[HISTORY: Adopted by the City Council of
the City of Lackawanna 9-7-1993 (Ch. 24 of the 1987 Code); amended 5-15-1995; 12-15-1997. Subsequent amendments noted
where applicable.]
This chapter shall be known and cited as the
"Volleyball Game Playing Ordinance" of the City of Lackawanna, New
York.
The purpose of licensing volleyball playing
in the City of Lackawanna is to regulate volleyball playing conducted
in connection with the operation of a restaurant, and for protection
of public health, welfare and safety. This chapter does not regulate
casual volleyball playing at a private residence in the City.
As used in this chapter, the following terms
shall have the respective meanings indicated:
The area occupied by the volleyball court, the spectator
area, parking spaces, open spaces surrounding the volleyball court,
and spaces on which fencing or lighting fixtures are located, as may
be required. The licensed area shall adjoin the restaurant premises,
except that all or part of the parking spaces required by this chapter
may be located on the restaurant premises.
Any person to whom a license has been issued pursuant to
this chapter.
An individual, partnership or corporation.
A place which is regularly and in a bona fide manner used
and kept open for serving of meals or beverages to guests for compensation,
including but not limited to any place licensed by the New York State
Liquor Authority to sell beer, wine and liquor for on premises consumption.
The premises normally occupied in connection with the operation
of the restaurant, excluding the licensed area.
No person engaged in the restaurant business
shall allow any volleyball game playing in or about the restaurant
premises unless a license has been issued pursuant to this chapter.
This license is not required for any casual volleyball playing at
a private residence.
Each applicant for a license to permit volleyball
game playing under the provisions of this chapter shall file with
the City Clerk a written application on a City form provided by the
City Clerk, setting forth the following information:
A.Â
The name, date of birth and address of the applicant,
the address and description of the premises to be licensed, and the
type of entity and character of business in which it is engaged.
B.Â
The type of license held by the applicant if licensed
by the State Liquor Authority and date of expiration of the license.
C.Â
A diagram of the premises on plain paper, 8Â 1/2
inches by 11 inches, setting out all the buildings on the premises,
parking area, volleyball court location, spectator area, fencing and
lighting.
D.Â
Each department designated above, in its review and
determination, shall apply all pertinent rules, regulations, and ordinances
of the City applicable to each case and such other information as
may be required by the Lackawanna City Clerk.
A.Â
Upon receiving an application for a license hereunder,
the City Clerk shall refer the application to the Building Inspector
and the Director of Public Safety for their respective inspections,
approvals or disapprovals. Each such officer shall apply all pertinent
rules and regulations. Each such officer shall report its determination
to the City Clerk within 14 days of receipt of the application.
B.Â
The approval of an application shall be subject to compliance with all pertinent laws, ordinances, rules, regulations and resolutions of the State of New York, County of Erie and City, including but not limited to the New York State Uniform Fire Prevention and Building Code, Zoning, and regulations set forth in § 219-7 of this chapter.
A.Â
The licensee shall conspicuously display the license
in the restaurant premises.
B.Â
A licensee may not conduct or allow to be conducted
on its premises any volleyball game playing in such a manner as to
cause public inconvenience, annoyance or alarm or recklessly create
a risk thereof, as provided for by § 240.20 of the Penal
Law of the State of New York.
C.Â
A licensee may not allow any volleyball game playing
except during the months of May, June, July, August and September.
[Amended 4-21-2015]
D.Â
A licensee may not allow volleyball game playing except
between the hours of 12:00 noon and 10:00 p.m.
E.Â
A licensee may not produce or allow lighting of the
licensed area after 10:00 p.m.
F.Â
A volleyball game playing court which adjoins or is
adjacent to any residential property lot line must be separated from
the residential lot by a seven-foot-high wooden fence erected pursuant
to specifications of and in accordance with the Uniform Code.
G.Â
No volleyball game playing court may be situated in
any area which is located fewer than 15 feet away from any residential
property lot line or such greater distance from any residential property
line as the Building Inspector (or other designated officer) shall
deem necessary under the particular circumstances.
H.Â
The volleyball playing court must be situated on a
lot having minimum dimensions of 50 feet by 100 feet, exclusive of
any building located thereon.
I.Â
The licensee shall provide an off-street parking area or areas to be located in the licensed area or on the restaurant premises, notwithstanding the provisions of § 230-36B of Chapter 230, Zoning. The parking area or areas shall provide parking spaces for not fewer than 20 automobiles in addition to the number of parking spaces required by Chapter 230 for use of the restaurant business.
J.Â
The design, sizes and location of all lighting fixtures
illuminating the volleyball playing area shall be subject to the prior
written approval of the Building Inspector. The certificate of such
approval shall be attached to the license required to be displayed
under this chapter.
K.Â
No alcohol beverages, as defined by § 3
of the New York State Alcoholic Beverage Control Law, may be sold,
possessed or consumed by anyone on any part of the volleyball playing
or spectator areas except with prior written approval of the New York
State Liquor Authority.
The Building Inspector and code enforcement
officers of the City and any member of the Department of Public Safety
are hereby authorized to make the necessary inspections and to perform
any of the duties required to enforce this chapter.
A.Â
An application for an initial license or a license renewal may be denied by the City Clerk on the grounds that the applicant has previously allowed volleyball playing without being licensed pursuant to this chapter, or as previously licensed has conducted or permitted volleyball playing in violation of the provisions of § 219-7B of this chapter, or has otherwise demonstrated, on the basis of the prior conduct of the applicant, that the applicant would not be capable of managing volleyball game playing in a manner consistent with the public safety, good morals and general welfare of the community.
B.Â
Any applicant who has been denied a license by the
City Clerk may appeal the determination to the City Council. The City
Council may affirm or reverse the determination of the City Clerk
after according the applicant an opportunity to be heard.
The Director of Public Safety may revoke a license granted under this chapter on the ground that the licensee has violated any of the regulations set out in § 219-7 of this chapter, upon giving the licensee reasonable notice and an opportunity to be heard.
No license issued hereunder is to be used by
or assigned to any person other than the licensee.
The license shall expire on December 31 of the
year for which the license is granted.
The fee for a license required by this chapter
shall be $150 for the year for which the license is granted or any
part thereof.
Any person who violates any provisions of this
chapter, upon conviction thereof, shall, in addition to the revocation
of any license issued hereunder, be punished by a fine not exceeding
$500 or by imprisonment for a term not exceeding 15 days, or both.
A separate offense shall be deemed committed on each day during or
in which a violation occurs or continues.