[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown
11-19-1990 by L.L. No. 21-1990. Amendments noted where applicable.]
[Amended 10-20-1991 by L.L.
No. 14-1991]
The Village Board hereby finds that cabarets within the Village of Tarrytown
create unique impacts in regard to municipal services, traffic patterns and
fire and safety conditions and upon the residents of the surrounding areas.
The purpose of this chapter is to establish criteria for the review of cabaret
license applications and to minimize the adverse impacts of such a cabaret
should the cabaret be licensed by the Village of Tarrytown, thus providing
for the economic and social welfare, health and peace of the people of Tarrytown.
As used in this chapter, the following terms shall have the meanings
indicated:
Any room, place or space in which any musical entertainment, singing,
dancing or other form of entertainment or amusement is permitted in connection
with the restaurant business or the business of directly or indirectly selling
to the public food or drink; except eating or drinking places which provide
incidental musical entertainment by coin-operated jukebox or other mechanical
device not requiring continuous supervision and wherein dancing is prohibited;
or which provide one musical instrument and one musician to play said instrument
between the hours of 6:00 p.m. to 12:00 midnight for the specific purpose
of providing background music for the benefit of patrons seated at tables
and wherein dancing is prohibited.
A person employed in any capacity or title in connection with a cabaret,
including the licensee and any and all persons responsible for the control
or management thereof.
Includes natural persons of either sex, corporations, partnerships,
associations, joint-stock companies, societies and other legal entities of
any kind capable of being sued, whether acting by themselves or by servant,
agent or employee. The singular number shall include the plural.
It shall be unlawful for any person to conduct, maintain or operate
a cabaret unless the room, place or space wherein the same is conducted, maintained
or operated is licensed in the manner prescribed herein.
A.
Any person desiring to procure a cabaret license shall
make application therefor to the Village Clerk on the form provided.
(1)
Such form shall contain, but shall not be limited to,
the following information:
(a)
The name and address of the applicant.
(b)
Whether the applicant is an individual, partnership,
corporation or other association.
(c)
If a partnership, the names and addresses of all persons
having an interest in the partnership.
(d)
If a corporation, the names and addresses of all officers,
directors and managers.
(g)
State the name of the cabaret under which the applicant
will operate and the location.
(h)
State the nature of the entertainment to be produced.
(i)
State the area of the floor space to be used by the public,
the maximum number of rooms to be occupied by the public, the maximum number
of tables in each occupied room and the number of entrances and exits.
(j)
State the County Health Department permit number.
(k)
State whether cabaret activities shall be conducted every
day of the week or be limited to Friday, Saturday and Sunday or be limited
to some other specified day or days of the week.
(l)
Name and address of each and every manager of the premises.
(2)
In addition to the foregoing, the applicant shall supply
any and all relevant information concerning its application to operate a cabaret
when requested to do so by authorized officials of the village.
B.
Said application shall be referred to the Chief of Police,
the Fire Chief and the Building Inspector for investigation of the premises.
As part of such investigation, the Chief of Police, the Fire Chief and the
Building Inspector shall determine whether such applicant and the premises
conform to the requirements of this chapter and all laws and regulations of
the State of New York and the Village of Tarrytown. The investigation of the
Chief of Police shall also include an examination into the present and projected
noise, traffic and public safety impacts of the proposed cabaret. At the conclusion
of such investigation, the Chief of Police, the Fire Chief and the Building
Inspector shall render a written report to the Village Clerk regarding their
findings.
[Amended 10-20-1991 by L.L.
No. 14-1991]
C.
Within 30 days after the receipt of the reports of the
Chief of Police, the Fire Chief and the Building Inspector, the Mayor shall
determine whether or not to grant such application. The Mayor may deliberate
on the following when considering an application for a cabaret license:
[Amended 10-20-1991 by L.L.
No. 14-1991]
(1)
The reports issued pursuant to this section by the Chief
of Police, the Fire Chief and the Building Inspector.
(2)
Conformance of the premises with this chapter and all
laws and regulations of the State of New York and the Village of Tarrytown.
(3)
Conformance of the proposed cabaret to this chapter and
all laws and regulations of the State of New York and the Village of Tarrytown.
(4)
The impact of the cabaret on the surrounding area.
(5)
The impact of the cabaret on the public peace, health,
safety and welfare.
D.
If an application is denied by the Mayor, notice shall be given to the applicant within 10 days, whereupon the applicant may appeal such denial within 30 days to the Board of Trustees. If the applicant appeals such denial by giving notice thereof in accordance with this subsection, the applicant must be prepared to go to a hearing on the appeal within 30 days of the giving of the notice of appeal, and, if applicant delays the hearing on the appeal beyond such thirty-day period, the provisions of Subsection I of this section shall no longer be applicable, and all cabaret activities shall cease forthwith.
E.
The Board of Trustees shall be required to hold a public
hearing upon every appeal from the denial of a cabaret license by the Mayor
within a reasonable time. All parties shall be given reasonable notice of
such hearing, which notice shall include a statement of the time, place and
nature of the hearing; a statement of the legal authority and jurisdiction
under which the hearing is to be held; a reference to the particular sections
of the statutes and rules involved, where possible; and a short and plain
statement of matters asserted.
F.
At such hearing, all parties shall be given an opportunity
to present written argument on issues of law and an opportunity to present
evidence and such argument on issues of fact; provided, however, that nothing
contained herein shall be construed to prohibit the Board of Trustees from
allowing parties to present oral argument within a reasonable time. In fixing
the time and place for hearings and oral argument, due regard shall be had
for the convenience of the parties.
G.
Unless precluded by statute, disposition may be made
of any hearing by stipulation, agreed settlement, consent order, default or
other informal method.
H.
At any hearing held pursuant to this section, the applicant,
as well as any other interested parties including any resident of the Village
of Tarrytown, may state his/her views. After the conclusion of said hearing
and within a period of 30 days, the Board of Trustees shall be required to
find whether the determination of the Mayor should be upheld or whether the
Board of Trustees should, in the exercise of its discretion, direct the issuance
of such cabaret license.
I.
When an applicant has made timely and sufficient application
for a new license, with reference to any cabaret activity of a continuing
nature for which such applicant had been issued a cabaret license in the previous
year, the existing license shall not expire until the application has been
finally determined by the Mayor and, in the case of an application denied,
until the appeal, if any, from such denial has been determined and a decision
rendered by the Board of Trustees after public hearing thereon.
J.
Anything contained in Subsection I hereof to the contrary notwithstanding, if the recommendations of any one of the officials described in Subsection B of this section contain findings that the public health, safety and welfare imperatively require emergency action and the termination of all cabaret activities pending such action, the Mayor shall incorporate such findings in an order summarily suspending the license effective on the date specified in such order or upon service of a certified copy of such order on the licensee, whichever shall be later, pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
K.
In the event that the Mayor determines to grant an application for a cabaret license, the Mayor may impose such terms and conditions on said license so as to effectuate the purposes of this chapter. If the applicant is aggrieved by such terms and conditions, the applicant may appeal the determination of the Mayor to the Board of Trustees within 30 days of such determination. The procedure for such appeal shall be as set forth in Subsection E above.
A.
The fee for each cabaret license shall be $150, payable
to the Village Clerk upon submission of the application.
B.
All licenses issued between the first day of June and
the 31st day of May in the next succeeding year, inclusive of any year, shall
expire on the 31st day of May of each succeeding year.
A.
A license may be suspended or revoked by the Mayor for violation of this chapter, state law or upon the grounds that disorderly, obscene or immoral conduct is permitted on the licensed premises or is occasioned in the vicinity of such premises as a result of its existence. In the event that a license is so suspended or revoked pursuant to this section, notice shall be given to the applicant within 10 days, whereupon the applicant may appeal such denial within 30 days to the Board of Trustees. The procedures for such appeal shall be as set forth in § 111-4 hereof, and such cabaret shall only be permitted to operate in accordance therewith. In no event shall cabaret operations be permitted pending the appeal and determination in the event that there has been a finding pursuant to § 111-4J hereof.
B.
Whenever any license shall be suspended or revoked, no refund of any unearned portion of the fee shall be made, and at least six months from the time of such suspension or revocation shall elapse before another license shall be issued for the same premises. If the license of any premises is twice suspended or revoked within a period of one year, a new license shall not be issued to such applicant or any person enumerated in § 111-4A(1)(c), (d) and (l) for a period of at least one year from the date of the second suspension or revocation.
Licenses are not transferable.
Every person licensed in accordance with the provisions of this chapter
shall immediately post such license and keep the same posted while in force
in a conspicuous place on the premises mentioned in the application for such
license.
Premises licensed hereunder shall not exercise cabaret privileges between
the hours of 4:00 a.m. and 8:00 a.m.; provided, however, that in the event
that village officials receive complaints that the operation of the cabaret
after 2:00 a.m. causes annoyance, disturbance, results in noise or other inconveniences
and, upon investigation, such officials determine that such complaints are
justified, the cabaret shall no longer be permitted to operate to 4:00 a.m.,
but said operation shall cease at 2:00 a.m.
A.
It shall be unlawful for any person licensed under the
provisions of this chapter to permit on the premises any entertainment, amplified
by a mechanical device, of such an intensity, character and duration as to
disturb the peace, tranquillity and good order of the people of the Village
of Tarrytown.
B.
It shall be unlawful for any person licensed under the
provisions of this chapter to permit any disorderly, noisy, riotous or tumultuous
conduct or loitering about the licensed premises.
C.
It shall be unlawful for any cabaret licensed under the
provisions of this chapter to permit outside doors to be open at any time
during the hours of operation, except:
Any police officer, any Code Enforcement Officer so designated by the
Board of Trustees, any Fire Chief and their designated agent shall be permitted
to inspect such licensed premises during business hours to answer that the
provisions of this chapter are being complied with by the licensee.
Any violation of the provisions of this chapter shall constitute a violation
and subject the offender to a fine not to exceed $250 or 15 days' imprisonment,
or both.
