[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 2-27-1978 by L.L. No. 1-1978. Amendments noted where
applicable.]
This chapter shall be known as the "Assembly
Law of the Incorporated Village of Bayville."
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]
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.
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.
The license issued for a place of assembly by the Board of
Trustees of the Incorporated Village of Bayville in accordance with
this chapter.
The Building Inspector of the Incorporated Village of Bayville
or his deputy or other duly authorized representative.
Temporary or approved license.
Any individual, firm, company, association, society, partnership,
corporation or group.
Any room, place or space which is occupied or arranged to
be occupied to accommodate more than 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.
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.
The Board of Trustees of the Incorporated Village of Bayville.
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 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.
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.
A.
An approved license shall expire one 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 60 days from the date of issuance.
Such a license may be renewed by the Village Board for an additional
period not to exceed 60 days, upon a written request setting forth
the reasons therefor, but in no event shall the temporary license
be extended beyond six consecutive months.
A.
Table of fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 in an amount as set from time to time by resolution of the Board
of Trustees.
(2)
An additional fee in an amount as set from time to
time by resolution of the Board of Trustees shall be charged for each
100 persons or fraction thereof in excess of 200 persons.
B.
Where there is more than one 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 in an amount
as set from time to time by resolution of the Board of Trustees for
each 20 persons or fraction thereof. The fee for the temporary license
is not applicable to the approved license fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The fee for the extension of a temporary license shall
be in an amount as set from time to time by resolution of the Board
of Trustees for each 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
A fee in an amount as set from time to time by resolution
of the Board of Trustees shall be charged for the replacement, substitute
or copy of any temporary or approved license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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
|
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.
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 chapter, 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.
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 firefighting
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 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 50 feet beyond a safe exit.
M.
Exits shall be so arranged that they will be as remote
as possible from each other.
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.
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.
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.
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.
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.
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 $500 or imprisonment not in excess of 15 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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.
