[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."
A.
APPLICANT
APPROVED LICENSE
CABARET
CATERING ESTABLISHMENT
DANCE HALL
LICENSE
PERSON
PLACE OF PUBLIC ASSEMBLY
RESTAURANT
SOCIAL CLUB
SUPERINTENDENT
TEMPORARY LICENSE
THE INCORPORATED VILLAGE OF FREEPORT
VILLAGE BOARD
VILLAGE CLERK
As used in this chapter, the following terms shall
have the meanings indicated:
Any person applying for a license or the renewal of an approved
license under this chapter.
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.
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."
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.
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.
Whenever used in this chapter, shall also apply to the terms
"temporary license" or "approved license."
An individual, partnership, club, corporation, association,
society or any other organized group of persons and shall include
the officers, directors, stockholders and trustees thereof.
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.
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.
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."
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."
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.
For the purpose of enforcement of this chapter, that area
within the geographical confines of the Village wherein the Superintendent
has jurisdiction.
The Board of Trustees and Mayor of the Incorporated Village
of Freeport.
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).
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.
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.
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.
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.
|
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This chapter shall take effect immediately upon
filing with the Secretary of State.
