Town of Somers, NY Chapter 90 Entertainment, Places of

[HISTORY: Adopted by the Town Board of the Town of Somers 8-31-1960. Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 64.

Fees — See Ch. 95.

§ 90-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ENTERTAINMENT

Any show or performance.

PERSON

Any person, firm, corporation or organization, except those corporations or organizations referred to below.

PLACE FOR DANCING OR ENTERTAINMENT

Any hall, restaurant, clubhouse or other place where dancing or entertainment is permitted, other than private homes and any premises owned, leased or hired by a recognized nonprofit and duly constituted religious, charitable, school, civic, taxpayers, community, veterans, veterans auxiliary, firemen's or firemen's auxiliary corporation or organization for the duration of said actual use of said premises by one or more of said corporations or organizations for its or their own benefit.

§ 90-2 License required; application and fee.

A. No person shall conduct or operate any place for dancing as herein defined, unless and until he shall first have duly obtained a license therefor and said license shall currently be in full force and effect, all as herein provided.

B. Such license shall be issued by the Town Clerk upon receipt of a fee in an amount set by resolution of the Town Board,[1] together with a written application, under oath, setting forth such information as the Town Board may require.

[Amended 10-17-1991 by L.L. No. 7-1991]

[1] Editor's Note: The current fee is set forth in the fee schedule, which is on file in the office of the Town Clerk.

C. No premises shall be licensed unless it has a suitable and safe means of ingress and egress in case of panic or fire.

D. The license shall be displayed at all times in a prominent place on the licensed premises.

E. The provisions of § 137 of the Town Law are deemed incorporated into and made a part of this chapter.

§ 90-3 Regulations and conditions.

A. Any place for dancing or entertainment shall not be open for such purpose after 3:00 a.m.

B. The dancing and entertainment shall be, at all times, supervised personally by the licensee or by the person or persons named in the license.

C. Neither the licensee nor his agents, employees or representatives, nor the owner or lessee of the premises licensed, shall have a criminal record.

D. No person under 18 years of age shall be admitted to the aforesaid premises unless accompanied by his or her parent or parents.

E. No vulgar or obscene language or conduct shall be permitted on or about said premises.

F. The provisions of the Alcoholic Beverage Control Law and the rules and regulations of any board or official having jurisdiction thereunder shall, at all times, be complied with.

G. Prohibited noise levels.

[Added 8-11-2011 by L.L. No. 4-2011]

(1) It shall be unlawful for the licensee, owner, proprietor, manager, or person in charge of any place of entertainment to permit on the premises any entertainment amplified by a mechanical device of such an intensity, character and duration as to disturb the peace, tranquility and good order of the people of the Town of Somers or which otherwise violates Chapter 123, Noise, of the Town of Somers.

(2) It shall be unlawful to operate a place of entertainment unless the premises is soundproofed or provision is made so that no amplification or excessive noise is audible beyond the property lines of the parcel upon which the place of entertainment is situated.

§ 90-4 Suspension or revocation of license.

A violation of any of the provisions of § 90-3 shall be cause for suspension or revocation of said license, as may be determined by the Town Board. In either event, no part of the license fee shall be refunded.

§ 90-5 Penalties for offenses.

A. The provisions of § 135, Subdivision 1, of the Town Law, as amended from time to time, are deemed incorporated into and made a part of this chapter.

B. Each day's violation of this chapter shall constitute a separate and distinct violation and shall be punishable by a fine not exceeding $250 or by imprisonment for not to exceed 15 days, or both such fine and imprisonment.

[Amended 8-9-1984 by L.L. No. 3-1984]

C. In addition to any other penalty or remedy provided for by law, the Town of Somers shall be entitled to recover a civil penalty against any person violating this chapter in the sum of $50 for each day's violation.

D. Any person who shall be in any way connected or associated, directly or indirectly, with the conduct or operation of the place for dancing or entertainment, including agents, employees or representatives of the person conducting or operating such place or the owner or lessee thereof, shall be subject to the provisions of this chapter.