[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook as Ch. 5, Art. III, of the 1967 Code of Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Outdoor entertainment — See Ch.
115.
Peace and good order — See Ch.
175.
Sunday activities — See Ch.
216.
No person shall exhibit for money any moving picture or motion-picture
show, exhibition or performance or theatrical exhibition or performance
in the village or maintain and charge admission to any roller-skating
rink, ice-skating rink or public dance hall or maintain in the village
any cabaret, nightclub, roadhouse or any other place where entertainment
is furnished regularly without having first obtained a license therefor
from the Mayor as herein provided.
Every person applying for a license to the Mayor of the village for any of the purposes set forth in §
228-1 shall produce satisfactory evidence of character and that he is a citizen of the United States and is upwards of 21 years of age, except in the case of a corporation.
A. Generally. Every application for a license herein shall be made upon
a blank furnished by the Village Clerk and verified and shall contain
the name of the applicant, his place of residence, a statement that
he is a citizen of the United States of America, his age, occupation
and any other facts which may be required and shall be filed with
the Village Clerk.
B. Corporations or associations. Every application for a license by
a corporation or association shall contain the names and addresses
of the principal officers thereof and the principal place of business
of such corporation or association.
No license hereunder shall be issued until the provisions of
this chapter have been complied with and the payment of the fee provided
for herein shall have been made to the Village Clerk.
A. No license hereunder shall be issued by the Mayor in any case in
which, in the judgment of said Mayor, the conduct of the establishment
shall be likely to destroy the peace, quiet and order of the Village
or that any performance or entertainment to be given in said premises
is or is likely to be immoral or improper.
B. Such licenses shall be uniform and may, in the discretion of the
Mayor, contain provisions and conditions which, in his judgment, may
be essential for the welfare and benefit of the people of the Village,
including provisions and conditions respecting the hours of opening
and closing thereof.
[Amended 12-2-2002 by L.L. No. 6-2002.]
The annual license fee for each motion-picture theater, performance
theater, exhibition hall, roller-skating or ice-skating rink, dance
hall, cabaret, nightclub or other place where entertainment is regularly
provided shall be in such amount as set by resolution of the Board
of Trustees.
A. Authorized. When an applicant for a license to conduct a cabaret
or theater has not engaged in the business or occupation until after
the expiration of more than six months of the current license year,
the license fee for the remaining period of the current license year
shall be 1/2 the yearly fee, and said fee shall be paid for the remaining
six months or fraction thereof during which the business has been,
or will be, conducted.
B. Scope. The foregoing provision for proration of fee shall apply to the fees prescribed in §
228-6 for theaters and cabarets.
Licenses issued hereunder shall be signed by the Mayor and countersigned
by the Village Clerk. They shall be issued from a bound book and shall
be consecutively numbered, and the amount paid and the date thereof
shall be shown thereon. Each of said licenses in said book shall have
a stub attached thereto upon which the substance of said license shall
be entered.
All licenses issued hereunder shall be issued as of April 1
of each year and shall expire on March 31 next succeeding the date
of issuance thereof.
A person operating any of the enterprises set forth in §
228-1 shall exhibit his license upon the request of a police officer or other officer of the village.
Upon surrender or cancellation of a license hereunder, the fact
of such surrender or cancellation shall be entered upon the stub thereof
in the license book by the Village Clerk.
Any license provided for by this chapter may be revoked and
annulled by the Mayor upon proof of a violation of any provision of
this chapter. The proof shall be taken before the Mayor upon notice
of not less than two days to show cause why such license should not
be revoked. He shall hear the proofs and allegations of the case and
determine same summarily, and no appeal shall be taken from his determination.
On an examination pursuant to notice to show cause, as aforesaid,
the licensee may be a witness in his own behalf. Any person whose
license shall have been revoked or annulled shall not thereafter be
entitled to a license under the provisions of this chapter.
Pursuant to the provisions of § 15 of the General
Business Law of the State of New York, the exhibit of motion pictures
shall be permitted on Sunday after 2:00 p.m.
No child under the age of 16 years unaccompanied by a parent,
guardian or other adult person shall be admitted to any theater in
the village unless such theater is licensed pursuant to and in compliance
with, the provisions of this chapter.
The Village Clerk shall issue to any owner, operator or management
or any theater where motion pictures are exhibited a license to admit
to such theater children over the age of eight years and under the
age of 16 years unaccompanied by a parent, guardian or other adult
person, upon application, in writing, on forms to be furnished by
said Clerk.
The annual fee for a license hereunder shall be $10 same to include the licensing of a matron or supervisor as provided in §
228-22B.
All licenses issued hereunder shall be issued as of April 1
of each year and shall expire on March 31 next succeeding the date
of issuance thereof.
A license issued under the provisions of this chapter shall
be exhibited by the holder thereof upon the request of a police officer
or other officer of the village.
In addition to any other penalties for violation of this chapter,
the Village Board, after hearing held on due notice to the licensee,
upon proof of willful violations of the provisions of this chapter,
may suspend or revoke any license granted hereunder.
No child unaccompanied by an adult shall be permitted in any
balcony or box, nor shall such children be admitted to a licensed
theater during the time school classes within the village are in session
or after the hour of 6:00 p.m.
Each owner, operator or management licensed under the provisions
of this chapter shall set aside a separate section of seats on the
main or orchestra floor to be used exclusively by children unaccompanied
by adults. Such section shall be clearly marked or designated. During
the time this section is reserved for said children, adults shall
not be permitted to use such section. The size of such section may
be varied at any time. However, a seat in such section shall be provided
for each unaccompanied child.
A. Required. Each owner, operator or management of a licensed theater
shall provide at least one matron or supervisor who shall give undivided
attention to said supervision during the time such children shall
be in such theater.
B. Licensing. The matron or supervisor shall be licensed by the Village Clerk. The license fee provided for in §
228-16 shall include the license provided for in this section.
C. Identification. The matron or supervisor shall, while on duty, conspicuously
wear a badge or other proper identification furnished by the Village
Clerk.