[HISTORY: Adopted by the Board of Trustees
of the Village of Dobbs Ferry as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.[1]
[1]
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.[1]
[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:
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[1] 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.[1]
[1]
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.
