[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 4-12-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 132.
It shall be unlawful to permit dancing in any
public room or public place to which the public is admitted with or
without payment of admission, or to maintain a public room or place
where dancing is permitted and to which the public is invited or admitted
with or without payment of admission unless and until a license shall
have been issued by the Village Clerk of the Village of Haverstraw
upon application made therefor and upon approval by the Board of Trustees
of the Village of Haverstraw and upon payment of a fee therefor in
accordance with the schedule of fees hereinafter set forth.
Every application shall set forth the name and
address of the owner of the premises where dancing is to be permitted
and the name and address of each lessee of the premises if the applicant
is a lessee and not an owner of the premises. The application shall
set forth the stated times or regular recurring intervals when dancing
will be permitted, allowed or conducted and the period for which the
application is made. The application shall describe the premises for
which application for a license is being made, showing the overall
dimensions of the premises as well as the dimensions of the space
in which dancing will be permitted or conducted, the number and location
of entranceways and exits, the number and location of toilet facilities
for both sexes, whether or not food or beverages will be served, whether
such food or beverages will be free or part of the cost of admission
or whether additional charge therefor is to be made and whether alcoholic
beverages will be served or permitted to be consumed in the premises.
No application for a license under this chapter
shall be approved until after a public hearing is held by the Board
of Trustees of the Village of Haverstraw after notice published once
in the official newspaper of the Village of Haverstraw at least 10
days prior to the hearing. No license shall be approved unless it
shall be found that the premises comply with and conform with all
laws, chapters and regulations governing health and fire protection.
[Amended 7-14-2008 by L.L. No. 10-2008]
The Board of Trustees of the Village shall be
empowered to provide, by Village Board resolution, that the license,
if issued, shall restrict the number of occupants who may be in the
premises while such dance or dances are being conducted, shall restrict
the hours during which such dance or dances may be conducted and may
limit the age of those who are admitted to the dances conducted in
the licensed premises. Dancing shall not be permitted in any licensed
establishment after 2:00 a.m.
[Added 7-14-2008 by L.L. No. 10-2008[1]]
The act of paying for a person to dance with another person, or for another person, or for what is commonly referred to as "lap dancing" is prohibited. An establishment that permits or promotes such conduct shall be subject to the revocation of its dance hall license, as well as referral to the State Liquor Authority, if appropriate. Those individuals found to be engaged in such activities shall be subject to the revocation of their dance hall license as well as to the penalties set forth in renumbered § 120-11 below. Pending charges can be a basis to deny license renewal.
Any license issued under this chapter may be
revoked by the Board of Trustees of the village upon proof of the
violation of the conditions under which the license was issued. Any
person whose license shall have been revoked shall not thereafter
be entitled to a license under any provision of this chapter.
The provisions and requirements of this chapter
shall not be held to apply to any building, hall, room or rooms owned
by a charitable, religious or educational organization or to any dance
or dances conducted, the proceeds of which shall be applied to charitable,
religious or educational purposes. Whenever in this section the term
"charitable, religious or educational organization" is used, it shall
be deemed to include also a subordinate lodge or branch of a duly
constituted or incorporated fraternity, a war veterans' organization,
a volunteer firemen's organization or any auxiliary body of the foregoing.
The term for which an application for a license
or a renewal thereof may be made and for which the license shall be
valid, if granted, shall be for one month or more, but not exceeding
one year. The licensee may apply for a renewal of the license three
weeks before the expiration of any term. No public hearing shall be
required by the Board of Trustees on an application for renewal of
a license.
[Amended 8-11-1997 by L.L. No. 4-1997]
There shall be submitted a fee as set forth
in the village schedule of fees with each application for a license.[1] In the event that the application is denied, the sum submitted
with the application shall be returned to the applicant, except for
a sum which shall be retained by the Village of Haverstraw to cover
the expense involved in processing the application.
[Added 7-14-2008 by L.L. No. 10-2008]
The permitting and/or facilitation of illegal
sexual activities or the sale or use of illegal drugs and other controlled
substances, either in or off the licensed premises, shall be grounds
for suspension and/or revocation of the premises’ dance hall
permit.
[Amended 8-11-1997 by L.L. No. 4-1997; 7-14-2008 by L.L. No.
10-2008; 10-17-2022 by L.L. No. 3-2022]
Any violation of the provisions of this chapter
shall be punishable by a fine not to exceed the sum of $1,000; and
which charge, under this chapter, shall be a petty offense or infraction,
and not a crime. The continuation or repeat of a violation of, or
failure to comply with, any provision of this chapter shall constitute,
for each occurrence that transpires or each day on which the violation
continues, a separate and distinct charge hereunder. Additionally,
or alternatively, the Village of Haverstraw may enforce obedience
of this chapter by injunction, and the pursuit of any one remedy shall
not bar the invoking of any other remedy or penalty, all of which
shall be cumulative.
