Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 2-17-1937 (Ch. 21 of 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 52.
Electrical standards — See Ch. 90.
Fire prevention and building construction — See Ch. 106.
Noise — See Ch. 141.
Plumbing — See Ch. 158.
Property maintenance — See Ch. 161.
Zoning — See Ch. 240.

§ 82-1 Applicability.

This chapter shall apply only to that part of the Town of Mamaroneck outside of incorporated villages, and whenever and wherever the words "Town of Mamaroneck" are used, such words shall mean the Town of Mamaroneck outside of incorporated villages.

§ 82-2 Definitions.

[Amended 5-3-1939; 1-7-1953]
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes individuals, copartnerships, corporations and incorporated and joint-stock associations.
PRIVATE HOMES
Only such buildings as are used exclusively for private dwelling purposes.
PUBLIC DANCE HALL
Any room, place or space in which a public dance or public ball may be held, and any hall or academy in which classes in dancing are held or instruction in dancing is given for compensation or hire, including any premises where space for dancing is provided in connection with the sale of food and/or drink.
PUBLIC DANCE OR PUBLIC BALL
Any dance or ball to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token or in which a charge is made for caring for clothing or other property, or any other place where dancing is permitted, to which the public generally may gain admission with or without the payment of a fee, including dancing in hotels, restaurants and/or places licensed to sell alcoholic beverages under the provisions of the Alcoholic Beverage Control Law of the State of New York.

§ 82-3 License required.

[Amended 1-7-1953]
No public dance, public ball or classes in dancing for compensation or hire shall be held or conducted in any hall or academy within the Town of Mamaroneck until the hall or room in which the same is to be held shall first have been duly licensed for such purpose, pursuant to the provisions of this chapter. Such licenses shall be issued by the Town Clerk as provided in § 137 of the Town Law and posted in a conspicuous place near the main entrance of the licensed premises, and such license shall expire on the 31st day of December next following its issuance.

§ 82-4 License fee.

[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
The fee for such license to be paid at the time of issuance shall be as set forth in § A250-1, but if the application is for a period of six months or less, the fee shall be 1/2 the yearly fee.

§ 82-5 Compliance with regulations.

[Amended 1-7-1953; 10-16-2002 by L.L. No. 10-2002]
No dance hall or dance license shall be issued until it shall be found that the premises comply with and conform to all regulations for the protection of public health and safety of buildings and for the protection of public fire, that they are properly ventilated and supplied with sufficient toilet conveniences and that they are a safe and proper place for the purpose for which they are used. The Police Department, the Fire Department and the Director of Building Code Enforcement and Land Use Administration shall conduct an investigation of any application filed with the Town Clerk, and a report of such investigation shall be attached to the application for the consideration of the Town Clerk.

§ 82-6 Denial; reapplication; revocation.

[Amended 1-7-1953]
The Town Clerk may refuse to issue any dance or dance hall license for the reasons stated in § 137 of the Town Law, and the applicant may apply to the Town Board of the Town of Mamaroneck after such refusal, all as provided in § 137 of the Town Law, and any license issued pursuant to this chapter may be revoked after a hearing as provided in § 137 of the Town Law.

§ 82-7 Sanitation and lighting.

All public dance halls shall be kept at all times in a clean, healthful and sanitary condition, and all stairways and other passages and all rooms connected with a dance hall shall be kept open and well lighted at all times while dances or balls are being held.

§ 82-8 Vacating premises for violations.

[Amended 7-17-1996 by L.L. No. 14-1996]
The Town Board may cause any public dance hall to be vacated whenever any provision of this chapter or any other law, code, rule or regulation is being violated.

§ 82-9 Police supervision.

Every public dance or ball may be continuously attended and supervised by a member of the police force, whose duty it shall be to preserve order and require compliance with all provisions of this chapter.

§ 82-10 Closing hour; special permits.

All public dances and balls shall be discontinued and all public dance halls shall be closed at or before the hour of 3:00 a.m., Eastern standard time or daylight saving time, whichever may be then in effect; provided, however, that upon the application of a bona fide society, club or organization and after an investigation by the Board of Police Commissioners, the Town Board may grant to such society, club or organization a special permit to continue any dance or ball until a later hour.

§ 82-11 Minors.

It shall be unlawful after 9:00 p.m., Eastern standard time or daylight saving time, whichever may then be in effect, to permit any person to attend or take part in any public dance or ball who has not actually or apparently reached the age of 16 years, unless such person shall be in the company of one of his or her parents or a suitable guardian. It shall be unlawful for any person to represent himself or herself to have attained the age of 16 years in order to obtain admission to a public dance hall or to be permitted to remain therein when such person, in fact, is under 16 years of age, and it shall also be unlawful for any person to represent himself or herself to be a parent or guardian of any minor in order that such minor may obtain admission to a public dance or be permitted to remain at such dance when the person making the representation is not, in fact, a parent or guardian of such minor person.

§ 82-12 Building requirements.

[Amended 1-7-1953; 10-16-2002 by L.L. No. 10-2002]
No building shall be constructed, remodeled or altered for dance hall purposes except with the approval of the Director of Building Code Enforcement and Land Use Administration and upon proof that there has been compliance with all laws and regulations of the State of New York, County of Westchester, and Chapter 106, Fire Prevention and Building Construction, applicable to the premises.

§ 82-13 License validity; nontransferability.

All licenses issued pursuant to this chapter shall be valid only so long as the licensee shall comply with all the regulations contained in this chapter, and such licensees shall not be transferable.

§ 82-14 Plumbing facilities and checkrooms.

No dance halls shall be licensed pursuant to the provisions of this chapter unless suitable provisions shall have been made to provide for the furnishing of drinking water with individual cups and unless suitable provisions shall have been made for the checking of wearing apparel in wardrobes or checkrooms and unless provisions suitable to the Town Board shall have been made for the proper and necessary toilet facilities for men and women, said toilets to be so located as to afford absolute privacy.

§ 82-15 Exclusions from required fee.

[Amended 7-17-1996 by L.L. No. 14-1996]
The provisions of § 82-4 of this chapter shall not apply to any bona fide religious, benevolent, charitable, fraternal or labor society, club or organization nor to any organization of United States war veterans or its auxiliary nor to any duly organized Fire Department or its auxiliary nor to a bona fide social settlement house, giving dances as merely incidental to the purposes for which it is formed.

§ 82-16 Penalties for offenses.

[Amended 12-17-1953; 10-20-1954; 7-17-1996 by L.L. No. 14-1996]
A. 
Any person violating any of the provisions of this chapter, as the same may be from time to time amended, for which no other penalty is provided shall be guilty of a violation punishable by imprisonment for not more than 15 days or by a fine of not more than $250, or both. Each day during which a violation continues shall be considered a separate violation.
B. 
Additional penalties.
(1) 
Violation of §§ 82-3, 82-7, 82-10, 82-11 and 82-12 of this chapter shall subject the offender, for each offense, to a civil penalty not to exceed $250.
(2) 
The penalty for violation as above provided shall be in addition to any fine provided for in § 82-16A.
(3) 
Every day or part thereof that such violation shall continue shall be deemed to be a separate and distinct violation of said several provisions of this chapter and shall render every person liable for a separate penalty for each such violation.