[HISTORY: Adopted by the Village Board of
Trustees of the Village of Pleasantville 2-27-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
[Amended 4-28-1997 by L.L. No. 4-1997; 8-11-2003 by L.L. No.
6-2003]
A.
The Village Board of Trustees hereby finds that cabarets
within the Village of Pleasantville create unique impacts upon municipal
services, traffic patterns and fire and safety conditions and upon
the residents of the surrounding areas. The purpose of this article
is to minimize the adverse impacts of such cabarets while permitting
their existence, in furtherance of the economic and social well-being,
and the health, welfare and peace of the people of the Village of
Pleasantville. The provisions of this article shall be liberally construed
for the accomplishment of that purpose.
B.
The Village finds that existing cabarets are located
in close proximity to residences, and, given the size of the Village
and the location of business districts, future cabarets may be located
in close proximity to residences. Based on the proximity of present
and possible future locations of cabarets to residential neighborhoods,
the Village finds that there is the potential for negative impacts
on nearby residences from activities on the premises, including, but
not limited to amplified noise. In addition, it may be demonstrated
that a particular cabaret use adversely impacts the public health,
safety and welfare. In order to balance the competing interests of
the public health, safety and welfare and the rights of a cabaret
owner to operate a cabaret, the Village finds it necessary to retain
the ability to impose reasonable conditions to minimize demonstrated
negative impacts of a cabaret on a case-by-case basis.
C.
The Village has a substantial interest in ensuring
that those to whom licenses are issued will abide by the requirements
of this article. The Village Board of Trustees finds that a person
who has been convicted of violating this article or a similar cabaret
law may be more likely to violate this article than someone who has
not violated such a law. In those cases, it is important to have information
regarding prior violations and convictions of this article or a similar
cabaret law so that the Village can more closely monitor those cabarets
and those persons with a history of regulatory violations who would
own, manage or work in cabarets. In some cases, violations of this
article or a similar cabaret law may be so egregious as to present
a clear and present danger to the Village, its residents and the patrons
and employees of a cabaret, so as to warrant denial, suspension or
revocation of a cabaret license. The denial, suspension or revocation
of a cabaret license in these cases will act as a deterrent against
further violations and serve to protect the health, safety and welfare
of the Village's inhabitants and the cabaret's employees and patrons.
D.
The Village Board of Trustees further finds that the
Village has a substantial interest in knowing the identity of those
persons responsible for the day-to-day operations and maintenance
of a cabaret, to assure that the cabaret is operated appropriately
and to maintain contact information in case of emergencies. Further,
disclosure of the identities of a cabaret's corporate officers and
directors, and those responsible for the management of a partnership
and a limited liability company is reasonable since these parties
are ultimately responsible for ensuring compliance with this article.
The disclosure of these identities is also significant to guard against
businesses being operated by sham entities, and to ensure that the
Village will be able to contact and communicate with responsible persons
when necessary.
A.
CABARET
EMPLOYEE
PERSON
PREMISES
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Any room, place or space in the Village of Pleasantville in which any live or prerecorded musical entertainment, singing, dancing or other similar amusement is permitted in connection with the principal business of directly or indirectly selling to the public food or drink. The term "cabaret," as used herein, shall not include a restaurant during any time that it is providing full-course meals with waiter and waitress service and has background music played for the benefit of patrons, an adult entertainment cabaret regulated by Article II of this chapter, entitled "Adult Entertainment Uses," or any exclusively private event or affair, such as a wedding, birthday, social association or religious, charitable, eleemosynary or educational event, at which the entertainment is provided and paid for by the sponsor of the event.
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. It shall also include a concessionaire
and each person employed by such concessionaire.
Includes persons, limited liability companies, firms, copartnerships,
corporations and other business entities, whether acting by themselves
or by a servant, agent or employee.
The premises upon or in which a cabaret is conducted or proposed
to be conducted.
B.
Word usage. The singular number shall include the
plural, and the masculine pronoun shall include the feminine.
It shall be unlawful for any person to conduct,
maintain or operate a cabaret unless it is licensed in the manner
prescribed herein.
A.
Any person desiring to procure a cabaret license shall
make application therefore to the Village Board of Trustees of Trustees,
upon a form to be furnished by the Village Clerk. Such form shall
contain, but shall not be limited to, the following information:
(1)
Name, mailing address, date of birth and social security
or federal identification number of applicant.
(2)
Whether applicant is an individual, partnership, corporation,
limited liability company or other business entity or association.
(3)
If a partnership, its complete name, the names, social
security numbers and addresses of all persons who are general partners
and who are responsible for the management of the partnership.
(4)
If a corporation, its complete name, the address of
its office for service of process, evidence that it is in good standing
under the laws of its state of incorporation and qualified to do business
in the State of New York, the names and addresses of all officers,
directors and managers and the name and address of its registered
agent, if any.
(5)
If a limited liability company, the name of all persons
having an interest in the limited liability company who are responsible
for the management of the limited liability company.
(6)
Name, business or mailing address, date of birth and
social security number of each and every manager and operator of the
cabaret.
(7)
The applicant's place(s) of previous employment and/or
operations, if any, during the past five years.
(9)
Whether any person mentioned in Subsection A(1), (2), (3), (4), (5) and (6) has ever had a cabaret or similar license denied, revoked or suspended, been convicted of operating or managing such a business without a license, been found in an administrative or judicial proceeding to have committed any act that would form a basis for denial, revocation or suspension under this article and been found in an administrative or judicial proceeding to have committed any crime or violation in connection with an activity regulated under this or a similar cabaret law. If the answer is yes to any of these questions, the applicant is to provide the full particulars.
(11)
The name of the cabaret under which the applicant
will operate with copies of the registration documents for the use
of the name, and the location of the cabaret and telephone number(s),
if any.
(12)
Whether the premises comply with the requirements
of the New York State Uniform Fire Prevention and Building Code and
those relating to health and sanitation.
(13)
Whether the premises comply with the requirements
of the local laws of the Village of Pleasantville relating to and
regulating cabarets, providing for the licensing thereof, regulating
the conduct of persons therein, defining offenses and providing penalties
for the violation thereof.
(14)
The nature of the entertainment to be produced.
(15)
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.
(16)
Affixed to the application shall be two copies of
a scale drawing showing the dimensions of all occupied rooms; the
locations of all tables; the width of aisles between tables; the width
of aisles between tables and walls, posts, poles, bars, stages and
other fixtures, appurtenances and appliances; and the location of
all exits, exit signs and emergency lighting as shown on a plan or
drawing prepared by a licensed engineer or architect to the satisfaction
of the Building Inspector.
(17)
The County Health Department permit number and any
conditions of such approved permit.
(18)
Whether cabaret activities shall be conducted every
day of the week or be limited to a specified day or days of the week.
(19)
In addition to the foregoing, the applicant shall
supply any and all reasonably relevant information concerning its
application to operate a cabaret when requested to do so by authorized
officials of the Village.
(20)
If there is any change, after the filing of an application
for a license in any of the facts required to be set forth in the
application, a supplemental statement giving notice for the change
or changes, duly verified, shall be filed with the Village Clerk within
10 days after any change.
(21)
The applicant shall meet all other regulations of
the Village of Pleasantville, including but not limited to district
lot and bulk regulations, parking regulations and signage requirements.
(22)
The applicant shall sign and swear to the following
affidavit before an officer authorized to administer oaths as a part
of applicant's application for a cabaret license:
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State of New York, County of Westchester, SS:
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________________________________, being duly
sworn, deposes and says: I am the ________________________, above-named
applicant and make this affidavit for the purpose of obtaining from
the Village of Pleasantville a license to operate a cabaret as provided
in the local law relating to and regulating cabarets, providing for
the licensing thereof, regulating the conduct of persons therein,
defining offenses and providing penalties for the violation thereof.
I have personal knowledge of the matters stated in the foregoing application,
and the statements therein contained are true.
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__________________________________
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Sworn to before me this
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______ day of _______, 20___
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_________________________________
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Notary Public: Westchester County
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B.
No such applications shall be granted to conduct such
cabaret on premises which do not conform to the requirements of this
article and all laws and regulations of the State of New York and
all ordinances and regulations of the Village of Pleasantville.
A.
The Village Board of Trustees, upon presentation of
such application and before acting upon the same, shall refer such
application to the Police Department and the Building Inspector for
a full investigation for compliance with this article and with applicable
fire, building, zoning, health and safety codes. The Police Department
and the Building Inspector each shall furnish, within 15 days after
any application has been referred to it, a written report to the Village
Board of Trustees containing the result of its investigation.
B.
The Village Board of Trustees, within 30 days of submission
of any application, shall issue the license applied for unless it
is determined that one or more of the following is true:
(1)
An applicant or the proposed premises does not comply
with the requirements of this article and all laws and regulations
of the State of New York and all ordinances and regulations of the
Village of Pleasantville.
(2)
Any person mentioned in § 76-5 A(1), (2), (3), (4), (5) and (6) has ever had a previous cabaret or similar license denied, revoked or suspended, been convicted of operating or managing such a business without a license, been found in an administrative or judicial proceeding to have committed any act that would form a basis for denial, revocation or suspension under this article and been found in an administrative or judicial proceeding to have committed any crime or violation in connection with this or a similar cabaret law, and if so, the conduct forming the basis of such denial, revocation, suspension or conviction is so egregious as to present a clear and present danger to the Village, its residents and the patrons and employees of a cabaret.
(3)
An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question
or request for information on the application form.
(4)
The license fee required by this article has not been
paid.
C.
If the Village Board of Trustees, after reviewing the written reports pursuant to Subsection A, determines that there may be grounds for denial of the application, then prior to taking action on such application, and within 45 days of submission of any application, the Village Board of Trustees shall, upon at least three days' written notice to the applicant setting forth the potential grounds for the denial of the license, hold a hearing upon such application. The Village Board of Trustees may extend the time limit for the hearing upon request of the applicant and for good cause. At the hearing, the applicant shall be given an opportunity to be heard and to introduce the testimony of witnesses. Based upon a preponderance of the evidence introduced at the hearing, the Village Board of Trustees, within five days of the date of the hearing, shall issue its determination whether to grant or deny the license. The final determination shall be in writing and specific reasons shall be provided if the license is denied. The action of the Village Board of Trustees upon such hearing shall be final.
A.
The Village Board of Trustees, upon presentation of
an application for renewal of a license and before acting upon the
same, shall refer such application to the Police Department and the
Building Inspector for a full investigation for compliance with this
article and with applicable fire, building, zoning, health and safety
codes. The Police Department and the Building Inspector each shall
furnish, within 15 days after any application has been referred to
it, a written report to the Village Board of Trustees containing the
result of its investigation.
B.
The Village Board of Trustees, within 30 days of submission
of any such application, shall issue the renewal of the license applied
for unless it is determined that one or more of the following is true:
(1)
The prior license of the applicant was procured by
fraud or false representation of fact.
(2)
There has been a change, after the filing of an application
for a license in any of the facts required to be set forth in the
application, and the applicant willfully or intentionally fails to
give a supplemental statement giving notice for the change or changes,
duly verified, to the Village Clerk within 10 days after any change.
(3)
A report of the Chief of Police, and/or the Building
Inspector, based on police reports filed in his or her office, shall
show during the term of applicant's prior license period(s) that two
or more of any of the following acts or omissions have taken place
at the premises:
(a)
Exceeding occupancy limits.
(b)
Locked exit doors when premises are occupied
by a person or persons.
(c)
Obstructed exits and/or aisles.
(d)
Inoperable or nonexistent exit signs.
(e)
Lack of smoke detectors.
(f)
Disorderly premises (which shall mean fights
or assaults in the premises or other disturbances of a similar nature
in or about the premises).
(4)
A report of the Chief of Police, based on police reports
filed in his or her office, shall show that during the term of applicant's
prior license period(s), one or more of any of the following acts
or omissions have taken place at the premises:
(a)
Gambling.
(b)
Illicit drug sales (by employees or others)
unless promptly reported to the police by those in charge of the premises.
(c)
Prostitution.
(d)
A fire resulting in death or serious physical
injury as defined in Penal Law § 10.00 in which one or more
New York State Uniform Fire Prevention and Building Code violations
existed on the premises at the time of the fire.
(e)
Death or serious physical injury as defined
in Penal Law § 10.00 occurring on the premises or arising
out of an incident or incidents on the premises and which took place
in close proximity in time and place to the premises.
(f)
A riot as defined in Penal Law § 240.05
has taken place upon the premises or arising out of an incident on
the premises and which took place in close proximity in time and place
to the premises.
(5)
Any state of facts exists which would be grounds to
deny issuance of the license if application for the license were being
made in the first instance.
C.
If the Village Board of Trustees, after reviewing the written reports pursuant to Subsection A, determines that there may be grounds for nonrenewal of the license, then prior to taking action on such application, and within 45 days of submission of any application, the Village Board of Trustees shall, upon at least three days' written notice to the applicant setting forth the potential grounds for the nonrenewal of the license, hold a hearing upon such application. The Village Board of Trustees may extend the time limit for the hearing upon request of the applicant and for good cause. At the hearing, the applicant shall be given an opportunity to be heard and to introduce the testimony of witnesses. Based upon a preponderance of the evidence introduced at the hearing, the Village Board of Trustees, within five days of the date of the hearing, shall issue its determination whether to grant or deny the license. The final determination shall be in writing and specific reasons shall be provided if the license is not renewed. The action of the Village Board of Trustees upon such hearing shall be final.
A.
The Village Board of Trustees reserves the power unto
itself to suspend a license for a period not to exceed 90 days if
it determines that there is a violation or noncompliance with any
section of this article.
B.
The Village Board of Trustees reserves the power unto
itself to revoke any license issued under the provisions of this article
at any time if it determines that any state of facts exists which
would be grounds to deny renewal of the license if application for
renewal of the license were being made at that time.
C.
If the Village Board of Trustees determines that there
may be grounds for suspension or revocation of the license, then prior
to taking any such action, the Village Board of Trustees shall, upon
at least 3 days' written notice to the applicant setting forth the
potential grounds for the of the suspension or revocation license,
hold a hearing. The Village Board of Trustees may extend the time
limit for the hearing upon request of the applicant and for good cause.
At the hearing, the applicant shall be given an opportunity to be
heard and to introduce the testimony of witnesses. Whenever any person
to whom a license has been granted under the provisions of this article
shall be convicted of violating any of the provisions thereof, such
conviction shall be prima facie evidence of facts sufficient to warrant
revocation or suspension of the license held by such person. Based
upon a preponderance of the evidence introduced at the hearing, the
Village Board of Trustees, within five days of the date of the hearing,
shall issue its determination whether to suspend or revoke the license.
The final determination shall be in writing and specific reasons shall
be provided if the license is suspended or revoked. The action of
the Village Board of Trustees upon such hearing shall be final.
In connection with the issuance, continuing
validity or renewal of any such license, the Village Board of Trustees
may impose reasonable conditions necessary to protect the public health,
safety and welfare and to effectuate the purposes of this article,
taking into account factors such as, but not limited to, proximity
to residences, which reasonable conditions may include, but shall
not be limited to, requiring additional levels of soundproofing or
acoustical management at the premises and limiting the hours during
which amplified audible activity is permitted.
The term of a license shall be for a period
of one year, commencing with June 1 and terminating at the end of
the following May, except that an original license shall be effective
from the date the license is granted to the end of the month of May.
Renewal applications shall be submitted to the Village Board of Trustees
at least 30 days prior to the expiration of the license. Renewals
of licenses shall be effective for the one-year term described above.
Such license shall not be transferable and shall not authorize the
person to whom it is granted to conduct a cabaret at any other location
other than the location specified therein. There shall be a yearly
license fee for a cabaret license, as set forth by resolution of the
Village Board of Trustees in the Master Fee Schedule, which may be
amended from time to time. In the event that a license is granted
after the first of December of any year, the license fee shall be
1/2 of the amount of the annual license fee. The Village Board of
Trustees shall not issue any such license until the applicant shall
produce a receipt from the Village Clerk showing that the applicant
has paid to the Village the license fee herein provided.
No person owning, managing or operating or conducting
a cabaret shall allow or permit himself or herself or any person employed
by him or her in the capacity of an entertainer or servant or otherwise
to approach or accost any guest, to dance with or have refreshments
with such guest as aforesaid during the hours of his or her employment,
nor shall any person in the premises of a cabaret approach any person
who is an employee of the owner or manager or operator in the capacity
of an entertainer or servant or otherwise during the hours of his
or her employment for the purpose of inducing any such person so employed
to dance with or have refreshments with such guest.
It shall be unlawful for the owner, proprietor,
manager or person in charge of any place licensed under the provisions
of this article to refuse admission to any police officer or building
or fire inspector charged with the duty of enforcing this article.
Said officers shall have free access at all times to any cabarets
licensed under the provisions of this article.
Each license issued hereunder shall be kept
posted at the main entrance of every place licensed hereunder.
It shall be unlawful for any cabaret licensed
under the provisions of this article to permit outside doors to be
open at any time during the hours of operation except:
All parking for patrons or employees of any
place licensed under the provisions of this article shall conform
to the requirements of any applicable provisions of the Municipal
Code of the Village of Pleasantville. The owner, proprietor, manager
or person in charge of any place licensed under the provisions of
this article shall be responsible for compliance with this section.
Failure to comply with this section shall constitute a violation of
this article.
During the period that a cabaret is occupied
by patrons or guests, it shall be illuminated by sufficient natural
or artificial light to permit safe ingress and egress to and from
the premises.
Before the issuance of a cabaret license, the
Village Board of Trustees of the Village of Pleasantville shall determine,
with the aid of the Building Inspector, the maximum number of patrons
permitted upon the licensed premises at one time, as set forth in
the New York State Uniform Fire Prevention and Building Code, in order
to prevent overcrowding and the resultant hazards to health and safety.
Such maximum number so determined shall be stated on said license,
and any premises containing a greater number shall be in violation
of this article. Tables, chairs and other moveable items shall not
be moved, removed or placed in a manner so as to permit a greater
occupancy than stated on said license.
The licensee and all officers, directors, agents,
employees and concessionaires shall at all times strictly and promptly
conform to and comply with all laws, provisions, rules, regulations
and requirements of all federal, state and municipal authorities and
agencies having jurisdiction with respect to the premises and the
conduct and operation of the licensed business therein and thereat,
now in force or hereafter adopted during any license period.
Any person committing an offense against any
provision of this article shall be guilty of a misdemeanor punishable
by a fine not to exceed $1,000, imprisonment for not more than one
year, or both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
If any clause, sentence, paragraph, section,
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph or section directly involved in
the controversy in which such judgment shall have been rendered.
This article shall take effect immediately upon
filing with the Secretary of State of the State of New York.
The Village Board of Trustees hereby finds that
certain business activities, by their nature, have serious objectionable
operational characteristics which can lead to a significant impact
on the surrounding community. The Village Board of Trustees further
finds that the unrestrained proliferation of such businesses is inconsistent
with existing development and future plans for the Village of Pleasantville
in that they often result in influences on the community which increase
the crime rate and undermine the economic, moral and social welfare
of the community. The deleterious effects of these businesses change
the economic, social and moral character of the existing community
and adversely affect existing businesses and community and family
life. As business activity drops off and the quality of life deteriorates,
merchants and families move away from the area, leaving it in a vacant
and depressed state. Further, the location of these uses may be in
areas where youth may regularly assemble and the general atmosphere
encompassing their operation is of great concern to the Village of
Pleasantville. The purpose of this article is to prevent the unrestricted
proliferation of such businesses and to ensure that the effects of
such businesses will not adversely affect the health, safety and economic
well-being of the community by enacting criteria for the establishment
of adult entertainment uses in the Village.
As used in this article, the following terms
shall have the meanings indicated:
A person, establishment or business, whether retail or wholesale,
having more than a minimal portion of its stock-in-trade recordings,
books, magazines, periodicals, films, videotapes/cassettes or other
audio or viewing materials for sale or viewing, on or off the premises,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to sexual activities or sexual anatomical
areas. For purposes of this definition, "minimal portion" means at
least 20% of the total area devoted to display of such materials listed
herein.
A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators
or exotic dancers or other similar entertainments.
Any activity covered by the definitions of adult bookstore,
adult motion-picture theater, adult entertainment cabaret, adult motel
and massage establishment in this section.
A motel which makes available to its patrons in their rooms
films, slide shows or videotapes, with material distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons.
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons.
Any person, firm, association, partnership, corporation or
other entity for profit.
A method treating the external parts of the human body by
rubbing, stroking, kneading, tapping or vibrating with the hand or
any instrument.
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic or the office
of any health care practitioner duly licensed by the State of New
York, nor barbershops or beauty salons in which massages are administered
only to the scalp, the face, the neck, the back or the shoulder. This
definition shall not include a volunteer fire department, a volunteer
rescue squad or a nonprofit organization operating a community center,
swimming pool, tennis court or other educational, cultural, recreational
or athletic facilities and facilities for the welfare of the residents
of the area.
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person is female, breast.
An adult entertainment use shall be located
in a B-1 District only.
No business or person shall construct, establish or conduct any adult entertainment use within the Village of Pleasantville unless they have applied for and obtained a certificate of occupancy, as provided for in this article and Chapter 98, Fire Prevention and Building Construction, of this Municipal Code, from the Building Inspector. To receive a certificate of occupancy, the applicant must satisfy the additional following criteria:
A.
No more than one adult entertainment use shall be
located on any lot.
B.
No adult entertainment use shall be established or
permitted in any building of which any part is used for residential
purposes.
C.
No residential use shall be established in a building
of which any part is used as an adult entertainment use.
D.
No adult entertainment use shall be established closer
than 150 feet from any lot line of any other adult entertainment use.
E.
No adult entertainment use shall be established closer
than 100 feet from the boundary line of any residence district, RRR
through R-4, inclusive.
F.
No adult entertainment use shall be established closer
than 100 feet from the lot line of any church, community center, funeral
home, school, day-care center, hospital, alcoholism center or drug
treatment center, counseling or psychiatric treatment facility or
public park.
G.
The applicant shall obtain site plan approval from the Planning Commission in accordance with Chapter 185, Zoning, of this Code.
H.
The applicant shall meet all other regulations of
the Village of Pleasantville, including but not limited to district
lot and bulk regulations, parking regulations and signage requirements.
A.
Any person desiring to procure a certificate of occupancy
in accordance with this article for an adult entertainment cabaret
shall make application therefor to the Building Inspector upon a form
to be furnished by the Building Inspector. Such form shall contain,
but shall not be limited to, the following information:
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Village of Pleasantville
Application for Adult Entertainment Cabaret
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(1)
Name, address, date of birth and social security number
or federal employer identification number of applicant.
(2)
Whether applicant is an individual, partnership, corporation
or other association.
(3)
If a partnership, the names, addresses, dates of birth
and social security numbers of all persons having an interest in the
partnership.
(4)
If a corporation, the names, addresses, dates of birth
and social security numbers of all officers, directors and managers.
(5)
If a corporation, the name of each stockholder owning
10% or more of the total outstanding shares of any class of stock.
There shall also be given the number of shares held by the stockholder
and his or her percentage of the total outstanding shares of stock.
(6)
Name, address, date of birth and social security number
of each and every employee and manager of the premises.
(8)
The applicant's place of previous employment during
the past five years.
(9)
Whether any person mentioned in Subsection A(1), (3), (4), (5) and (6) has been engaged as an operator or manager of adult entertainment cabaret or similar business within the last five years and, if so, the name of such business, its address and the length of time such person operated such business.
(10)
Whether any person mentioned in Subsection A(1), (3), (4), (5) and (6) has ever had a previous adult entertainment cabaret certificate of occupancy or similar municipal approval revoked or suspended and whether such person has been convicted of operating or managing such a business without such municipal approval and, if so, the full particulars.
(13)
The name of the adult entertainment cabaret
under which the applicant will operate and the location.
(14)
Whether the premises upon which the proposed
adult entertainment cabaret is to be conducted complies with the requirements
of the New York State Uniform Fire Prevention and Building Code and
any amendments thereto and those relating to health and sanitation.
(15)
Whether the premises comply with the requirements
of the local law of the Village of Pleasantville relating to and regulating
adult entertainment cabarets providing for the procurement of a certificate
of occupancy, regulating the conduct of persons therein, defining
offenses and providing penalties for the violation thereof.
(16)
The nature of the entertainment to be produced.
(17)
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.
(18)
Whether any part of the premises to be used
will be used for a motel and, if so, the full particulars.
(19)
Affixed to the application shall be two copies
of a scale drawing showing the dimensions of all occupied rooms; the
locations of all tables; the width of aisles between tables; the width
of aisles between tables and walls, posts, poles, bars, stages and
other fixtures, appurtenances and appliances; and the location of
all exits, exit signs and emergency lighting, as shown on a plan or
drawing prepared by a licensed engineer or architect to the satisfaction
of the Building Inspector.
(20)
The County Health Department permit number and
any conditions of such approved permit.
(21)
Whether adult entertainment cabaret activities
shall be conducted every day of the week or shall be limited to Friday,
Saturday and Sunday or be limited to some other specified day or days
of the week.
(22)
In addition to the foregoing, the applicant
shall supply any and all reasonably relevant information concerning
its application to operate an adult entertainment cabaret when requested
to do so by authorized officials of the Village.
(23)
The applicant shall sign the following affidavit
in connection with all applications for a certificate of occupancy
for an adult entertainment cabaret:[1]
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State of New York, County of Westchester, SS:
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_______________________________, being duly
sworn, deposes and says: I am the _______________________, above-named
applicant and make this affidavit for the purpose of obtaining from
the Village of Pleasantville a certificate of occupancy to operate
an adult entertainment cabaret as provided in the local law relating
to and regulating adult entertainment cabarets, providing for the
procurement of a certificate of occupancy regulating the conduct of
persons therein, defining offenses and providing penalties for the
violation thereof. I have personal knowledge of the matters stated
in the foregoing application, and the statements therein contained
are true.
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____________________________
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Sworn to before me this
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____ day of ________, 19___
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_________________________________
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Notary Public: Westchester County
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B.
Said application shall be signed and duly verified
by the applicant before an officer authorized to administer oaths.
No such applications shall be granted to conduct such adult entertainment
cabaret on premises which do not conform to the requirements of this
article and all laws and regulations of the State of New York and
all ordinances and regulations of the Village of Pleasantville.
C.
Each applicant shall submit two sets of fingerprints
to the Village of Pleasantville Police Department. Said fingerprints
shall be taken by the Village of Pleasantville Police Department,
and the applicant shall pay a fee as set forth by resolution of the
Village Board of Trustees in the Master Fee Schedule, which may be
amended from time to time. If the applicant is a company or corporation,
then two full sets of fingerprints of the principal officer of said
company or corporation shall be provided in accordance with this subsection.
The Police Department shall forward the applicant's fingerprints to
the New York State Division of Criminal Justice Services (DCJS) and
shall be responsible for reviewing criminal history record information
disseminated by the DCJS. A certified check or money order, in the
amount specified by and made payable to the DCJS to cover the cost
of processing fingerprints, shall accompany the application.
D.
Such application shall be reviewed by the Police Department
and the Building Inspector for a full investigation as to the truth
of the statements contained therein. The Police Department and Building
Inspector shall, within 30 days after any application has been referred
to them, furnish an opinion containing the result of their investigation.
A.
The Building Inspector shall not issue a certificate
of occupancy for an adult entertainment cabaret and shall revoke any
issued certificate of occupancy for an adult entertainment cabaret
if:
(2)
The person holding such certificate of occupancy or
any of his or her servants, agents or employees is in violation of
any of or fails to comply with the provisions of this article or the
laws and regulations of the State of New York and the Village of Pleasantville
or if the person holding such certificate of occupancy is convicted
of any crime or offense involving moral turpitude or if any of his
or her servants, agents or employees is convicted of any crime or
offense involving moral turpitude committed on the premises on which
the adult entertainment cabaret is conducted.
(3)
The report of the Chief of Police, based on police
reports filed in his or her office, shall show that within the prior
twenty-four-month period two or more of any of the following acts
or omissions have taken place at the adult entertainment cabaret:
(a)
Exceeding occupancy limits.
(b)
Locked exit doors when premises are occupied
by a person or persons.
(c)
Obstructed exits and/or aisles.
(d)
Inoperable or nonexistent exit signs.
(e)
No smoke detectors.
(f)
Disorderly premises (which shall mean fights
or assaults in the premises or riots or other disturbances of a similar
nature in or about the premises).
(4)
The report of the Chief of Police, based on police
reports filed in his or her office, shall show that within the prior
twenty-four-month period one or more of any of the following acts
or omissions have taken place at the adult entertainment cabaret:
(5)
The report of the Chief of Police, based on police
reports filed in his or her office, shall show that any of the following
have taken place in the last 36 months, arising out of the operation
or maintenance of the adult entertainment cabaret:
(a)
A fire resulting in death or serious physical
injury as defined in Penal Law § 10.00 in which one or more
New York State Fire Prevention and Building Code violations existed
on the premises at the time of the fire.[1]
(b)
Death or serious physical injury as defined
in Penal Law § 10.00 occurring on the premises or arising
out of an incident or incidents on the premises and which took place
in close proximity in time and place to the premises.
(c)
A riot as defined in Penal Law § 240.05
has taken place upon the premises or arising out of an incident on
the premises and which took place in close proximity in time and place
to the premises.
(6)
For an adult entertainment cabaret, the applicant
or anyone owning an interest in the adult entertainment cabaret has
within three years preceding the date of such application been convicted
of violating any laws or ordinances relating to the sale of intoxicating
liquor.
(7)
The premises do not comply with the requirements of
this article and all laws and regulations of the State of New York
and all ordinances and regulations of the Village of Pleasantville.
B.
Prior to the denial or revocation of any certificate of occupancy for an adult entertainment cabaret, the Building Inspector shall, upon at least three days' notice, cause to be mailed to the adult entertainment cabaret operator, at the address at which his or her adult entertainment cabaret is being conducted, notice stating the time and place of a hearing concerning the denial or revocation of the certificate of occupancy. The adult entertainment cabaret operator shall be given an opportunity to be heard and introduce the testimony of witnesses. If, after such hearing, the Building Inspector finds from a preponderance of the evidence that none of the foregoing facts in Subsection A herein have been established, he or she shall issue the certificate of occupancy or not revoke it; provided, however, that whenever any person to whom a certificate of occupancy has been granted or who has applied for a certificate of occupancy under the provisions of this article shall be convicted of violating any of the provisions thereof, such convictions shall be prima facie evidence of facts sufficient to warrant denial or revocation of the certificate of occupancy. If, after such hearing, the Building Inspector shall find that the foregoing facts in Subsection A herein have been established by the evidence, then the certificate of occupancy shall be denied or revoked. Upon the denial or revocation of a certificate of occupancy for the premises hereunder, it shall be unlawful to use or occupy any portion of said premises as an adult entertainment cabaret.
A.
No person owning, managing or operating or conducting
an adult entertainment cabaret shall allow or permit himself or herself
or any person employed by him or her in the capacity of an entertainer
or servant or otherwise to approach or accost any guest, to dance
with or have refreshments with such guest as aforesaid during the
hours of his or her employment, nor shall any person in the premises
of an adult entertainment cabaret approach any person who is an employee
of the owner or manager or operator in the capacity of an entertainer
or servant or otherwise during the hours of his or her employment
for the purpose of inducing any such person so employed to dance with
or have refreshments with such guest.
B.
It shall be unlawful for any adult entertainment cabaret
to have, permit or maintain any boxes or booths closed by any door,
screen, curtain or other device. It shall be unlawful for any adult
entertainment cabaret to have, permit or maintain any box or booth
with an entrance thereto in any side other than the side which faces
the center of the main room.
C.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any adult entertainment cabaret to employ as
an entertainer in such place any person who is not at least 18 years
of age or who has been convicted of any crime involving moral turpitude.
D.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any adult entertainment cabaret to refuse admission
to any peace officer or building or fire inspector charged with the
duty of enforcing this article. Said officers shall have free access
at all times to any adult entertainment cabarets.
E.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any adult entertainment cabaret or for any
employee of said place to harbor, admit, receive or permit to be or
remain in and about any such place any minor under the age of 18 years,
any prostitute, any drunken person or any person whose conduct tends
in any way to affect the peace and tranquillity of the neighborhood.
F.
It shall be unlawful for any minor under the age of
18 years, any prostitute, any drunken person or any person whose conduct
while present in said place affects the peace and tranquillity of
the neighborhood to be or remain in or about any adult entertainment
cabaret after being notified by the management or a peace officer
to leave the premises.
G.
It shall be unlawful for any person to make any misrepresentation
or false statement as to his or her own age or that of any person
for the purpose of obtaining admission to any adult entertainment
cabaret by such person as to whose age such statement is made.
H.
Noise.
(1)
It shall be unlawful for the owner, proprietor, manager
or person in charge of any adult entertainment cabaret 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 Pleasantville
or which otherwise violates the Noise Control Law of the Village of
Pleasantville.[1]
(2)
It shall be unlawful to operate an adult entertainment
cabaret unless the premises are soundproofed or provision is made
so that no amplification or excess noise is audible beyond the property
lines of the parcel upon which the adult entertainment cabaret is
situated.
I.
The certificate of occupancy issued hereunder shall
be kept posted at the main entrance of each adult entertainment cabaret.
J.
Hours of business.
(1)
Any adult entertainment cabaret serving alcoholic
beverages shall not be opened except during hours as may be permitted
by the State Liquor Authority and/or a local board of such authority.
(2)
Any adult entertainment cabaret not serving alcoholic
beverages shall not operate as a cabaret during the day between the
hours of 1:00 a.m. and 12:00 noon. If any adult entertainment cabaret
is found open between the prohibited hours, the person owning, managing,
operating or conducting the adult entertainment cabaret shall be held
responsible for a violation of the provisions of this article in relation
to such hours.
K.
Entrances and exits.
L.
Each adult entertainment cabaret shall maintain adequate
security during hours of operation to ensure the public peace and
order. The provisions of this section shall require each adult entertainment
cabaret to employ not less than one uniformed security guard per every
100 or fewer patrons on the premises. For any number of patrons over
100, each adult entertainment cabaret shall employ not less than two
uniformed security guards. All uniform security guards shall be employed
in accordance with the New York State Security Guard Act of 1992,
as may be amended from time to time.[2]
All parking for patrons or employees of any
adult entertainment use shall conform to the requirements of any applicable
provisions of the Municipal Code of the Village of Pleasantville.
The owner, proprietor, manager or person in charge of any adult entertainment
use shall be responsible for compliance with this section. Failure
to comply with this section shall constitute a violation of this section.
During the period that an adult entertainment
use is occupied by patrons or guests, it shall be illuminated by sufficient
natural or artificial light to permit safe ingress and egress to and
from the premises.
Before the issuance of a certificate of occupancy
for an adult entertainment use, the Building Inspector shall determine
the maximum number of patrons permitted upon the premises at one time,
as set forth in the New York State Uniform Fire Prevention and Building
Code in order to prevent overcrowding and the resultant hazards to
health and safety. Such maximum number so determined shall be stated
on said certificate of occupancy, and any premises containing a greater
number shall be in violation of this article.
All stockholders, officers, directors, agents,
employees and concessionaires of an adult entertainment use shall
at all times strictly and promptly conform to and comply with all
laws, provisions, rules, regulations and requirements of all federal,
state and municipal authorities and agencies having jurisdiction with
respect to the premises and the conduct and operation of the adult
entertainment use therein and thereat, now in force or hereafter adopted.
Any business or person currently operating an
adult entertainment use within the Village of Pleasantville that fails
to conform with the requirements of this article shall cease such
use in accordance with the following amortization schedule:
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Amount of Capital Investment as of the
Effective Date of this Article
|
Date Before Which Use Shall Terminate
|
|---|---|
|
$0 to $25,000
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December 1, 1995
|
|
$25,001 to $50,000
|
December 1, 1996
|
|
$50,001 to $75,000
|
December 1, 1997
|
|
$75,001 to $100,000
|
December 1, 1998
|
|
$100,001 or more
|
December 1, 1999
|
|
NOTES:
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1.
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The term "capital investment," as used above,
shall mean the initial outlay of money or other consideration by the
owner or operator of the use to establish the business as of the date
of the enactment of these regulations, exclusive of the fair market
value of the structure and land in which the use is located.
|
|
2.
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The owner of each such use shall specify the
amount of its capital investment upon registering with the Building
Inspector and shall provide such documentation as the Building Inspector
shall require to establish such amount.
|
Any person committing an offense against any
provision of this article shall be guilty of a misdemeanor punishable
by a fine not to exceed $1,000, imprisonment for not more than one
year, or both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
