[HISTORY: Adopted by the Board of Trustees of the Village of Mount
Kisco 12-19-1977 by L.L. No. 7-1977, amended
in its entirety 4-9-2007 by L.L. No. 1-2007.
Subsequent amendments noted where applicable.]
In order to preserve public peace and good order, to provide for the
health, safety and welfare of the residents of the village and visitors to
the village, to prevent congestion on the streets and sidewalks of the village,
to prevent public disorder, nuisance, loitering and other acts detrimental
to the health, safety and welfare of the residents of the village and in particular
the adolescents of the village and to protect against the hazards associated
with the unregulated proliferation of amusement devices, it is necessary and
desirable to regulate and control the licensing, operating and conduct of
public amusements so as to affix certain responsibilities and duties upon
persons owning, operating and/or controlling such establishments. The provisions
of this chapter shall be construed in conjunction with other relevant and
applicable chapters of the Code.
For the purpose of this chapter, the following terms shall have the
meanings respectively ascribed to them by this section:
Includes any machine which, upon the payment of a charge or upon
the insertion of a coin, slug, token, plate or disk, may be operated by the
public generally for use as a game, entertainment or amusement, whether or
not registering a score and whether or not electronically operated, and shall
include but not be limited to such devices as pinball machines, skeeball,
mechanical grab machines, electronic bowling machines, electronic driving
machines, electronic baseball, football, hockey or basketball machines, any
and all air propelled machines or games, pool tables, shooting games, any
and all video games and all other games, operations or transactions similar
thereto under whatever name they may be indicated. This definition shall not
apply to those items generally described as jukeboxes or billiard tables or
pool tables in billiard or pool parlors solely designated as such and permitted
under the Zoning Ordinance.
[1]Includes any premises with more than three amusement devices as defined
herein.
Includes any premises with up to three amusement devices as defined
herein.
Any establishment which maintains two or more billiard tables or
pool tables for the purpose of allowing the use of such tables for a fee.
FULL CABARETAn establishment of a resort, accommodation, assemblage, entertainment or amusement in a location open to the public, where alcoholic refreshments of any kind are served in conjunction with dancing to either live or nonlive music or served in conjunction with live entertainment.
LIMITED CABARETAny establishment seeking to provide limited incidental indoor, nonamplified musical entertainment limited to not more than two musical instruments and two musicians to play said instruments between the hours of 7:00 p.m. and 11:00 p.m. for the specific purpose of providing indoor background music for the benefit of patrons seated at tables and wherein alcoholic refreshments of any kind are served and dancing is prohibited, provided that such establishment is not located within 250 feet of a building occupied exclusively as a school, church, synagogue or other place of worship. Such measurement is to be taken in accordance with § 45-12.
A person employed in any capacity or title in connection with a place
of public amusement as provided for herein, including the licensee and any
and all persons responsible for the control or management thereof. It shall
also include a concessionaire and each person employed by such concessionaire.
Includes natural persons of either sex, sole proprietorships, firms,
partnerships and/or corporations, whether acting by themselves or by agent,
servant or employee. The singular number shall include the plural and the
masculine pronoun shall include the feminine.
A cabaret, bowling alley, amusement device location, amusement device
arcade or billiard parlor.
No person shall conduct, manage or operate a place of public amusement
unless a valid and effective public amusement license shall have been issued
therefor by the Village Manager pursuant to this chapter.
A.
A person desiring to obtain a public amusement license
or any renewal thereof shall file a written application with the Village Manager.
The duly verified application shall state the name and address of the applicant,
as well as the names and addresses of those parties who will operate the public
amusement, the names and addresses of those partners, officers, directors
or stockholders or other persons who have a direct or indirect proprietary
interest in the public amusement and the names and addresses of the persons
or companies furnishing any of the amusement devices and the terms of the
sale or rental agreement therefor. The application shall also include the
nature of the operation and the nature of the entertainment and refreshments
to be furnished, if applicable, as well as a description of the premises and
facilities to be employed in connection with the operation of the place of
public amusement. The applicant shall also submit a detailed floor plan showing
the proposed location of the amusement devices, the proximity of the same
to doors and exits, the distances between the same and all walls, the location
of all other walls and all other fixtures to be located in the premises and
all other information that the Building Inspector might reasonably require
to facilitate his review of the floor plan of the location. A statement duly
executed by the designated agent for the license holder shall be attached
to the application before it shall be processed. In addition, the Village
Manager may require such other information as he deems appropriate or necessary.
Such application shall be referred to the Chief of Police, the Building Inspector
and the Fire Inspector for their reports and recommendations, and the applicant
must furnish any signed authorizations necessary for such investigation.
B.
When the application and the reports from the Chief of
Police, Building Inspector and Fire Inspector are completed, the same shall
be submitted to the Village Manager.
C.
Any applicant requiring a license from a state agency
is hereby required to furnish the village with an authorization addressed
to the state agency requesting that copies of any and all notices addressed
to such applicant by said state agency be forwarded to the Village of Mount
Kisco.
A copy of the application for a license, together with all supporting
documentation, shall be referred to the Chief of Police, the Building Inspector
and the Fire Inspector.
A.
The Chief of Police shall investigate the background
of those persons named as partners, officers, directors or stockholders on
the application. Following such investigation, the Chief of Police shall either
approve or disapprove the application, and in the event of an application
for a license for an amusement device arcade as defined above, the Chief of
Police shall file a written report which shall specify the reason or reasons
for the approval or disapproval of the application.
B.
The Building Inspector shall inspect the location to
determine if the same complies with the Building Code of the Village/Town
of Mount Kisco[1] and shall either approve or disapprove the application, and in
the event of an application for an amusement device arcade as specified above,
the Building Inspector shall file a written report which shall specify the
reason or reasons for the approval or disapproval of the application. In the
event that the Building Inspector approves the application, the Building Inspector
shall determine the maximum occupancy of such location based upon the floor
plan and number of machines and shall specify the same in his written report.
Additionally, the applicant shall be required to post a statement indicating
the maximum occupancy of such premises, and the same shall become a condition
of the license granted pursuant to provisions of this chapter.
C.
The Fire Inspector shall inspect the location to determine
if the same complies with the Fire Code adopted by the Village/Town of Mount
Kisco[2] and shall either approve or disapprove the application, and in
the event of an application for an amusement device arcade as specified above,
the Fire Inspector shall file a written report which shall specify the reason
or reasons for the approval or disapproval of the application.
The Village Manager may deny an application or, imposing such terms
and conditions as he deems necessary, grant a license for a place of public
amusement other than an amusement device arcade. In the case of an amusement
device arcade, the Village Manager shall either deny the application or issue
a notice of compliance with respect to such application, imposing such terms
or conditions as he deems necessary, subject to the approval by the Planning
Board of the Village/Town of Mount Kisco of the applicant's application for
a special permit for the operation of an amusement device arcade as the same
is governed by the Zoning Ordinance of the Village/Town of Mount Kisco.[1] In the event that the Planning Board approves the application for a special permit, the notice of compliance issued by the Village Manager shall be converted to an approval of the public amusement license, and the license shall be issued, together with such terms or conditions as the Village Manager deems necessary in granting such license. Each and every license, whether the same be for an amusement device location or an amusement device arcade, shall contain a condition which will prohibit the playing of music from any source whatsoever at a level which shall permit such music to be heard from the exterior of such premises. Without limiting the foregoing, no license shall be granted in the event that the applicant or anyone who is associated with the applicant, either as a partner, officer, director, stockholder, successor or a person who holds a direct or indirect proprietary interest, has been, within three years preceding the date of the application, convicted of violating any law relating to the sale of intoxicating liquor or of any felony, nor shall a license be granted if the premises does not comply with all applicable laws or regulations or if such entertainment be deemed unlawful pursuant to § 45-21 of this chapter.
Upon the approval of an application for license and before the issuance of a public amusement license, the applicant shall submit evidence of insurance in the amount as set forth in Chapter A112, Fees. All policies shall name the village/town as an additional party insured on such policy. The form of such insurance shall be approved by the Village Attorney. All policies shall provide that there shall be no cancellation of such policy without prior notice to the Village/Town of Mount Kisco.
A.
Any person denied a license or deeming himself aggrieved
by any terms and conditions of the license or deeming himself aggrieved by
any ruling, decision or order of any village official with respect to the
provisions of this chapter, including revocation of license, and the interpretations
thereof, may apply in writing to the Board of Trustees within 30 days for
review of such denial or license, establishment of terms and conditions, ruling,
decision or order.
B.
Upon receipt of the notice of appeal, as aforesaid, the
Board of Trustees shall set a date for and then hold a public hearing within
30 days. The applicant shall be entitled to have counsel of his choosing present,
to present witnesses and to submit exhibits supporting his application. The
Board of Trustees shall make its decision within 30 days of the public hearing.
Such decision shall be in writing, and a copy of the same shall be filed with
the Village Clerk, and a copy shall be mailed to the applicant, sustaining,
modifying or reversing such ruling or decision of the appropriate village
official.
In the event that any change is made in any amusement device location,
amusement device arcade or billiard parlor, which such change shall alter
the flow of patron traffic by either increasing the number of machines or
tables at such location or by relocating such machines or tables at such location,
the license holder must apply to the Building Inspector of the Village/Town
of Mount Kisco for a reinspection of the premises prior to the installation
of additional devices or relocation of the same. This section shall not apply
to the mere substitution of one machine for another in the same location (referring
to the floor plan). The Building Inspector, following such reinspection, shall
note any changes on the floor plan filed with the application for a license
and shall advise the Village Manager of his recommendations with respect to
such change. In the event that the Building Inspector does not object to the
proposed change, he shall so notify the applicant, and the change may be made.
A.
The Village Manager retains the power to revoke any public amusement license upon notice and following a hearing as set forth herein, where said license was procured by fraud or by any material false representation of the fact or for the violation of or failure to comply with any of the terms and/or conditions upon which the license was granted or in the event that after the issuance of the license the licensee or any person associated with the licensee as a partner, officer, director, stockholder or by having a direct or indirect proprietary interest in the licensee shall have been convicted of violating any law relating to the sale of intoxicating liquors or convicted of any felony or for a cause which justifies the denial of the license if the fact or facts on which the cause is based were known to the Manager at the time the license was granted. Additionally, the Village Manager shall be vested with the authority to issue a revocation of any existing public amusement license or elect not to renew such license in accordance with the provisions herein, where there is evidence that the licensee has failed to conduct the operations in accordance with the terms of this chapter or such operations have, in the estimation of the Village Manager, constituted a nuisance to the surrounding properties. Evidence of such nuisance shall include, but not be limited to, excessive noise, loitering outside the premises, number of resident complaints, and police response to the licensed premises. The Village Manager shall also cause an immediate investigation of any reports of assaults, drug arrests, underage drinking, fighting or similar acts or incidents adversely affecting the health, safety and welfare of the patrons, residents and public at large. Should the Village Manager determine that such events were caused directly or substantially by lack of adequate staffing, security, management or oversight, then the Village Manager may issue a revocation. The Village Manager shall cause notice to be served upon the public amusement licensee as set forth in Subsection B below. Said notice shall provide for a hearing not sooner than five days from the date said notice is served upon the public amusement licensee. At said hearing, said licensee shall have the right to have counsel of his own choosing present and shall further have the right to present witnesses and exhibits on his behalf. Following said hearing, the Village Manager shall make his determination and shall advise the public amusement licensee of his decision, in writing, no later than 30 days following the close of such hearing.
B.
Any notices of any official nature whatsoever may be
served personally or by registered mail addressed to the public amusement
licensee at his place of business within the Village.
A.
Licenses for places of public amusement shall be issued
on a calendar-year basis.
B.
The fee for such license shall be as set forth in Chapter A112, Fees. In the event that a license is granted after July 1 of any given year, the fee shall be one-half the amount therein provided.
C.
Such license shall not be transferable and shall not
authorize the licensee to conduct a place of public amusement of any type
in any location other than the one specified in the application and license.
No place shall operate as a cabaret or bowling alley any day between
the hours of 2:00 a.m. to 8:00 a.m. or on Sunday between the hours of 2:00
a.m. and 12:00 noon. No place shall operate as an amusement device arcade
between the hours of 11:00 p.m. and 8:00 a.m. No place shall operate as a
billiard parlor between the hours of 2:00 a.m. and 8:00 a.m. or on Sunday
between the hours of 2:00 a.m. and 12:00 noon. If any such place is found
to be operating during the prohibited hours, the person owning, managing,
operating or conducting such place of public amusement shall be held responsible
for violating the provisions of this section. Notwithstanding the aforesaid,
the hours of operation for a limited cabaret shall be restricted to between
7:00 p.m. and 11:00 p.m.
No public amusement license for a full cabaret shall be granted for
any premises whose main on-street entrance shall be within 500 feet from another
premises that houses a full cabaret or within 500 feet of a building occupied
exclusively as a school, church, synagogue or other place of worship, the
measurement to be taken in a straight line from the center of the nearest
entrance to the building used for such school, church, synagogue or other
place of worship to the center of the main on-street entrance of the premises
to be licensed. No public amusement license for a limited cabaret shall be
granted for any premises whose main on-street entrance shall be within 250
feet of a building occupied exclusively as a school, church, synagogue or
other place of worship. In addition to the aforementioned separation requirements,
the issuance of a full cabaret permit shall be prohibited for any establishment
adjoining or abutting a residentially zoned district.
It shall be unlawful for the owner, proprietor, manager or person in
charge of any cabaret licensed under the provisions of this chapter to employ
as an entertainer in such place any person who is not of good moral character
and who is not at least 18 years of age, except as may be permitted by state
law.
It shall be unlawful for the owner, proprietor, manager or person in
charge of any place licensed under the provisions of this chapter to refuse
admission to any police officer of the Village of Mount Kisco or of the County
of Westchester or of the State of New York or any officer of the United States
government charged with the duty of enforcing the applicable penal laws or
municipal laws. It shall further be unlawful to refuse admission to any Village
official when such person is acting in his or her official capacity. Said
officers shall have free access at all times to any cabarets licensed under
the provisions of this chapter.
It shall be unlawful for the owner, proprietor, manager or person in
charge of any place licensed under the provisions of this chapter or for any
employee of said place knowingly to harbor, admit, receive or permit to be
or remain in and about any such place any person under the age of 21 years,
unless such occupancy is during hours where no cabaret activity is occurring
or unless accompanied by his or her parent or parents or legal guardian or
guardians.
It shall be unlawful for any person under the age of 21 years or any
drunken or boisterous person or person under the influence of intoxicating
liquor or any person whose conduct while present in said place in any way
tends to corrupt the public morals to be or remain in or about any place licensed
under the provisions of this chapter after being notified by the management
to leave the premises.
It shall be unlawful for any person to represent himself to be a parent
or legal guardian of any person in order that such person may obtain admission
to a cabaret when the person making the representation is not in fact either
the parent or legal guardian of the same.
It shall be unlawful for any person to make any misrepresentation or
false statement as to his own age or the age of any other person for the purpose
of obtaining admission to any cabaret.
It shall be unlawful to give or permit the giving of in any cabaret
any entertainment or exhibition of a lewd, vulgar or immoral type of entertainment
or to use therein any indecent or obscene language or to behave in any manner
tending to corrupt the public morals.
At all times of operation, every place licensed under the provisions
of this chapter shall be lighted or illuminated by either daylight, gas or
electricity or other means, provided that the intensity of such illumination
shall be at no time less than 1 1/2 footcandles at a height three feet above
floor level at all parts of said place.
All safety features shall be in accordance with the New York State Building
Code and the Fire Prevention Laws of the village.[1]
Before a patron or guest is served, he is to be furnished with a clearly
printed menu itemizing the prices charged for food and drink. If there is
an extra charge or additional charge for a particular space or table, the
patron must be advised accordingly before being seated. If a licensee advertises
his business through any medium or reference is made in the advertisement
to a price or prices, to a charge or charges or to the absence of a certain
charge or charges, such advertisement must accurately and clearly indicate
whether there are any variations in the price or prices depending upon the
time of day or evening or any cover, placement, location or minimum charge.
If there is a time limit on a table reserved or otherwise, the patron or patrons
must be notified before being seated.
No provision of this chapter shall be construed as to be contradictory
of or at variance with any of the provisions of the Alcoholic Beverage Control
Law or the rules of the State Liquor Authority.[1]
Any person committing an offense against any provision of this chapter shall be punishable as provided in § 1-17B of this Code.
A.
No alcoholic beverage of any kind may be sold or consumed
in any billiard parlor.
B.
No person under 18 years of age shall be permitted in
a billiard parlor during school hours unless accompanied by a parent or guardian.
C.
No person under 16 years of age shall be permitted in
a billiard parlor after 11:00 p.m. unless accompanied by a parent or guardian.
D.
No premises utilized as a billiard parlor may simultaneously
be used as an amusement device arcade or cabaret.
E.
No premises utilized as a billiard parlor may provide
live entertainment.
F.
Adequate security personnel shall be provided by the
billiard parlor operator.
