[HISTORY: Adopted Liberty Village Board 5-18-1981 as L.L. No.
2-1981. Amendments noted where applicable.]
[1]
Editor's Note: Local Law No. 4-1978, adopted 5-15-1978, superseded
former Ch. 32, Fire Prevention, adopted as follows: Art. I, 6-25-1913;
Art. II, 5-15-1922; Art. III, 12-2-1940; Art. IV,
3-29-1954; Art. V, 10-21-1963; Art. VI, 5-15-1922.
For current provisions regarding fire prevention, see Ch. 33.
No person shall conduct a public exhibition, including a circus,
fair, carnival, rodeo, feat of horsemanship, menagerie, caravan of
animals, animal show, exhibition of any natural or artifical curiosity,
or performance or exhibition of such nature within the Village of
Liberty without first obtaining a license for such performance or
exhibition from the Village Board.
No person shall operate any premises wherein are located any
mechanical amusement devices for the playing of games, commonly known
as "pinball machines"; shooting galleries; mechanical grabbing machines;
billiard or pool tables; mechanical musical devices, commonly known
as "jukeboxes"; or any game, operation or transaction similar thereto,
under whatever name it may be indicated, whether or not a prize is
offered and whether mechanical, electrical or electromechanical, where
the amusements are the primary source of income, without first obtaining
a license for each such premises from the Village Board.
No persons shall occupy any premises within the Village of Liberty
for the express purpose of having a club, whose social features are
a material part of its activities and necessary to its existence and
not merely incidental, without first obtaining a license for each
such premises from the Village Board.
Applications for licenses shall be made upon forms to be supplied
by the Village Clerk for that purpose. Applications shall contain
the following information:
A.
For all licenses required by this chapter:
(1)
The name and address of the applicant.
(2)
The type of person; whether individual, partnership, corporation
or other type of legal person.
(3)
The age, date and place of birth and citizenship of applicant and
any resident natural agent of applicant.
(4)
If the applicant is a partnership, the names, addresses and citizenship
of all persons having an interest in the business.
(5)
If the applicant is a corporation, the names, addresses and citizenship
of all officers and stockholders.
(6)
Any prior convictions of the applicant or any resident natural agent
of the applicant for violation of any law or ordinance.
(7)
A statement that applicants shall comply with all local, County,
state and federal requirements.
(8)
The maximum number of occupants, to be determined by the Building
Inspector, Chief of Police and Fire Chief.
B.
For licenses to conduct public exhibitions as required by § 32-1 of this chapter:
(1)
The proposed location and duration of the exhibition.
(2)
The nature of the exhibition to be presented.
(3)
A detailed list of each exhibition, entertainment, performance and/or
amusement device to be located on the proposed location of the event.
(4)
The number of pieces of equipment for music and all loudspeaker devices
and other devices for the amplification of sound.
C.
For licenses to operate any premises wherein are located any amusement devices as defined in § 32-2 of this chapter:
(1)
The place and description of the machines or devices to be displayed
or operated and the business conducted at that place.
(2)
Not to be located within 1,000 feet of any boundary line of a house
of worship and/or public buildings.
(3)
The legal number of occupants permitted in premises at any one time
shall be so stated in the license and posted.
A.
Upon presentation of an application as provided herein, the Village
Clerk shall refer such application to the Chief of Police or other
person designated by the Board of Trustees for a full investigation
as to the truth of the statements contained therein and as to any
or all other matters which might tend to aid the Board of Trustees
in determining whether or not such application should be granted.
B.
The Village Board, upon receipt of a written report by the investigator,
shall decide whether or not a license shall be issued, considering
among other things the effect of the amusement and/or social club
or exhibition upon the peace, welfare and good order of the Village.
C.
In granting licenses, the Board of Trustees may approve or disapprove
each particular exhibition or amusement device and may also approve
or disapprove any lighting system or device emitting or amplifying
sound used at any exbition, amusement and/or social club, as well
as impose further conditions, the violation of which shall constitute
a violation of this chapter and shall subject the violator, upon conviction,
to the penalties provided for offenses against this chapter.
A.
License fee for places described in § 32-2 of this chapter shall be $50 a year. An annual license renewal is required for places wherein are located any mechanical amusement devices as described in § 32-2 of this chapter. Renewals of such licenses shall require merely the updating of any obsolete information contained in the original application for a license, submission of the annual license fee and approval of the renewal by the Board of Trustees. Renewals shall be applied for at least 60 days prior to the date of expiration of the current license.
B.
The license fee for each public exhibition as described in § 32-1 shall be $50 for each day such exhibition shall continue, payable at time of application. No renewals of such licenses shall be granted, but subsequent exhibitions by past licensees shall require complete new applications and investigations, unless such requirements shall be waived by the Board of Trustees.
C.
The license fee for a social club shall be an annual fee of $50.
Application for renewals must be made 60 days prior to expiration
of current license.
D.
License fees submitted with applications which are either withdrawn
by applicants or denied by the Board of Trustees shall be refundable,
less actual costs of investigation incurred by the Village. Unexpended
or unused licenses shall not, however, enable the licensee to gain
a refund of license fees paid for licenses after such license shall
have been approved by the Board of Trustees.
E.
All license fees shall be payable annually, in advance, and shall
accompany the application, provided that, where application is made
after the expiration of any portion of any license year, a license
may be issued for the remainder thereof upon payment of a proportionate
part of the annual fee.
F.
All licenses shall expire on the 31st of May of each year.
Before any license shall be issued for any exhibition, operation of amusement devices pursuant to § 32-2 and/or social club, the applicant may, at the discretion of the Board of Trustees, be required to secure a public liability insurance policy in such principal sum as the Board of Trustees may deem sufficient to protect members of the public, executed by the applicant and conditioned that the Village will be saved harmless for any injury to persons or property because of fault or default by the licensees. Said policy shall be issued by a bonding company authorized to do business in the State of New York, in form approved by the Village Attorney and filed with the Village Clerk. A bond or certified check shall be required in the amount of $250 for cleanup and return of property to previous condition for any exhibition. Such bond or certified check shall be returned upon satisfactory inspection by the Building Inspector.
A.
No licensees shall permit:
(1)
Gambling at any licensed exhibition or on any licensed premises,
except as may be permitted by the State of New York.
(2)
Persons under 16 years of age to play or operate any mechanical amusement device as described in § 32-2 of this chapter.
(3)
The giving of any performance of a lewd, suggestive, vulgar or immoral
type or the use therein of any indecent or obscene language or any
behavior tending to corrupt the public morals or incite the public
to break any law or ordinance.
(4)
Any disorderly, lewd, dissolute, drunken or boisterous person, any
person under the influence of intoxicating liquor or narcotic or hallucinogenic
drug or any person whose conduct tends in any way to corrupt the public
morals to be admitted to or to remain in or about any licensed exhibition
or licensed premises.
B.
The owner, lessee, manager or employee of a public arcade or amusement
center shall not:
(1)
Permit a child less than 16 years old to enter or remain in such
place, unless the child is accompanied by his parent or guardian or
an adult authorized by a parent or guardian.
(2)
Permit any screen, blind, curtain, article, posters or thing covering
any part of any window on said premises which prevents a clear and
full view into the interior of said premises from the sidewalk at
all times.
(3)
During business hours have inadequate lighting. Said premises shall
be well lighted so that all areas of the premises are clear and visible.
(4)
Permit the premises to remain open, except during the following hours:
Monday, Tuesday, Wednesday, Thursday and Sunday from 10:00 a.m. to
10:00 p.m. and Friday and Saturday from 10:00 a.m. to 12:00 p.m.
A.
Licensees shall post their licenses conspicuously at the location
of the licensed exhibition or on the premises licensed.
B.
Licensees desiring to transfer their licenses to new locations within
the Village or to make any changes shall submit an application for
such relocation, change or revision to the Village Clerk for approval
by the Board of Trustees. No refund of any license fee shall be made
if an application for relocation, change or revision is disapproved.
C.
No license shall be transferable.
A.
The Board of Trustees reserves the power to revoke any license issued
under the provisions of this chapter, at any time, in cases in which
such licenses were procured by fraud or false representation of facts
or for the violation of or failure to comply with any provision of
this chapter by any licensee or servants, agents or employees of licensees
or the conviction of the licensee of any crime or offense involving
moral turpitude or conviction of any of his servants, agents or employees
of any crime or offense involving moral turpitude committed on the
location or premises licensed.
B.
In the case of any public exhibition as described in § 32-1 of this chapter, such revocation may be without notice, and, upon the service of a notice of revocation by either person, mail or posting on the location for which a license is issued, said public exhibition shall cease operations immediately.
C.
In the case of any amusement as described in § 32-1 of this chapter or social club as described in § 32-1 of this chapter, the Board of Trustees shall, at least three days before revoking any license, cause to be mailed, in a prepaid envelope, to the licensee at his address as stated in his application for license, a notice stating the time and place of the hearing concerning the revocation. At the hearing the licensee shall be entitled to be heard and to introduce the testimony of witnesses. The Board of Trustees shall decide, upon the basis of the evidence presented at the hearing, whether or not the license in question shall be revoked. Licensees may appeal from decisions of the Board of Trustees as provided by law.
Any person committing an offense against any provision of this chapter shall, in addition to being subject, if a licensee, to having his license revoked as provided in § 32-10 of this chapter, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
The Village Board reserves to itself the right to make modification
and changes of this chapter by resolution.
