[HISTORY: Adopted by the Town Board of the Town of Southampton 2-9-1993 by L.L. No. 4-1993. Amendments noted where applicable.]
This chapter is to be used to supplement existing laws, and nothing herein shall be construed as rendering existing laws invalid or inapplicable. Wherever a conflict exists between a provision herein and any existing law, the existing law shall prevail except where this chapter imposes a more stringent requirement, in which event this chapter shall prevail.
As used in this chapter, the following terms shall have the meanings indicated:
- OCCUPANCY LOAD
- The maximum number of people, as calculated in accordance with the New York State Fire Prevention and Building Code, that can occupy a building or structure or portion thereof or any space of enclosure, whether indoor or outdoor.
- PLACE OF PUBLIC ASSEMBLY
- A building or other structure or portion thereof or any space or enclosure, whether indoor or outdoor, used primarily for gathering together an occupant load of 50 or more persons for amusement, dining, dancing, drinking, entertainment, exhibition, performance, recreational, social or similar purposes, the entire fire area of which it is a part, and the means of egress therefrom.
It shall be unlawful for any person, business, association, partnership, corporation, not-for-profit corporation or other entity to:
Own or operate a place of public assembly without a license as a place of public assembly. Every license issued pursuant to this chapter shall be specific to the premises and to the owner, and, if any, to the tenant managing or operating the business located on the premises. Licenses shall not be transferable or assignable.
Make alterations to the layout of any place of public assembly without first filing a revised set of floor plans and obtaining a new license.
An application for a license for a place of public assembly, in order to be considered complete, shall include all of the documentation listed below:
An application on such forms as shall be prescribed by the Town Board, which forms shall require, at a minimum, the following information:
The name and address of the applicant for the license.
The name and address (business and residence) of the owner of the premises, and the name and address (business residence) of at least one individual within Suffolk County who is authorized to accept service on behalf of the owner.
If the premises are leased, the names and addresses (business and residence) of all lessees, sublessees, assignees and tenants, and the name and address (business and residence) of at least one individual within Suffolk County who is authorized to accept service on behalf of the lessee, sublessee, assignee or tenant.
The name and address of at least one individual who manages or is generally in charge of the premises during the hours that the premises are open for business or otherwise functioning as a place of public assembly.
A statement as to the primary use of the premises, i.e., bar, restaurant, theater.
A set of floor plans, drawn to scale, of the furniture, equipment and interior partitions on the premises, including any outdoor areas of use. The plans shall be retained on file in the Fire Marshal's office.
A valid certificate of occupancy for all buildings, structures and uses on the property.
All applications for a license for a place of public assembly shall be submitted in duplicate to the Building Department.
The Building Inspector shall first determine if the application is complete. If it is complete, the Building Inspector shall cause one complete copy to be forwarded to the Fire Marshal for a determination of the applicable occupancy rating after an on-site inspection to confirm the accuracy of the floor plan.
The Building Inspector shall issue a license upon determining that the application is complete and that the intended or actual use of the premises is consistent with the uses permitted pursuant to the certificate of occupancy issued for the premises and upon receipt of an occupancy load figure from the Fire Marshal.
If the application is incomplete, the Building Inspector shall notify the applicant as to the specific information or documentation required to complete the application and that the applicant has 30 days from the date of the notice to submit the additional information.
The Building Inspector shall deny the application and notify the applicant in writing of the reason for the denial if:
The applicant fails to submit the additional information requested within 30 days of the issuance of a notice of incomplete application.
The Building Inspector determines that the intended or actual use of the premises is inconsistent with the uses permitted under the certificate of occupancy.
All licenses for a place of public assembly shall expire on the 31st day of December in the year for which they are issued.
In any instance where the applicant alleges that the Building Inspector erroneously denied an application on the basis that the application was incomplete, the applicant may appeal the decision to the Town Board.
In any instance where the applicant alleges that the Building Inspector erroneously denied an application on the basis that the proposed use of the premises was inconsistent with the uses permitted under the certificate of occupancy issued therefor, the applicant may appeal the decision to the Zoning Board of Appeals.
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.
In addition to the penalties provided under § 264-10, a license may be revoked before the expiration of its term upon a report and recommendation by the Fire Marshal or the Building Inspector and a determination by the Town Board, after a hearing for which the applicant has received written notice and an opportunity to be heard, that the provisions of § 264-3B have been violated or that a material false statement was made in the application for a license.
Any person who shall own, operate or manage a place of public assembly in violation of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000 or by imprisonment for not more than 15 days, or both, for each and every violation. Each day's continued violation shall constitute a separate violation.