[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:
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.
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:
A.
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.
B.
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:
A.
An application on such forms as shall be prescribed by
the Town Board, which forms shall require, at a minimum, the following information:
(1)
The name and address of the applicant for the license.
(2)
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.
(3)
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.
(4)
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.
(5)
A statement as to the primary use of the premises, i.e.,
bar, restaurant, theater.
B.
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.
C.
A valid certificate of occupancy for all buildings, structures
and uses on the property.
A.
All applications for a license for a place of public
assembly shall be submitted in duplicate to the Building Department.
B.
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.
C.
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.
D.
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.
E.
The Building Inspector shall deny the application and
notify the applicant in writing of the reason for the denial if:
(1)
The applicant fails to submit the additional information
requested within 30 days of the issuance of a notice of incomplete application.
(2)
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.
A.
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.
B.
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.
