[HISTORY: Adopted by the Board of Trustees of the Village of Dobbs Ferry as indicated in article histories. Amendments noted where applicable.]
Peace and good order — See Ch. 234.
[Adopted 2-1-1966 as Arts. 5-2 and 5-5 of the 1966 Dobbs Ferry Village Code]
No person shall, for money or for hire, conduct or operate any circus or theater or give any exhibition, performance or entertainment in the Village without a license therefor. The prohibitions of this section shall not apply to the presentation of literary, scientific or historical subjects or where the proceeds are to be devoted exclusively to charitable, educational or religious purposes.
Such licenses shall be issued, suspended and revoked by the Mayor and the Board of Trustees pursuant to the requirements of § 91 of the Village Law of the State of New York.
Editor's Note: Section 91 was omitted from the 1973 recodification of the Village Law.
No such license shall be issued permitting any such performance in a building which does not comply with all the requirements of the laws of the State of New York and the ordinances of the Village, particularly those laws and ordinances relating to buildings and to fire hazards and protection against dangers arising from the fire, whether such laws or ordinances be already in force or shall be hereafter adopted. No such license shall be issued unless and until the applicant furnishes to the Mayor a certificate of the Building Inspector that the building as to which such license is applied for conforms to the requirements of all the aforesaid laws and ordinances.
If at any time after the issuance of such license it shall be found that the building in question shall then fail to conform to the requirements of any such law or ordinance, whether the same shall have gone into effect before or after the granting of such license, the Mayor shall suspend such license until such building shall be made to conform to such law or ordinance.
The owner, lessee, manager or other person having charge or control of any theater shall cause each and every door and means of exit for use in case of fire or panic to be numbered conspicuously so as to be visible to the audience by whom the same may be used, and shall have or cause to be printed in conspicuous type on the program or bill of the play a plan or diagram and explanation showing each of said exits thereon and referring to the numbers aforesaid.
This article shall not apply to any performance given in any church, parish house, schoolhouse or Village Hall.
[Amended 6-24-1975 by L.L. No. 4-1975; 10-2-1984 by L.L. No. 6-1984]
The fees to be collected for licenses issued under this article shall be as set from time to time by the Board of Trustees.
[Amended 10-2-1984 by L.L. No. 6-1984]
A violation of any provision of this article shall result in the revocation of any license or permit issued hereunder.
[Adopted 10-6-1981 by L.L. No. 12-1981]
The Board of Trustees hereby finds that the occupancy of premises containing more than two amusement devices maintained or operated for profit encourages minors to congregate for purposes of wagering and other unlawful activity and requires that the use of said devices be properly controlled. It is the intent of this article to provide for the licensing of such premises in order to assure supervision of the use of said devices by responsible persons.
As used in this article, the following terms shall have the meanings indicated:
- AMUSEMENT DEVICE
- Any coin-activated game or amusement apparatus, including, without limitation by reason of specification, those commonly known as "video games," "pinball," "bagatelle," "baseball," "football" and "iron claw."
It shall be unlawful to occupy any premises containing more than two amusement devices maintained or operated for profit unless a valid current license therefor shall have been issued by the Village Clerk pursuant to this article and said license is prominently displayed in the premises at all times.
A verified application on a form provided by the Village Clerk shall be completed and filed by the person or entity having control of the premises to be licensed. It shall accurately state the names and current addresses of all natural persons in charge of the premises while open to the public; the number and type of amusement devices proposed to be maintained, used or operated therein; the general nature of all other activities carried on or proposed to be carried on for profit in said premises; and such other pertinent information as the Village Clerk may deem necessary for the administration and enforcement of this article.
Each application shall be referred to the Chief of Police for investigation and report thereon in writing to the Village Clerk. No license shall issue if said report discloses that the Chief of Police has reasonable cause to believe that any of the persons in charge of the premises at any time is not a person of good moral character.
[Amended 10-2-1984 by L.L. No. 6-1984]
Upon receipt of said report from the Chief of Police containing no adverse findings with respect to the moral character of the persons in charge, and payment to the Village of a fee as set from time to time by the Board of Trustees for each amusement device in excess of two proposed to be maintained in the premises, the Village Clerk shall issue a license to occupy the premises in which said devices are maintained. Said license shall be countersigned by the Village Clerk, shall show the date of issuance and shall identify the premises and specify the total number and type of amusement devices therein maintained. The license shall be valid for a period of one year from said issue date, unless earlier revoked, surrendered or otherwise lawfully terminated. No person shall be entitled to refund of any part of the fee paid for said license. The Village Clerk shall maintain permanent files of all applications and reports and shall keep records of all licenses issued, surrendered or revoked.
In the event that, after issuance of a license, any change shall occur in the name or street address of any person in charge of the premises, or in the number or type of amusement devices maintained therein, or in the general nature of any other activity conducted for profit in the premises, an amended application shall be completed and filed with the Village Clerk within 10 days thereafter. Said amended application shall be processed in the same manner as hereinabove provided for an original application, and an additional fee shall be paid for any increase in the number of amusement devices over the number specified in the original license, which shall thereupon be amended to reflect all changes. If the original license expires less than six months from the date of the amendment, the fee for additional amusement devices shall be reduced by 1/2.
A license may be revoked by the Village Clerk for one or more of the following reasons:
If any person shall deliver to the Village Clerk a statement in writing under oath containing facts indicating probable cause for revocation of a license, the Village Clerk shall transmit the same to the Chief of Police for investigation and recommendation as to revocation proceedings. If the Chief of Police shall recommend such proceedings, the Village Clerk shall give written notice thereof by certified mail addressed to one or more of the persons in charge of the premises. Said notice shall specify the alleged grounds of revocation and shall inform the recipient of his or her right to demand a hearing before a panel of three members of the Board of Trustees designated for such purpose by the Mayor. Such demand shall be made in writing to the Village Clerk no later than the 10th day next succeeding the date of mailing of the aforesaid notice by the Village Clerk. If no demand for hearing is made within said time, the license shall forthwith be revoked. If a hearing is demanded, it shall be held within 30 days thereafter, upon written notice to the party demanding the hearing. The panel shall determine its procedure, hear testimony under oath and receive all evidence germane to the issues, but shall not be bound by the rules of evidence applicable in judicial proceedings. If a majority of the panel shall so determine after hearing, the license shall forthwith be revoked by the Village Clerk.
Editor's Note: Original Section 4-2.1-10, which followed this section and provided penalties for offenses, was repealed 10-2-1984 by L.L. No. 6-1984.