10-5-1981 by L.L. No. 6-1981]
The following definitions are applicable to this Part 2:
Any place to which the general public has right to resort; not necessarily
a place devoted solely to the use of public, but a place which is, in point
of fact, public rather than private, a place accessible to the public to gather
or pass to and from.
A public show in which human actors, dancers or other performers,
employees or other persons appear before spectators or customers. A bona fide
drawing, painting, photography, sculpture or other art class utilizing human
models and admitting only participating instructors, students and models shall
not be deemed at "live public show."
Any entertainment or exhibition advertised or in any other fashion
held out to be accessible to the public, whether or not an admission or other
charge is levied or collected; the entertainment or exhibition shall be deemed
a "public show," although access to it is only granted to members of a club
or other association, when membership in such organization is obtained upon
payment of an admission price or contribution or token dues or other smaller
fee and the organization in fact exists primarily for sponsoring or arranging
admissions to such performances.
It shall be unlawful for any person, corporation, partnership or other
entity conducting, maintaining or operating a cabaret, bar and/or lounge,
dance hall or discotheque establishment or any other place of public assembly
within the Incorporated Village of Massapequa Park to suffer or permit any
entertainer, waitress, barmaid or other person to appear before
customers or patrons of the establishment, or for any person to appear in
the presence of such patrons or customers, with breasts uncovered in such
a manner that the portion of the breast below the top of the areola is not
covered with a fully opaque covering or with the lower part of the torso uncovered
or so thinly covered or draped as to appear uncovered, or to show the human
male or female genitals, pubic area or buttocks with less than a fully opaque
covering or to appear or suffer or permit any person to appear in any scene,
sketch, act or entertainment with breasts or the lower part of the torso uncovered
or so thinly draped as to appear uncovered.
A.Â
Violations of any part of this Part 2 may be deemed by
the Village Administrator or Village Licensing Officer as sufficient cause
to determine such person, corporation, partnership or other entity unfit to
own, keep, lease, manage or control such place or that the peace, order, morality
and propriety of the village has been disturbed or breached, and any appropriate
legal action taken by the village, such as the suspension or revocation of
any license of such person by the village, shall be proper.
