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 other law, this chapter shall prevail, except
that if the other law contains or imposes a more stringent requirement
the other law shall prevail.
As used in this chapter and unless the context
clearly indicates otherwise, 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 one or more persons
or entities to:
A. Own or operate a place of public assembly without
a license as a place of public assembly or at any time such license
is not in good standing. 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,
and such licenses shall not be transferable or assignable; or
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 Superintendent of Buildings, 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 and residence)
of at least one individual within Nassau County who is authorized
to accept service on behalf of the owner.
(3) If the premises is 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 the Village of Nassau County who is authorized
to accept service on behalf of the lessee, sublessee, assignee or
tenant.
(4) The name and address (business and residence) of at
least one individual who manages or is generally in charge of the
premises during the hours that the premises is 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.
(6) 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 with the Village
Superintendent of Buildings.
(7) A valid certificate of occupancy for all buildings,
structures and uses on the property.
B. Such other information as the Superintendent of Buildings
may reasonably require to assist in making any determination pursuant
to this chapter.
All licenses for a place of public assembly
shall expire on December 31 in the year for which they are issued.
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.