[HISTORY: Adopted by the Town Board of the Town of Lewisboro 4-2-1990 by L.L. No. 3-1990. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 78.
It is hereby declared to be the policy of the Town of Lewisboro, New York, that in order to preserve public peace and good order and to safeguard the health, safety and welfare within the unincorporated area of the Town of Lewisboro, it is necessary to regulate and control the licensing, operation and conduct of cabarets so as to fix certain responsibilities and duties upon persons owning, operating or controlling such establishments.
As used in this chapter, the following terms shall have the meanings indicated:
- A business enterprise or establishment which provides or permits any musical entertainment, by mechanical, electric or electronic device, band, orchestra, musical instrument or otherwise; singing; or dancing, in connection with the service of food or beverages for gain or profit.
- A person, persons, firm, partnership, corporation or association.
It shall be unlawful for any person to conduct, operate or maintain within the Town of Lewisboro a cabaret without a license for that purpose first being secured from the Town Board as hereinafter provided.
Application for such license shall be made in writing on forms provided by the Town Clerk and shall designate the location of such cabaret, the name of the owner and the operator of the premises, the approximate number of square feet in the room or rooms to be used for cabaret purposes and the name and address of the applicant. If the applicant is a club, organization, partnership, corporation or other business entity, the application shall contain the names and addresses of the officers thereof. Such application shall be accompanied by the license fee hereinafter required.
Said application shall be signed and duly verified by the applicant before an officer authorized to administer oaths. No such application shall be granted to conduct such cabaret on premises which do not conform to the requirements of this chapter and all laws and regulations of the State of New York, County of Westchester, and all laws and regulations of the Town of Lewisboro.
Upon receiving an application for a license, as required by the preceding section, the Town Clerk shall immediately submit the application to the following: the Town of Lewisboro Police Department, Building Inspector and Fire Inspector. The application shall not be considered for approval by the Town Board until and unless a favorable report, in writing, from each of the named officials or departments shall have been received. In connection therewith, the Town of Lewisboro Police Department shall satisfy itself as to the character and fitness of the applicant and the public safety hazards involved; the Fire Inspector, as to any existing violations or any potential fire hazards; the Building Inspector as to the safety of the structure in which the cabaret is to be conducted and as to compliance with state, county and local building, sanitary and health laws. No office to which the application is submitted for a report and recommendations shall delay action thereon more than 30 days from the time it received the same.
If the Town Board is satisfied from its investigations and the reports of the above-named officials or department that the applicant for such license is of good character, that the premises sought to be licensed are of such a nature as to be safely used for the purpose of conducting a cabaret therein and that the conduct and operation of said cabaret will not unreasonably disturb or annoy the owners and occupants of the premises in the vicinity thereof, said Town Board shall direct the Town Clerk to issue to such applicant a license for such cabaret upon payment by the applicant to the Town of the fee hereinafter provided.
The premises which receive a license pursuant to this chapter shall not permit any musical entertainment, by mechanical, electric or electronic device, band, orchestra, musical instrument or otherwise, singing; or dancing between the hours of 12:00 midnight and 12:00 noon. The Town Board may modify such hours, taking into consideration such factors as location of the premises, proximity to residential uses, distances to property lines and the general character of the area.
The Town Board may, in granting any license hereunder, provide for and impose such other conditions and regulations as to the conduct of said cabaret as it may deem proper for the safety, health and welfare of the patrons thereof and of the residents of the Town of Lewisboro, including but not limited to requirements for off-street parking and the lighting of the same and uniformed security guards.
Any license granted pursuant to this chapter shall not be transferable and shall be and remain in full force for the term of one year from the date of issuance, unless sooner revoked as hereinafter provided. At the expiration of said year, the license may be renewed for further periods of one year or more upon the payment of the license fee hereunder and the filing and approval, by the Town Board, of a new application in accordance with the procedure set forth herein at least 30 days and not more than 60 days prior to expiration.
The annual license fee under this chapter shall be as follows: $150 per establishment.
No license shall be required for the conduct of dances or musical entertainment or singing sponsored by and under the direct supervision of churches, service clubs, veterans' associations, volunteer fire departments or ambulance corps and schools.
A license issued under this chapter shall be subject to suspension or revocation by the Town Board for any disorderly or immoral conduct permitted or suffered on the premises under the control of the licensee, for the violation of any of the provisions of this chapter or for the violation of any condition to which the license is subject. Such suspension or revocation shall be effective only after a public hearing. Such hearing shall be held after a written notice of the same is sent to the licensee at least five days before such hearing. The notice may be sent by mail, directed to the last known address of said licensee.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a fine not less than $250 for the first offense nor more than $1,000 for each subsequent offense, 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.