended or revoked.
[Amended 9-15-1970]
Occupancy requirements shall be determined by
the Board of Standards and Appeals of the State of New York pursuant
to Article 17 of the Labor Law and acts amendatory thereof.
If the Building Inspector shall disapprove an
application for a license under this chapter, he or his duly designated
agent shall endorse upon such application his disapproval thereof
and shall attach thereto a statement of his reasons therefor. The
Building Inspector thereafter shall notify the applicant of such action
by regular mail.
[Amended 9-15-1970]
A.
Grounds. The Building Inspector, after a hearing upon
notice, at which the licensee shall be given an opportunity to be
heard, may suspend or revoke any license issued hereunder, in his
discretion, for any of the following causes:
(1)
A person licensed hereunder making any false material
statement in the application for license.
(3)
Violation of any provision of this chapter.
(4)
Violation of any law, ordinance, rule or regulation
applicable to the licensed premises or enforceable by any governmental
authority.
(5)
Conviction of any crime.
(6)
Failure to provide for the health, safety or welfare
of any persons frequenting the licensed premises.
(7)
Other good cause.
B.
Effect. Upon a license 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, dance hall or discotheque
during such period of suspension.
C.
Notice required. The Building Inspector shall send
notice of the suspension or revocation to the person licensed hereunder,
and the Building Inspector or his duly delegated agent shall attach
thereto a statement of his reasons therefor.
Any notice to be given by the Building Inspector
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.
C.
Served personally upon or sent by registered or certified mail to the agent designated under § 94-7F.
D.
Served in any manner otherwise specifically provided
in this chapter or in any other lawful manner.
Each license issued hereunder shall be kept
conspicuously posted at the main entrance of every place licensed
hereunder.
It shall be unlawful for any person to remove,
deface or alter any license issued hereunder.
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.
Every person holding a license under this chapter
and every place of public assembly licensed hereunder shall comply
with the provisions of this chapter, and violation of any of said
provisions shall be unlawful.
No light on any part of premises licensed hereunder
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.
All garbage, rubbish and other refuse shall
be stored until removed at the rear of premises licensed hereunder
in watertight receptacles not exceeding 30 gallons' capacity and securely
covered. Such receptacles shall be maintained in a sanitary condition
and shall be cleaned at least three times weekly. No garbage, rubbish
or other refuse shall be removed from the premises between the hours
of 6:30 p.m. and 6:30 a.m. following.[1]
No soot, cinders, smoke, noxious acids, fumes,
gases or disagreeable or unusual odors shall be permitted to emanate
from the licensed premises in such manner 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.
A.
Generally. 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.
B.
Music. No music shall be played in any place of public
assembly licensed hereunder either by mechanical device or live performance
in such a manner that the sound emanating therefrom shall be audible
beyond the property line of the premises whereon the place of public
assembly is located. 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 other persons or the
public.
[Amended 10-7-2003 by L.L. No. 19-2003; 4-27-2022 by L.L. No. 10-2022]
A.
Any person who shall violate any provision of this
chapter or any of the rules and regulations adopted by the Building
Inspector pursuant to this chapter shall be guilty of an offense and
a fine of not less than $500 nor more than $5,000 must be imposed
or imprisonment for a period not to exceed 15 days may be imposed,
or both. Each day's continued violation shall constitute a separate
offense.
