Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 2-27-1978 as L.L. No. 1-1978. Amendments noted where applicable.]

§ 5-1 Title.

This chapter shall be known as the "Assembly Law of the Incorporated Village of Bayville."

§ 5-2 Purpose; interpretation.

A. 
The Board of Trustees, in order to promote proper government and ensure the proper protection, order, conduct, safety, health, welfare and well-being of persons and property within the Incorporated Village of Bayville, finds that it is in the public interest to enact this chapter.
B. 
This chapter is intended to be in addition to any and all existing or subsequently amended or revised local laws of the Incorporated Village of Bayville and to the building laws of the Incorporated Village of Bayville.[1]
[1]
Editor's Note: See Ch. 12, Building Construction, and Ch. 13, Building Construction Administration.
C. 
This chapter shall be construed as in no way negating or modifying strict compliance with any and all existing or subsequently amended or revised local laws of the Incorporated Village of Bayville and with the building laws of the Incorporated Village of Bayville.

§ 5-3 Definitions.

Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated, and any terms not defined herein shall have the meanings set forth in the building laws of the Incorporated Village of Bayville.[1] Words used in the present tense shall include the future, the singular number includes the plural, and the masculine shall include the feminine. "Shall" is mandatory and "may" is permissive.
APPROVED LICENSE
The license issued for a place of assembly by the Board of Trustees of the Incorporated Village of Bayville in accordance with this chapter.
BUILDING INSPECTOR
The Building Inspector of the Incorporated Village of Bayville or his deputy or other duly authorized representative.
LICENSE
Temporary or approved license.
PERSON
Any individual, firm, company, association, society, partnership, corporation or group.
PLACE OF ASSEMBLY
Any room, place or space which is occupied or arranged to be occupied to accommodate more than twenty (20) persons, with or without the levy of an admission fee, for the gathering or collecting or congregating of persons for a common purpose such as but not limited to recreational, amusement, social sports, patriotic, civic, educational, travel and similar purposes, and includes assembly halls, lecture rooms, exhibition halls, museums, auditoriums, instruction rooms, discotheques, dance halls or studios, cabarets, night clubs, cocktail bars, restaurants, any room or space used for private banquets, feasts, socials, card rinks, gymnasiums, public swimming pools, billiard rooms, bowling alleys, archery ranges, halls used for public or private catering purposes, funeral parlors, private schools, concert halls, theaters or any other buildings, sheds or enclosures, tents and other similar classifications of this section as determined by the Building Inspector. Family gatherings in residential buildings are exempt from this definition.
TEMPORARY LICENSE
The license issued for a place of assembly by the Building Inspector upon the filing of an application for an approved license and payment of the fee, all as provided herein.
VILLAGE BOARD
The Board of Trustees of the Incorporated Village of Bayville.
[1]
Editor's Note: See Ch. 12, Building Construction, and Ch. 13, Building Construction Administration.

§ 5-4 License required; application procedure.

A. 
No person shall conduct, maintain or operate a place of assembly or allow, let or permit property to be used as or for a place of assembly without a written license issued by the Board of Trustees of the Incorporated Village of Bayville.
B. 
An application for such a permit shall be by verified petition on forms to be furnished by the Village Clerk and shall include the following information and be submitted with the payment of all fees required herein.
(1) 
The name, age, residence address and telephone number of each applicant; if the applicant is a partnership, the name of the partnership and the name, age, residence address and telephone number of each partner; if the applicant is a corporation, the name of the corporation, the state of incorporation, the name, residence address and telephone number of each officer and director and, when required by the Village Board, the name of each stockholder.
(2) 
The exact location of the premises to be licensed stating the section, block and lot, the street address and community, a metes and bounds description of the plot and the name of the building in which the licensed premises is located.
(3) 
The name, residence address and telephone number of the owners of the building.
(4) 
If the applicant is a lessee, the name, residence address and telephone number of the lessor.
(5) 
Any other information as may be required by the Building Inspector.
(6) 
If there is any change, after the filing of an application for a license, in any of the facts required to be set forth in the application, a supplemental written statement giving notice of the change or changes, duly verified, shall be filed with the Village Clerk within ten (10) days after any change. Failure to do so shall, if willful and deliberate, be cause for suspension or revocation of the license. In giving any notice, or taking any action in reference to a licensee of a licensed premises, the Village Board may rely upon the information furnished in any supplemental statement connected therewith. The information contained therein shall be presumed to be correct and shall be binding upon a licensee or the licensed premises as bona fide information.
(7) 
Whether liquor is to be served on the premises and, if so, a copy or number of the valid liquor license issued by the New York State liquor authority.
(8) 
Whether any person applying for a license or any lessee, manager or operator connected or associated with the licensed premises has ever been convicted of any offense, crime, misdemeanor, violation or of any offense against any local law or municipal ordinance, other than traffic violations, and if so, the nature of the conviction, the court where convicted and the date and penalty assessed.
(9) 
A floor plan drawn to scale showing the sizes of all rooms, sizes of all exits, toilet facilities, seating arrangements, table layouts and spacing, ventilation equipment and specifications.
(10) 
A survey drawn by a surveyor showing all buildings on the plot and their uses, all parking spaces and driveways, curb cuts and stormwater facilities.

§ 5-5 Issuance of license; temporary license.

A. 
Upon completion of the application requirements and following an inspection of the premises to be licensed, and upon the finding by the Village Board that the provisions of this chapter as well as all applicable ordinances, local laws, statutes, rules and regulations have been complied with and that the premises is a safe place for use as a place of assembly, the Village Board shall issue an approved license.
B. 
Upon the filing of the application and payment of the designated fee, the Village Board may, at its discretion, issue a temporary license pending the issuance of an approved license, upon the satisfactory completion of a preliminary investigation.

§ 5-6 Term of license.

A. 
An approved license shall expire one (1) year from the date of issuance. The Village Board may stagger such expiration dates so that all licenses shall not expire on the same month. A renewal of such an application shall become effective as of the date immediately following the expiration of the one previously approved.
B. 
A temporary license shall be valid for a period fixed by the Village Board, not to exceed sixty (60) days from the date of issuance. Such a license may be renewed by the Village Board for an additional period not to exceed sixty (60) days, upon a written request setting forth the reasons therefor, but in no event shall the temporary license be extended beyond six (6) consecutive months.

§ 5-7 Fees.

A. 
Table of fees.
(1) 
Fees for approved licenses issued hereunder shall be payable and shall be based upon the number of persons each place is designed to accommodate as certified by the Village Board and shall be determined pursuant to the following table:
Capacity in Persons
Fee Per Year or Fraction Thereof
20 to 100
$25.00
101 to 150
50.00
151 to 200
75.00
(2) 
An additional fee of fifteen dollars ($15.) shall be charged for each one hundred (100) persons or fraction thereof in excess of two hundred (200) persons. The maximum fee shall not exceed two hundred fifty dollars ($250.).
B. 
Where there is more than one (1) place, room or area of assembly in the same building and the applicant is the same for all the places, rooms or areas of assembly therein, the fee shall be determined on the basis of the sum of the combined occupancies.
C. 
The fee for a temporary license shall be ten dollars ($10.) for each twenty (20) persons or fraction thereof. The fee for the temporary license is not applicable to the approved license fee.
D. 
The fee for the extension of a temporary license shall be ten dollars ($10.) for each thirty (30) days or fraction thereof and shall be payable upon application for each extension. Any fees paid for an extension of a temporary license shall be nonreturnable and shall not be applicable to the total fee required.
E. 
A fee of five dollars ($5.) shall be charged for the replacement, substitute or copy of any temporary or approved license.
F. 
Any room or building that contains a place of worship or a fire department and all recreation facilities and assembly halls owned by the Village of Bayville and other tax-exempt organizations shall not be subject to the fee requirements.

§ 5-8 Occupancy.

A. 
The maximum occupancy of any place of assembly shall be the lesser of the following:
(1) 
The maximum occupancy of a place of assembly fixed by resolution of the Village Board shall apply to such places of assembly.
(2) 
Where the maximum occupancy of a place of assembly is not fixed by Village Board resolution, the maximum occupancy recorded as approved by the Building Inspector, if any, prior to the effective date of this chapter shall apply.
B. 
Where Subsection A of this section is not applicable, the maximum occupancy of a place of assembly shall be as follows:
Occupancy of Specific Area
Number of Persons Permitted
Table and dining areas
15 square feet per person
Counter dining
1 person per counter stool or seat
Bar or cocktail area
6 square feet per person in designated bar area or a distance of 10 feet from bar
Dance floor area
No increase in occupancy
Places containing permanent seats
1 person per seat
Designated waiting area, not including exit and hallways
3 square feet per person
Other places not listed above
Shall be determined by the Village
Board by good, generally accepted standards

§ 5-9 Approval or denial of license.

A. 
The Village Board shall cause an investigation of the application, and following such investigation the license shall be issued or denied. If denied, the reasons therefor shall be indicated in such denial notice.
B. 
A denial of the application shall automatically cancel any temporary license issued hereunder, and the continuance of the operation as a place of assembly shall constitute an offense hereunder, after mailing notice, by regular mail, of such cancellation addressed to the applicant at the residence address of said applicant set forth in the application.

§ 5-10 Suspension or revocation of license.

A. 
The Village Board may suspend or revoke any license issued for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for or renewal of a license.
(2) 
Allowing, suffering or permitting any illegal gambling, sale or use of narcotics or sale or use of dangerous hallucinatory drugs on the premises or allowing, suffering or permitting such premises to be disorderly.
(3) 
Any violation of this chapter.
(4) 
Failure, refusal or neglect of any person, officer or director of any corporation, holding a license for a place of assembly under this Article, to permit entry for inspection or to appear and/or testify under oath at an inquiry or hearing with respect to any matter bearing upon the conduct of the place of assembly or the fitness of the person, as applicable.
(5) 
Failure, refusal or neglect to provide for the health, safety or welfare of persons frequenting the licensed premises.
B. 
The Village Board, upon notice and after a hearing at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license for good cause shown including those set forth in Subsection A above.

§ 5-11 Firesafety.

A. 
All buildings, structures and tenancies of assembly places shall be constructed, arranged, altered and/or designed to retard the spread of fire and to safeguard human life.
B. 
Walls and ceilings shall be maintained free from cracks and openings which would permit flame, smoke or excessive heat to enter a concealed space or permit the spread of fire and smoke.
C. 
All interior finish material for acoustical correction, surface insulation and decorative treatment on surfaces of walls, ceilings, floors and interior trim shall be of a material that, or treated so that, it will not, in burning, give off excessive amounts of smoke or objectionable gases. The Building Code shall be used as a guide to determine the flame-spread requirements.[1]
[1]
Editor's Note: See Ch. 12, Building Construction.
D. 
It shall be prohibited to accumulate or store, except in approved locations with approved safety measures, any highly flammable or explosive matter, such as paints, volatile oils, cleaning fluids and similar materials or any combustible refuse liable to spontaneous combustion, such as wastepaper, boxes, rags or similar materials.
E. 
It shall be prohibited to accumulate or store materials on fire escapes, stairway enclosures, passageways, corridors, doorways, aisles, exitways or any other locations where in event of fire such materials may obstruct egress of occupants or interfere with fire-fighting operations.
F. 
All existing fire protection equipment shall be maintained in good working order and shall be tested from time to time and as required by the Inspector to assure that it is in good working condition.
G. 
Wherever possible, all existing stairways shall be enclosed on top and bottom or both to prevent spread of fire and smoke and to provide safe exits.
H. 
All exit doors shall swing in the direction of a safe exit, unless this is deemed impossible in existing buildings by the Village Board.
I. 
Fire extinguishers shall be of an approved type and size and shall be located where they are easily seen and most convenient to use in case of emergency. The number of fire extinguishers shall be determined by the Village Board in accordance with good general practice.
J. 
All exits shall be arranged, constructed and proportioned so that the occupants shall have a safe, continuous and unobstructed exit from any portion of the interior of the building to the exterior at street or a safe grade level.
K. 
All interior equipment, desks, tables, machinery, stock and other obstructions must be arranged as to provide safe access to all exits. All aisles shall have a minimum width of thirty-six (36) inches.
L. 
Exits shall be located so that they are readily accessible and visible and arranged so as to avoid pockets or dead ends. In no case shall pockets or dead ends extend fifty (50) feet beyond a safe exit.
M. 
Exits shall be so arranged that they will be as remote as possible from each other.

§ 5-12 Maintenance of building exterior.

The exterior of all assembly buildings must be maintained in a sound structural manner so as not to allow decay, rot or deterioration of the exterior walls or roof and as to assure the desirable character of the property.

§ 5-13 Signs.

A. 
All exterior wall, roof, soffit or ground signs must be maintained in a good structural, neat and substantial condition.
B. 
All signs must have permits.

§ 5-14 Pavement and parking areas.

A. 
All pavement required for a place of assembly must be maintained in a good condition and be free of potholes and excessive wear.
B. 
All required parking spaces must be adequately marked or striped.
C. 
No exterior storage of materials, trucks, abandoned cars or trailers is permitted in a parking area.
D. 
All paved areas must be provided with an adequate and approved stormwater drainage system. All stormwater drainage systems must be maintained, cleaned and serviced to perform the requirements they were designed and approved to perform.
E. 
Sleeping in parked cars, trucks or trailers is prohibited.
F. 
All required parking areas must be provided with adequate lighting.

§ 5-15 Fences, screening and landscaping.

A. 
Fences and screening shall be maintained in accordance with the Code of Ordinances of the Incorporated Village of Bayville and shall be safe and in substantially good condition.
B. 
Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated.
C. 
Yards, pavement, courts and other outside areas shall be kept clean and free of physical hazards and debris.
D. 
Grassed and landscaped areas shall be kept clean, trimmed and in a neat condition.
E. 
Grounds, buildings and structures shall be maintained free of insects, vermin and rodent harborage and infestation.

§ 5-16 Sanitation.

A. 
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse pursuant to regulations issued by the Nassau County Department of Health.
B. 
It shall be unlawful to store or accumulate garbage or refuse in any exit area, hallway or stairway.

§ 5-17 Additional requirements.

A. 
All assembly buildings, halls and rooms shall be maintained to have a healthy, safe environment and shall not endanger the environment of others.
B. 
Plumbing, heating, electrical, ventilating, air conditioning, refrigeration, cooking, fire protection equipment, elevators, dumbwaiters, escalators and other mechanical equipment, installations or systems shall be installed, located and maintained so that such equipment and systems shall not be a danger to health, safety or welfare and shall not constitute structural defects or sources of ignition or create excessive noise or otherwise be a nuisance.
C. 
All toilet facilities and kitchens shall be maintained in a clean and sanitary manner.
D. 
All places of assembly shall be designed and maintained so that all noise shall be held to a minimum and shall comply with the noise provisions of the Incorporated Village of Bayville.

§ 5-18 Penalties for offenses.

A. 
Any person who shall conduct, maintain or use any property as a place of assembly, or who shall allow, let, suffer or permit any property to be conducted, maintained or used as a place of assembly, without a license as provided in this chapter, or who shall violate any of the provisions of this chapter, shall be deemed to have committed a violation and, for each violation, shall be subject to a fine not exceeding two hundred fifty dollars ($250.) or imprisonment not in excess of fifteen (15) days.
B. 
In addition to other remedies prescribed herein, the Village Board may maintain an action or proceeding in the name of the Incorporated Village of Bayville in a court of competent jurisdiction to compel compliance or to restrain by injunction the violation of any of the provisions of this chapter.

§ 5-19 Severability.

Should any section or provision of this chapter be decided by a court to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

§ 5-20 When effective.

A. 
This chapter shall become effective pursuant to the provisions of the Municipal Home Rule for all new places of assembly.
B. 
This chapter shall become effective for all existing places of assembly sixty (60) days after it is adopted by the Village Board of the Incorporated Village of Bayville.