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Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
Whenever used in this article, the following terms shall have the meanings respectively ascribed:
CABARET
A licensed place of public assembly within the village where any live entertainment is carried on, whether musical, singing or dancing, or other similar amusement is permitted in connection with the restaurant business or the business directly or indirectly of selling food or drink to the public.
[Amended 7-8-1974 by L.L. No. 6-1974]
CATERING ESTABLISHMENT
Any room, place or space in the village which is used, leased or hired out in the business of serving food or beverages for a particular function, occasion or event to which the public is not invited or admitted and where music or entertainment is permitted.
EMPLOYEE
A person employed in any capacity or title in connection with a cabaret or public dance hall, 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.
IDENTIFICATION CARD
A permit issued by the Board of Trustees to an employee of a cabaret or public dance hall as required by this article.
PUBLIC DANCE HALL
Any room, place or space in the village in which dancing is carried on and to which the public may gain admission, either with or without the payment of a fee.
PUBLIC DANCE OR BALL
Any dance or ball of any nature or description to which the public may gain admission.
It shall be unlawful for any person to conduct, maintain or operate or engage in the business of conducting, maintaining or operating a public dance hall, cabaret or catering establishment unless the premises wherein the same is conducted, maintained or operated are licensed in the manner prescribed herein.
A license shall be issued only after the Board of Trustees is satisfied that the applicant is a fit and proper person, shall have caused an inspection to be made of the premises to be licensed and is satisfied that such premises comply with all laws and the rules and regulations of the Zoning and Building Codes of the Nassau County Fire Commission, Nassau County Health Department and State Department of Labor, insofar as the same are applicable thereto, and is satisfied that the premises to be licensed are a safe and proper place to be used as a public dance hall, cabaret or catering establishment.
Application for the license herein prescribed shall be made on a form containing such information as may be determined by the Board of Trustees and shall be certified to by the applicant therefor.
The license herein prescribed shall be issued by the Board of Trustees.
A. 
Generally, the fee for each license prescribed herein shall be as provided in Chapter A350, Fees, for each year or fraction thereof.
[Amended 4-11-1983 by L.L. No. 3-1983[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Additional rooms. If additional rooms are to be used independently by the same applicant in the same premises as a public dance hall, cabaret or catering establishment, the applicant shall indicate on the license application the location of each and every room or space which is to be used for such purpose.
[Amended 8-22-1983 by L.L. No. 12-1983]
C. 
Processing fee. A partial fee as provided in Chapter A350, Fees, shall be paid upon the filing of an application for a license in order to defray the cost of processing the application and shall not be refundable. This processing fee shall be applied against the fee to be paid for the issuance of said license as provided herein.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All licenses hereunder shall expire on May 31, unless sooner suspended or revoked.
No license issued under this article shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used on any location other than the location stated in such license.
If during the term of the licensing period one or more directors, stockholders or officers of a corporate licensee are substituted or added, such substituted or added directors, stockholders or officers shall, within five days of such substitution or addition, file with the Board of Trustees an application for an approval of the change of directors, stockholders or officers on such forms as are prescribed by the Board of Trustees. A waiver of this provision may be granted at the discretion of the Board of Trustees to any corporation with regard to stockholders holding less than 10% of the issued stock.
A license may be suspended or revoked by the Board of Trustees for any violation of law or upon the ground that disorderly, obscene or immoral conduct is permitted on the licensed premises or for any other good cause, including a violation of any of the provisions of this article or any rules or regulations promulgated under the authority hereof.
A. 
A membership corporation, club, association or society which permits musical entertainment, singing, dancing or other form of amusement in premises wherein food or drink is directly or indirectly sold to its members or their guests, or to the public shall be deemed to be conducting a cabaret hereunder.
B. 
This article shall not apply to premises owned, occupied and used exclusively by a religious, charitable, eleemosynary, educational or nonprofit corporation or institution; provided, however, that such corporations or institutions shall nevertheless register with the village.
C. 
Premises occupied and used as a teen canteen or teen club as such term is commonly defined, shall be subject to all of the terms and provisions of this article, insofar as the same are applicable.
Premises licensed hereunder shall not be kept open for business, nor shall the public be permitted to enter or to remain therein, between 2:00 a.m. and 7:00 a.m.; and if the occupant is a membership corporation, club, association or society, its members or their guests shall not be permitted to enter or to remain therein between such hours. The Board of Trustees, in its discretion, may permit any premises licensed hereunder to be open to the public between such hours on special occasions. If it appears to the Board of Trustees that the place for which a license is sought will be frequented by minors or if there is in the opinion of the Board of Trustees, any other good and sufficient reason therefor, it may grant a license upon the condition that the licensed premises shall not be open for business between 12:00 midnight and 7:00 a.m.
The Board of Trustees shall adopt such reasonable rules and regulations as it may deem necessary for the proper control, operation and supervision of public dance halls, cabarets and catering establishments.