[HISTORY: Adopted by the Town Board of the
Town of Lake George 8-8-1988 by L.L. No. 3-1988. Amendments noted
where applicable.]
It is recognized that live adult entertainment
is the subject of some controversy and the location of establishments
providing such performances within a community is often considered
by the residents thereof to be detrimental to the character of the
neighborhood and to the perception of the area by others and is liable
to exert a negative influence on the development of the surrounding
area. Therefore, in order to promote the health, safety and general
welfare of the residents of the Town of Lake George and to protect
the image of the Town, this chapter is intended to regulate the location
and manner of live adult entertainment within the Town of Lake George.
As used in this chapter, the following terms
shall have the meanings indicated:
Any physical contact between the entertainers and the patrons
of the establishment.
Live performances which feature topless dancers, strippers,
exotic dancers or similar entertainers.
An individual, firm, partnership, corporation, voluntary
association, incorporated association and any principal, agent or
employee thereof.
An area in which entertainers perform that is clearly separate
and distinct from that in which patrons of the establishment congregate.
[Amended 7-11-1994 by L.L. No. 1-1994]
No person shall engage in a business providing
live adult entertainment unless he or she shall first have obtained
a license to do so from the Town Clerk no later than two business
days before the first date of business. The fee for a live adult entertainment
license shall be as set forth from time to time by resolution of the
Town Board and on file in the office of the Town Clerk. Every licensee
must carry the license with him or her when conducting his or her
live adult entertainment.
[Amended 7-11-1994 by L.L. No. 1-1994]
An application for a live adult entertainment
license shall be accompanied by a nonrefundable application fee as
set forth from time to time by resolution of the Town Board and on
file in the office of the Town Clerk and shall provide the following
information:
A.
The name, age and address of the applicant's place
of residence.
B.
The firm or firms he or she represents, together with
copies of documents establishing the firm's residence and address,
form of organization, ownership and qualifications to do business
in the State of New York.
C.
A brief description of the nature of the business
and the type of entertainment to be provided.
D.
The place where the applicant proposes to provide
such entertainment and the time during which such entertainment is
to be conducted.
E.
Prior criminal convictions of the applicant, other
than minor traffic violations.
F.
Physical description of applicant.
G.
Whether or not a live adult entertainment license
issued to the applicant under the chapter has ever been revoked.
H.
Such other information as may be required by the Town
Clerk to promote the purposes of this chapter.
A.
Upon receipt of the application, the Town Clerk must
either approve the application and issue a license, reject the application
or forward it to the Town Board for action. The Town Clerk must act
upon each license application received within 10 days of receipt.
B.
The Town Board, upon receipt of a license application
from the Town Clerk, may either approve the application and direct
the Town Clerk to issue a license or reject the application. Any application
rejected by the Town Clerk or forwarded by the Town Clerk to the Town
Board shall be reviewed by the Town Board at its next regular monthly
meeting or at a special meeting thereof.
C.
When the application is forwarded by the Town Clerk
to the Town Board for action, the Town Board at the time of its review
of the application may in its discretion schedule a public hearing
to be held upon it. In this event, the Town Board shall have an additional
30 days within which to hold the public hearing and to either approve
the application and direct the Town Clerk to issue a license or reject
the application. Notice of the public hearing shall be published at
least once not less than 15 days before the date of hearing in a newspaper
of general circulation within Warren County. The notice shall state
the name of the application, the name of the proposed business, the
type of the proposed business, the general location of the proposed
business and the date, time and place of hearing.
D.
In approving or rejecting an application, the Town
Board and/or the Town Clerk shall consider the following criteria
but shall in no way be limited thereby:
(1)
The character of the neighborhood in which the applicant
proposes to carry on the live adult entertainment.
(2)
The changes that the business would bring to the neighborhood
and whether these changes would be to the benefit or detriment of
the public good, welfare, health, safety or morals.
(3)
The nuisance, refuse, litter, noise and adverse health
conditions that the business might or will create.
(4)
The requirements of police protection and traffic
control.
(5)
The criminal record of the person(s) applying for
the license.
E.
A license issued pursuant to this chapter shall expire
on December 31 in the year in which it is issued.
The Town Board, upon complaint of violation
of this chapter or other ordinance or any law by the licensee, and
a hearing upon five days' prior notice to the licensee, may revoke
any license for good cause, including without limitation:
A.
Fraud, misrepresentation or false statement made in
the course of carrying on the live adult entertainment.
B.
Fraud, misrepresentation or false statement made in
the course of carrying on the live adult entertainment.
C.
Conviction of any crime, misdemeanor or violation
of any chapter.
D.
Conducting the live adult entertainment in an unlawful
manner of in such a manner or to constitute a breach of peace or to
constitute a menace to the health, safety or general welfare of the
public.
A.
Any establishment providing live adult entertainment
shall provide a stage for the performance of such entertainment which
shall be used by all performers at all times during such performance.
B.
There shall be no audience participation at any time
during the performance of any live adult entertainment.
Chapter 175, Zoning, of the Code of the Town of Lake George shall apply to all activities for which licenses are sought or granted under this chapter. The Town reserves the right to revoke any license which violates such chapter.
A.
Any violation of this chapter shall be punishable,
for each violation, by a fine of not more than $250 or imprisonment
for not more than 15 days, or both.
[Amended 7-11-1994 by L.L. No. 1-1994]
B.
Every day or part of a day that a violation of this
chapter shall continue shall constitute a separate and distinct offense.
C.
Notwithstanding any other provision of this chapter,
the license shall be automatically revoked upon conviction of a violation
of any provision of this chapter.
