[HISTORY: Adopted by the Town Board of the Town of Warwick 10-7-1970 by L.L. No. 4-1970 (Ch. 164 of the 1973 Municipal Code). Amendments noted where applicable.]
It is hereby declared the policy of the Town of Warwick, State of New York, that in order to preserve public peace and good order and to safeguard the health, safety, welfare and morals within the area of the Town of Warwick, it is necessary to regulate and control the operations and conduct of places of public assembly conducted as cabarets, bars or lounges, dance halls, discotheques or the like so as to fix certain responsibilities and duties of persons owning, operating or controlling such establishments and employed therein.
As used in this chapter, the following terms shall have the meanings indicated:
- BAR and/or LOUNGE
- Any place of public assembly in which the business of, directly or
indirectly, selling and/or serving drink to the public is conducted, with
or without incidental musical entertainment; provided, however, that dancing
and live entertainment of any kind are not permitted. A bar and/or lounge
will not constitute a cabaret as herein defined.[Amended 6-23-1988 by L.L. No. 1-1988]
- 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."[Amended 6-23-1988 by L.L. No. 1-1988]
- DANCE HALL
- Any place of public assembly in which dancing is carried on and to which the public may gain admittance either with or without the payment of a fee.
- DISCOTHEQUES (and the like)
- Any place of public assembly in which the business of, directly or indirectly, selling and/or serving food, drinks and/or alcoholic beverages to the public is conducted, in which dancing is carried on by any musical entertainment and to which the public may gain admission either with or without the payment of a fee.
- An individual, partnership, club, association, corporation, society or any other organized group of persons, and includes officers, directors, stockholders and trustees of a club, corporation, association or society.
- PLACE OF PUBLIC ASSEMBLY
- Any room, place or space which is occupied or arranged to be occupied for recreational, amusement, social, sports or similar purposes; or any building, shed or enclosure, whether indoor or outdoor, coming within the occupancy and other similar classifications of this chapter as determined by the officer charged with the enforcement of this chapter. For the purposes of interpretation, the term "public assembly" where used in this chapter shall include the term "public assembly" or "assembly" as may be used in other codes, laws, ordinances, rules or regulations as may be applicable in the Town of Warwick.
Exposure by individuals. It shall be unlawful for a female to expose that portion of her breast below the top of the areola or to appear before or come in contact with patrons with the portion of her breast below the top of the areola not covered with a fully opaque covering, or for any person, male or female, to show the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered, or to appear in any scene, sketch, act or entertainment with breasts (in case of a female) or the lower part of the torso uncovered or so thinly draped as to appear uncovered.
Promoting exposure. It shall be unlawful for any person conducting, maintaining or operating a cabaret, bar and/or lounge, dance hall or discotheque establishment or any other place of public assembly within the Town of Warwick to suffer or permit any waitress, barmaid, entertainer or other person who comes in contact with or appears before or is likely to come in contact with or appear before patrons 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 the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered or 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. Reference to breasts in this section refers to females only. Reference to the lower part of the torso refers to both male and female.
Any person who shall violate any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, and each day's continued violation shall constitute a separate violation.