No person, persons, companies, corporations or any others having charge or control of any building or vacant lot or lots or parcels of land in the Town of Niskayuna or any part thereof, either as owner, lessee, agent or otherwise, shall use or allow any other person or persons, company or corporation to use such building or any part thereof or any such vacant lot or lots or parcels of land as a place of public amusement or for the giving of any circus, carnival, menagerie or outdoor show or exhibition of any kind, whether an admission fee is charged or not, unless license therefor is first duly obtained in the manner hereinafter specified; nor shall any person or persons, company or corporation keep any public hall or other place for rent for dances or balls unless license therefor is first duly obtained in the manner hereinafter specified; under a penalty as provided in §
91-6 an each and every such violation, to be recovered in the name of the Town of Niskayuna from the proprietor, lessee, owner or managing agent of such building or vacant lot or lots or parcels of lands so used as aforesaid for the maintenance of a place of amusement, as aforesaid.
No circus, carnival or other exhibition or performance shall be given in any place within the Town of Niskayuna unless a license is first duly granted for the same by the Town Clerk of said Town and issued as provided in §
91-1 hereof to the owner, lessee, agent or other person owning or having charge of said building or any part thereof or of any vacant lot or lots or parcel or parcels of land to be used therefor. Before any such license shall be issued, the circus, carnival or other performance shall furnish to the Town Clerk, in an affidavit, such information as the Town Board of said Town may require, and no circus, carnival or any other performance under this Article shall be had or given and no license shall be issued, as provided for herein, until such affidavit is furnished.
For every circus, carnival, menagerie or outdoor performance, the license
fee shall be the sum of $100 in the case of a circus or carnival for each
and every day open to the public; and in the case of other outdoor shows or
performances, the license fee shall be the sum of $10 for each and every day
open to the public; and in the case of a public hall or any other public place
rented for dances or balls, the license fee shall be the sum of $5, the same
to cover said public place for a term of one year from the date of said license.
In the case of public dance halls licensed herein, the dancing shall
be allowed up to 2:00 a.m. and no longer, and no person or persons under the
age of 16 years shall be permitted or allowed to attend the same. The Town
Board reserves the right to revoke the license issued for said public dancing
at any time during the term of said license upon complaint made in connection
therewith and after the Town Board has investigated and given the licensee
an opportunity to be heard in connection therewith.
All moneys collected for such fees, as above provided, shall be immediately
paid to the Supervisor of said Town.
Any person committing an offense against any provision of this Article
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this Article shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
This Article shall be known and may be cited as the "Motion-Picture
Theater and Theatrical Performance Ordinance of the Town of Niskayuna."
As used in this Article, the following terms shall have the meanings
indicated:
This Article shall apply to all exhibits or displays of moving pictures,
either silent or talking, whenever shown to the public for profit in the Town
of Niskayuna.
[Amended 12-4-1973; 12-20-1988]
A. No theatrical exposition, showing or display, including
the showing and display of moving pictures, either silent or talking, by any
person or corporation, primarily for pecuniary gain or profit, shall be held
in the Town of Niskayuna without securing a license, which shall require a
yearly fee to be established by the Town Board.
B. A license fee for the operation of theaters in the Town
of Niskayuna is established at $600 per movie screen per calendar year or
any part thereof, said license to expire December 31 of the year in which
the same is issued.
No such permit or license shall be issued until after adequate provision
is made for fire protection, police protection and sanitary facilities for
both men and women, in compliance with the laws of the State of New York and
the ordinances of the Town of Niskayuna, in such cases made and provided.
Any person committing an offense against any provision of this Article
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this Article shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.