Village of Freeport, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 11-28-1983 by L.L. No. 18-1983.[1] Amendments noted where applicable.]
[1]
Editor's Note: The first paragraph of this local law provided as follows: "With a view toward safeguarding the health, safety and the general welfare of persons within the jurisdictional area of the Incorporated Village of Freeport, it is hereby declared to be the policy of the Village Board that this chapter shall facilitate the regulation of places of public assembly by setting forth hereunder certain responsibilities, rules and regulations, which shall apply not only to the owners thereof, but also to persons who obtain permission from the owner of a place of public assembly to occupy the premises as lessee, licensee, coadventurer, concessionaire or in any other capacity which is different from that of owner and operator."

§ 165-1 Definitions; interpretations; word usage.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person applying for a license or the renewal of an approved license under this chapter.
APPROVED LICENSE
The license issued by the Village Clerk at the direction of and pursuant to the permission granted by the Superintendent for a place of public assembly to operate, only after receipt of information indicates that all applicable requirements of this chapter have been complied with.
CABARET
Any room, place or space wherein musical entertainment, singing, dancing in a designated area or other form of amusement or entertainment is permitted in conjunction with the sale or service of food or drink to the public, except such places providing musical entertainment by mechanical means without dancing or by having musical entertainment of not more than three musical instruments consisting of a piano, organ, accordian, string instrument or any combination thereof without any means of electrical or electronic amplification connected directly thereto. For purposes of this chapter, the term "cabaret" includes the terms "nightclub" and "discotheque."
CATERING ESTABLISHMENT
Any room, place or space which is used, leased or hired out in the business of serving food and drink for a particular function, occasion or event and to which the general public is not invited and wherein music, entertainment and/or dancing may or may not be provided.
DANCE HALL
Any room, place or space in which dancing is carried on and to which the public may gain admission either with or without the payment of a fee.
LICENSE
Whenever used in this chapter, shall also apply to the terms "temporary license" or "approved license."
PERSON
An individual, partnership, club, corporation, association, society or any other organized group of persons and shall include the officers, directors, stockholders and trustees thereof.
PLACE OF PUBLIC ASSEMBLY
Any room, place or space which is occupied or arranged to be occupied for recreational, amusement, social, sports, religious, patriotic, civic, travel and similar purposes and shall include assembly halls, lecture rooms, exhibition halls, museums, auditoriums, instruction rooms, dance halls or studios; places of public exhibition for the conduct of such activities and events as an outdoor music concert, a circus, fair, carnival, menagerie, caravan of animals, animal show, exhibition of any natural or artificial curiosity or other performance or exhibition of such nature; cabarets, night clubs, discotheques, restaurants, luncheonettes, diners, social clubs, bottle clubs; bars, grilles or a combination thereof; any room or space used for private banquets, feasts, socials, card parties, bingo or weddings; halls used for public or private catering purposes; hotels, motels or boatels; lodge or meeting halls or rooms; skating rinks, gymnasiums, swimming pools, billiard rooms, bowling alleys and archery ranges, other than those designed or intended exclusively for recreational home use; funeral parlors, tattoo parlors and ice cream parlors; private or parochial schools; recreation rooms and arcades, including those containing pinball machines, mechanical or electromechanical games or video games, and which charge a fee for admission or for the use of said machinery or equipment; concert halls, broadcasting studios, theaters, motion-picture theaters; passenger stations and terminals of air, surface, underground and marine public transportation facilities; or any other building, shed or enclosure, whether indoor or outdoor, coming within the occupancy and other similar classifications of this section as determined by the officer charged with the enforcement of this chapter.
RESTAURANT
A public eating place which is regularly used and kept open for the serving of food for compensation and which has suitable kitchen facilities connected therewith containing conveniences for cooking and kept in a sanitary condition.
SOCIAL CLUB
Any place or establishment, other than a restaurant, cabaret, catering establishment, dance hall, bar or grille, whose social features are a material part of its activities and necessary to its existence and not merely incidental, whether or not having a liquor license and where food, alcohol or alcoholic beverages are dispensed or where music, entertainment or recreation is taking place, whether or not an admission fee, membership fee, dues or the like is charged. For the purposes of this chapter, the term "social club" shall include the term "bottle club."
SUPERINTENDENT
The legally designated officer in charge of the Department of Buildings of the Incorporated Village of Freeport, New York, or his authorized representatives. Whenever the term "Superintendent" is used in this chapter, it shall be synonymous with the term "Superintendent of the Department of Buildings."
TEMPORARY LICENSE
A license issued by the Village Clerk pursuant to the direction of the Superintendent, for a limited period of time, pending the Superintendent's determination on the grant or denial of an approved license.
THE INCORPORATED VILLAGE OF FREEPORT
For the purpose of enforcement of this chapter, that area within the geographical confines of the Village wherein the Superintendent has jurisdiction.
VILLAGE BOARD
The Board of Trustees and Mayor of the Incorporated Village of Freeport.
VILLAGE CLERK
The Clerk of the Board of Trustees of the Incorporated Village of Freeport or his duly authorized representatives, including the Deputy Village Clerk and the Registrar.
B. 
Interpretation. In distinguishing between the terms "restaurant," "social club," "dance hall" and "cabaret," as above defined, such factors as the extent to which food is served on the premises, whether there is dancing or entertainment on the premises, and whether an admission fee is charged shall be determinative. These determinative factors shall apply to the enforcement of the provisions of this chapter and of any companion statute, local law, ordinance, rule or regulation respecting the operation of restaurants.
C. 
Words singular in meaning shall be pluralized where the sense of a sentence so requires.
D. 
Words referred to in the masculine gender shall include the feminine and neuter genders as the sense of the word requires (e.g. "Superintendent" may be masculine or feminine; "person" may be neuter if referring to a corporation).

§ 165-2 Jurisdiction of Superintendent.

Under this chapter, the Superintendent shall have jurisdiction over and in conjunction with the following functions and duties regarding the regulation and licensing of places of public assembly, namely the:
A. 
Approval or denial of licenses hereunder and the revocation or suspension thereof and the notification of applicants and licensees of such actions taken.
B. 
Inspection of places of public assembly at reasonable times.
C. 
Prescription of forms for applications or licenses under this chapter and for all reports which he deems necessary to be made by any licensee, permittee or applicant.
D. 
Holding of hearings, subpoenaing of witnesses, compelling their attendance, administering oaths, examining any person under oath and, in connection therewith, requiring the producing of any books or papers relative to the inquiry.
E. 
Adoption of reasonable rules and regulations as may be necessary for the proper control, operation and supervision of places of public assembly.
F. 
Recommendation to the Village Board of changes or amendments to this chapter.

§ 165-3 License required; application; inspection; issuance of license.

A. 
It shall be unlawful for any person to conduct, maintain or operate a place of public assembly within the Village who has not been issued a temporary license or an approved license under this chapter, either of which is currently in effect for the premises where the place of public assembly is conducted, maintained or operated.
B. 
An approved license shall be issued for a place of public assembly by the Village Clerk only after the Superintendent shall first have caused an inspection to be made of the premises to be licensed and is satisfied that the provisions of this chapter and all other applicable laws, ordinances, codes, rules and regulations pertaining to fire, electrical, plumbing, building construction, zoning, noise, environmental, health and safety requirements contained therein have been complied with, together with all fees provided for herein being paid, and is further satisfied that the premises are a safe place in which to conduct, maintain or operate a place of public assembly and a proper use has been established for the premises.
C. 
Upon the filing of the application and the payment of the stipulated fee as provided by this chapter, the Village Clerk shall issue a receipt, subject to an inspection of the premises by the Superintendent and the Superintendent's finding to the effect that no hazardous conditions exist, and will thereupon issue a temporary license, which shall remain in effect until such time as the applicant has been notified by the Superintendent of the approval or denial of an approved license. In no event shall a temporary license exceed the time limitation as prescribed in § 165-4 hereinafter set forth.
D. 
Each application shall contain at least the following information and any additional information as may be required upon the request of the Superintendent:
(1) 
The name, age and residence address of each applicant, and if there is more than one and they are partners, the partnership name and the age and residence address of each partner.
(2) 
If the applicant is a stock, membership, public benefit or not-for-profit corporation, the name and residence address of each officer and director and the state under the laws of which the corporate applicant is organized; additionally, in the case of a stock corporation, and except in the discretion of the Superintendent, the names and residence address of each of the stockholders shall be listed.
(3) 
The premises to be licensed, stating the street and number, if any; otherwise such description as will reasonably indicate the location thereof.
(4) 
The name and residence address of the owner of the building or premises wherein or whereon the licensed premises is located.
(5) 
Whether the applicant is a lessee and, if so, the name and residence of the lessor.
(6) 
If the applicant does not reside in the Incorporated Village of Freeport, he shall designate an agent, who shall be a natural person residing or having a place of business in the Incorporated Village of Freeport. The agent shall be authorized and shall agree, by verified statement, to accept notices or summonses issued by the Superintendent with respect to violation of any laws, ordinances, rules or regulations enforceable by the Superintendent.
(7) 
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 statement giving notice of the change or changes, duly verified, shall be filed with the Superintendent within 10 days after any change. Failure to do so shall, if willful and deliberate, be cause for the suspension, denial or revocation of the license. In giving any notice or taking any action in reference to a licensee of a licensed premises, the Superintendent may rely upon the information furnished in any supplemental statement connected therewith, and 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. This supplemental statement may be waived by the Superintendent at his discretion, whenever it applies to stockholders holding less than 10% of the issued stock of a corporation.
E. 
In addition to the prerequisites set forth in § 165-3B of this chapter, an approved license for a dance hall or cabaret shall be issued if the Superintendent is satisfied that the applicant is a fit and proper person and a proper use has been established for the premises. All applicants for a dance hall or cabaret license shall be fingerprinted. If the applicant is a business corporation, all officers, directors, stockholders and other persons interested in the licensed premises or entitled to a share of the income or profits therefrom shall be fingerprinted, unless the Superintendent deems such fingerprinting unnecessary or, in lieu thereof, a valid liquor license has been issued to the applicant of the place of public assembly by the New York State Liquor Authority and is currently in effect and in good standing.
F. 
In addition to the information required in the preceding § 185-3D and E of this chapter, when application is made for a dance hall, social club or cabaret license, the following information shall be given:
(1) 
The name and residence address of each person interested or to become interested in the business covered by the license for which the application is made, together with the nature of such interest and evidence that a proper use has been established for the premises.
(2) 
The nature of the applicant's interest in the business covered by the license for which application is made and the name of any other person, either as principal, agent or associate, interested in the licensed premises or in the business covered by the license applied for.
(3) 
Whether the person applying for a license has ever been convicted of any offense, crime, misdemeanor, violation or of any offense against any local law or municipal ordinance and, if so, the nature of the conviction, the court where convicted and the date and penalty assessed.

§ 165-4 Expiration, date of issuance and renewal of licenses.

A. 
An approved license shall expire on July 31 of each year.
[Amended 9-8-2015 by L.L. No. 7-2015]
B. 
The date of issuance of an approved license shall be the same as the date of issuance of the temporary license immediately preceding.
C. 
Renewal of an approved license shall be effective on the date following expiration of the one previously approved.
D. 
A temporary license may be granted for a period not in excess of 60 days from the date of issuance. However, the holder of a temporary license must submit a written request to the Superintendent for each extension of a temporary license outlining the reasons therefor. The Superintendent may grant not more than a thirty-day extension for each request subject to the requirements of § 165-5E of this chapter. No more than two extensions of a temporary license shall be permitted.

§ 165-5 License fees; permitted occupancy.

A. 
Fees for public assembly licenses issued under this chapter shall be payable annually and shall be based on the number of persons each place is designed to accommodate as certified by the Superintendent.
B. 
Annual fees for public assembly licenses shall be determined pursuant to the following table:
Capacity in Persons
Fee Per Year or Fraction Thereof
1 to 100
$40.00
101 to 300
125.00
301 to 600
150.00
601 to 1,000
250.00
An additional fee of $25 shall be charged for each 100 persons or fraction thereof in excess of 1,000. The maximum fee shall not exceed $500 per year.
C. 
Where there is more than one place of public assembly in the same building and the applicant is the same for the several places of public assembly therein, the fee shall be determined on the basis of the sum of the combined occupancies.
D. 
The fee required for filing an application under this chapter shall be $25. If the application is disapproved, the filing fee shall be retained to cover the cost of processing. If the application is approved, the filing fee shall be credited and applied to the total fee.
E. 
The fee for the extension of a temporary license shall be $10 for each 30 days or fraction thereof and shall be payable to the Village Clerk 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.
F. 
A fee of $10 shall be charged for the replacement or substitute copy of a temporary or approved license or occupancy poster.
G. 
The number of persons permitted to occupy a place of public assembly shall be certified by the Superintendent and shall be determined pursuant to the following table:
Place of Public Assembly
Usable Floor Area Per Person1, 2
(square feet3)
Dance hall, social club, cabaret, restaurant and catering establishment
15
Billiard rooms, golf schools and archery ranges
50
Designated waiting or standing space
3
Skating rinks
40
Bowling alleys
504
Any other space containing portable seats
65
Any other space containing seats permanently secured to the floor
Total number of seats
Other space not classified herein
406
NOTES:
1 Usable floor area shall mean the areas of those spaces generally used or occupied by the public for public purposes.
2 This column shall apply to any place of public assembly and to all additions, alterations or renovation to places of public assembly made on or after the effective date of this chapter.
3 Unless otherwise indicated.
4 Alley shall include 15 feet of runway.
5 For floor area actually occupied by seats. If the entire floor area is considered, or if the seats exceed 21 inches in width and the distance back to back of the seats is 36 inches or more, use 10 square feet per person.
6 Or as may be determined by the Superintendent, based on construction, firesafety, use and the health, safety and welfare of persons occupying the place of public assembly.

§ 165-6 Denial of license.

A. 
The following persons shall be prohibited from receiving a license for a cabaret, dance hall or social club:
(1) 
Any person, partnership or corporation and each member, principal officer and director thereof, as the case may be, who has been convicted of a felony or any of the misdemeanors mentioned in § 1146 of the former Penal Law as in force and effect immediately prior to September 1, 1967, or of an offense defined in § 230.20 or 230.40 of the Penal Law, unless such person shall have received an executive pardon thereafter effecting the removal of the conviction or unless a certificate of good conduct has been granted by the Board of Parole pursuant to the provisions of the Executive Law thus removing the disqualification resulting from such conviction.
(2) 
Any person who has had any license issued under this chapter revoked for cause during a one-year period from the date of such revocation.
B. 
Disapproval of any application for a license by the Superintendent shall automatically cancel any temporary license previously issued; after notice of disapproval or cancellation has been duly given pursuant to this chapter, any continuance of operation as a place of public assembly shall be considered an offense hereunder and subject to penalties under this chapter.

§ 165-7 Suspension or revocation of license.

The Superintendent, upon notice and after a hearing at which the licensee shall be given an opportunity to be heard, may suspend, modify or revoke any license issued for any of the following causes:
A. 
When a person licensed hereunder makes any false material statement in the application for a license.
B. 
When a person licensed hereunder suffers or knowingly permits any gambling, except as may be permitted by the State of New York; suffers or knowingly permits the sale or use of narcotics or sale or use of dangerous hallucinatory drugs on the premises; or suffers or knowingly permits such premises to become disorderly.
C. 
For an offense against any provision of this chapter.
D. 
For failure, refusal or neglect of any person, officer or director of any corporation holding a license for a place of public assembly under this chapter to appear or testify under oath at an inquiry or hearing held by the Superintendent with respect to any matter bearing upon the conduct of the place of public assembly or the fitness of the person, as applicable.
E. 
For failure, refusal or neglect to provide for the health, safety or welfare of persons frequenting the licensed premises.

§ 165-8 Service of notice.

Any notice to be given by the Superintendent under this chapter, unless otherwise provided for herein, shall be deemed to have been duly given when:
A. 
In the case of an applicant or licensee who is a natural person, it is served personally upon the applicant or licensee, as the case may be, or, in the absence of personal service, it is sent by registered or certified mail to the applicant or licensee addressed to his (her) residence listed on the application, together with a copy of the notice by regular mail to the address of the premises licensed or to be licensed.
B. 
In the case of a partnership, corporation or other business organization, it is served personally upon a partner or an officer, director or managing agent of the corporation or a duly designated representative of said business organization listed on the application or, in the absence of personal service, it is served upon him (her) by registered or certified mail addressed to his (her) residence, together with a copy of the notice by regular mail to the address of the premises licensed or to be licensed.
C. 
It is served personally upon or, in the absence of personal service, it is sent by registered or certified mail to the agent designated under § 165-3D(6) of this chapter, together with a copy of the notice by regular mail to the address of the premises licensed or to be licensed.

§ 165-9 Appeals.

A. 
Any person who has been refused the issuance of a public assembly license or has had a previously issued public assembly license modified, revoked or suspended by the action of the Superintendent shall have the right to review the action of the Superintendent as hereinafter provided.
(1) 
An application for such review shall be in writing, signed and acknowledged by the applicant and shall state the ground or grounds on which the applicant claims that the determination of the Superintendent was erroneous.
(2) 
Such application shall be filed with the Village Clerk by the applicant within 20 days after notice of denial of the application or other adverse action by the Superintendent has been mailed to him (her) or delivered to him (her) in person.
(3) 
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 165-10 hereof.
(4) 
At such hearing, the Review Board shall consider the record upon which the Superintendent based his (her) determination and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
B. 
The Review Board, after such hearing, shall, by a simple majority vote, affirm, modify or overrule the action of the Superintendent or direct the Superintendent to issue or reinstate a proper license or to take any other action consistent with the provisions of this chapter which it deems appropriate.

§ 165-10 Hearings.

Whenever it shall be provided herein that a hearing shall or may be held in connection with an application or license:
A. 
If an applicant or licensee requests a hearing, the Mayor shall designate three or more members of the Village Board to conduct said hearing as a Review Board and shall appoint one of said members to act as Chairman of said Board.
B. 
Such hearing shall be held on a date, at a place and hour designated by the Chairman thereof.
C. 
The Superintendent shall give notice thereof, stating the name and address of the applicant or licensee concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor by mailing a copy thereof to the applicant or licensee concerned, in accordance with the terms of the notice provisions of § 165-8 of this chapter at least 10 days prior to such hearing.
D. 
The applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
E. 
All witnesses shall be sworn and examined under oath.
F. 
A stenographic record shall be made of all hearings held pursuant to this section. All determinations after a hearing shall be made by a simple majority vote of the Review Board and be supported by substantial evidence based on the record as a whole. Among the factors specifically to be considered by the Review Board in making its determination is the effect of the issuance of the license to the applicant upon the peace, welfare and good order of the Village.

§ 165-11 Posting of license and occupancy poster; replacement licenses.

A. 
Each license and occupancy poster issued under this chapter shall be kept conspicuously posted at the main entrance of every place of public assembly, and it shall be unlawful to conceal, remove, deface or alter such license or occupancy poster.
B. 
A temporary or approved license that has been issued for a place of public assembly which is lost, stolen, altered, mutilated or missing shall be replaced immediately and the prescribed fee shall be paid for its replacement.

§ 165-12 License not transferable.

No license issued under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used or displayed at any location other than the location stated in such license.

§ 165-13 Exemptions.

All places of public assembly, as defined in § 165-1 of this chapter, shall be subject to all provisions of this chapter, except that the fee may be waived for:
A. 
Premises owned, occupied and used by a nonprofit membership corporation, society or association or religious, charitable, eleemosynary or educational corporation or institution which is chartered as such by the State of New York. It is provided, however, that if said premises are licensed, rented or leased to a licensee, tenant, a lessee, coadventurer, concessionaire, partner, caterer or as a place of public assembly, the licensee, tenant, lessee, coadventurer, concessionaire, partner, caterer or person operating a place of public assembly in any other capacity which is different from that of the owner and operator shall be required to obtain such license as may be required under this chapter.
B. 
Any luncheonette, soda fountain, stationery store or similar occupancy, the use of which may, on occasion, incidentally meet the definition of a place of public assembly, provided that there are no more than 12 seats available to the patrons.

§ 165-14 Regulations governing operation.

Every person holding a license under this chapter as a place of public assembly shall comply with the following provisions. Any offense against these provisions shall be unlawful and in violation of this chapter:
A. 
No light on any part of a premises licensed hereunder shall be permitted to shine beyond the property line of the premises. All exterior lights on such premises shall be equipped with shielding devices so that the glow emanating therefrom shall be directed only on and toward such premises.
B. 
Unless a different method of storage and disposal is otherwise authorized by any other provisions of this Code, local law or ordinance, all garbage, rubbish and other refuse shall be stored until removed at the rear of the premises in watertight receptacles, securely covered and screened from view. Such receptacles shall be maintained in a sanitary condition and shall be cleaned, flushed and deodorized at least three times weekly. No garbage, rubbish or other refuse shall be removed from the premises between the hours of 6:30 p.m. and 6:30 a.m.
C. 
No soot, cinders, smoke, noxious acids, fumes, gases or disagreeable or unusual odors shall be permitted to emanate from the premises in such manner as to be detrimental to any person or which annoys, disturbs, injures, endangers or which may have a tendency to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of any person or persons constituting the general public.
D. 
No music shall be played in any place of public assembly either by mechanical device or live performance in such a manner that the sound emanating therefrom shall be audible beyond the property line of the premises whereon the place of public assembly is located in violation of the terms and provisions of any local noise control ordinance.
E. 
Attire.
(1) 
No female shall appear in a place of public assembly at any time or in a play, exhibition, show or entertainment clothed or costumed in such a manner that the portion of her breasts below the top of the areola is not covered with a fully opaque covering; nor shall any person, male or female, appear in such place or under such circumstances costumed in such a manner that said person's genitals are not covered with a fully opaque covering to a point above the pubic hair line.
(2) 
No person shall knowingly conduct, maintain, own, manage, operate or furnish any public premises or places where a female appears in public at any time or in a play, exhibition, show or entertainment clothed in such a manner that the portion of her breasts below the top of the areola is not covered with a fully opaque covering or any person, male or female, appears in such place under such circumstances clothed in such a manner that said person's genitals are not covered with a fully opaque covering to a point above the pubic hair line.

§ 165-15 Presumption of compliance; prosecution.

A. 
Issuance of a license under this chapter shall cause no presumption that the licensee or the licensed premises are in compliance with any other laws, ordinances, rules or regulations enforceable by any governmental authority, as may be applicable to the said licensee or said licensed premises.
B. 
Issuance of a license under this chapter shall not be a bar to prosecution under any provision of this chapter or under any other ordinance, law, rule or regulation applicable to the licensed premises or licensee.

§ 165-16 Penalties for offenses.

Any person or persons, association or corporation committing an offense against any provisions of this chapter or any of the rules or regulations adopted by the Superintendent pursuant to this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 30 days for each such offense, or by both such fine and imprisonment. Each day's continued offense against any of the provisions of this chapter or any of the regulations duly adopted by the Superintendent pursuant to any section of this chapter shall constitute a separate additional offense.

§ 165-17 Construal of provisions.

A. 
The requirements of this chapter for the obtaining of a public assembly license shall be in addition to any other licensing requirements of the Code of the Village of Freeport, New York, and are not intended to supersede them unless specifically indicated.
B. 
No provision of this chapter shall be construed to authorize any activity or use otherwise prohibited by any other chapter of this Code, including but not limited to those governing building construction, plumbing, noise, zoning, fire prevention or other similar subject affecting the health, safety, welfare, peace and good order of the residents of the Village of Freeport.

§ 165-18 When effective.

This chapter shall take effect immediately upon filing with the Secretary of State.