[HISTORY: Adopted by the Board of Trustees
of the Village of Rockville Centre 6-17-2008 by L.L. No. 7-2008.
Amendments noted where applicable.]
GENERAL REFERENCES
Amusement and gaming devices — See Ch. 84.
Bowling alleys and pool halls — See Ch. 105.
Entertainment — See Ch. 163.
Fire escapes — See Ch. 181.
Fire prevention and control — See Ch. 185.
Food and drink dispensers — See Ch. 191.
Licenses — See Ch. 222.
Peace and good order — See Ch. 247.
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:
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 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.
A.
All applications for a license for a place of public
assembly shall be submitted in duplicate to the Superintendent of
Buildings and shall be accompanied by payment of the required fee
as established by resolution of the Board of Trustees.
B.
The Superintendent of Buildings shall determine if
the application is complete. If it is complete, the Superintendent
of Buildings shall make a determination of the applicable occupancy
rating after an on-site inspection to confirm the accuracy of the
floor plan.
C.
If the application is incomplete, the Superintendent
of Buildings 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.
D.
The Superintendent of Buildings 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 Superintendent of Buildings determines that the
intended or actual use of the premises is inconsistent with the uses
permitted under the certificate of occupancy.
E.
The Mayor shall issue a license upon a determination
by the Superintendent of Buildings 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 the occupancy. The Mayor may delegate such authority
to the Superintendent of Buildings.
F.
In granting any license pursuant to this chapter,
the issuing authority may impose reasonable conditions to protect
the public health, safety and general welfare.
All licenses for a place of public assembly
shall expire on December 31 in the year for which they are issued.
A.
In any instance where the applicant alleges that the
Superintendent of Buildings erroneously denied an application on the
basis that the application was incomplete, the applicant may appeal
that denial to the Board of Trustees in writing within 15 days after
such denial.
B.
In any instance where the applicant alleges that the
Superintendent of Buildings 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 that denial to the Board of Appeals in accordance
with customary procedures for appeals to that Board.
C.
In any instance when a licensee alleges that conditions
were improperly imposed in the granting of a license pursuant to this
chapter, the licensee may appeal the imposition of such conditions
to the Board of Trustees in writing within 30 days after the imposition
of such conditions.
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.
A.
In addition to the penalties provided in this Code,
a license for a place of public assembly may be suspended or revoked
before the expiration of its term upon a written report and recommendation
by the Superintendent of Buildings and a determination by the Board
of Trustees, after a hearing for which the licensee has had has received
at least 10 days' written notice and at which the licensee has had
an opportunity to be heard, that the provisions of this chapter have
been violated or that a material false statement was made in the application
for a license.
B.
Where the Superintendent of Buildings determines that
the continued operation of a place of public assembly in violation
of the provisions of this chapter would be detrimental to public safety,
the Superintendent of Buildings may suspend such license pending the
outcome of the suspension or revocation hearing provided in this section,
provided that the Superintendent of Buildings has given written notice
of such proposed action to the licensee or the licensee's authorized
agent, and the licensee has had a reasonable opportunity to be heard
before the Superintendent of Buildings.
