No person owning, leasing, managing, occupying, conducting or operating
any establishment within the village shall allow, permit or suffer any dancing,
cabaret show or other exhibition, amusement, performance or entertainment
therein.
[Amended 1-17-1972; 11-20-1978
by L.L. No. 23-1978]
Excluded from the provisions of §
122-1 hereof are religious, charitable and educational organizations where said performances are conducted on the premises normally used to conduct their religious, charitable and educational activities on a full-time basis. Also excluded from the provisions of §
122-1 hereof are restaurants, but only and expressly to the extent that such restaurants be limited to music by or from one live musician during the daily hours from 7:00 p.m. to 1:00 a.m. for the entertainment and amusement of its patrons and the general public and to music by or from more than one live musician but then only for private parties conducted or held within said restaurant and not for the entertainment and amusement of its general patrons and general public, and the sound of such music by more than one musician shall not be audible beyond or outside the subject restaurant and as further limited and subject to the following §§
122-3 through
122-8, each which is to be explicitly complied with.
[Amended 1-17-1972]
No person shall maintain or operate a restaurant in which such music
is held or conducted without first obtaining an annual license therefor or
herein provided.
[Amended 1-17-1972]
The Board of Trustees only is hereby empowered to issue such license,
and such application shall give such details and particulars as shall be required
by said Board of Trustees.
[Amended 1-17-1972 ]
Any license granted hereunder by the village pursuant to the foregoing
shall cease and terminate at midnight of the 31st day of the month of May
of the year and shall be renewable annually thereafter within 30 days prior
to its expiration date.
[Amended 1-17-1972; 12-7-1992
by L.L. No. 11-1992]
The annual license fee shall be as set by the Board of Trustees by resolution
of a majority vote of its members present at a Board meeting. Said fee shall be paid before such license is issued and shall
cover only one restaurant within the village. Any person maintaining or operating
more than one restaurant within the village shall obtain a separate annual
license fee for each such place. Said fee or any portion thereof when paid
shall not be refundable for any reason whatsoever.
[Amended 1-17-1972]
A permit issued or granted as herein set forth may be revoked at any
time by the Board of Trustees of this village for good cause shown at an open
meeting before said Board. Pending the hearing referred to and the final determination,
the Board of Trustees shall have the right, in its sole and absolute discretion,
to suspend the permit herein referred to.
[Amended 1-17-1972]
Any person or firm as owner, manager or operator who shall permit the playing of music in any restaurant within the village without obtaining a permit as herein provided or in violation of any part or portion of this section shall be subject to the penalties as provided in §
122-9.
Any person violating any provision of this chapter shall be liable to a penalty set in accordance with Chapter
1, Article
III, General Penalty.