The Town Board hereby finds that cabarets within the Town of Warwick
create unique impacts in regard to municipal services, traffic patterns and
fire and safety conditions and upon the residents of the surrounding areas.
The purpose of this chapter is to minimize the adverse impacts of such cabarets
and yet permit their existence, thus providing for the economic and social
welfare, health, peace and morals of the people of the Town of Warwick. The
provisions of this chapter shall be liberally construed for the accomplishment
of that purpose.
As used in this chapter, the following terms shall have the meanings
indicated:
CABARET
Any room, place or space in the Town where, for gain or profit, live
or mechanically reproduced music is provided in connection with dancing, or
where, for gain or profit, any musician, group of musicians, floor show or
similar live entertainment is provided. A full-service restaurant providing
full-course meals with waiter and waitress service and which has, as part
of the occupancy and services offered, background music for the benefit of
patrons seated at tables and wherein dancing is prohibited shall not constitute
a "cabaret" for the purposes of this chapter; provided, however, that such
full-service restaurant shall notify the Town Clerk before it expects to offer
such services to its patrons. This term shall include establishments known
as "dance halls" and "discotheques."
CONNECTION WITH CRIMINAL ELEMENTS
That state of affairs wherein an applicant or an officer of, principal
stockholder of, person having a substantial interest in or management responsibility
for a corporation or other organization wherein such organization is the applicant,
directly or as a parent, subsidiary or affiliate, has such association, acquaintance
or business association with parties having been convicted of a felony or
crime involving moral turpitude or who are otherwise involved in unlawful
activities, whether convicted or not, to the extent that the fencing of stolen
merchandise or illegally obtained funds, the procuring of prostitutes, the
transfer or sale of narcotics or illegal substances is made more feasible
or likely or the protection of those of tender years from such unwholesome
influences is rendered more difficult. A determination by the United States
Department of Justice that a person is engaged in or affiliated with a nationwide
crime organization shall be prima facie evidence, so far as the issuance of
a license hereunder is concerned, that such person has connections with criminal
elements.
EMPLOYEE
A person employed in any capacity or title in connection with a cabaret,
including the licensee and any and all persons responsible for the control
or management thereof.
PERSON
Includes natural persons of either sex, corporations, partnerships,
associations, joint-stock companies, societies and other legal entities of
any kind capable of being sued, whether acting by themselves or by servant,
agent or employee. The singular number shall include the plural.
It shall be unlawful for any person to conduct, maintain or operate
a cabaret unless the room, place or space wherein the same is conducted, maintained
or operated is licensed in the manner prescribed herein.
Every person licensed in accordance with the provisions of this chapter
shall immediately post such license and keep the same posted while in force
in a conspicuous place on the premises mentioned in the application for such
license.
Whenever a new license is required because of a change in the name of
a currently licensed cabaret or whenever a license is lost or destroyed without
fault on the part of the holder or his agent or employee, a duplicate license
in lieu thereof may be issued upon notarized written request and the payment
of a fee of $25.
Premises licensed hereunder shall not exercise cabaret privileges between
the hours of 4:00 a.m. and 8:00 a.m.; provided, however, that in the event
that Town officials receive complaints that the operation of a cabaret after
2:00 a.m. causes annoyance, disturbance, results in noise or other inconvenience
and, upon investigation, such officials determine that such complaints are
justified, the cabaret shall no longer be permitted to operate to 4:00 a.m.,
but said operation shall cease at 2:00 a.m.
Any police officer and the Building Inspector shall be permitted to
inspect such licensed premises during business hours to ensure that the provisions
of this chapter are being complied with by the licensee.