No person, firm or corporation shall, without
a license applied for and issued as hereinafter provided, conduct,
maintain or operate within the corporate limits of the Village of
Russell Gardens a place for the giving of exhibitions, performances
or entertainments, or for dancing, amusement or recreation, or for
instruction of any kind, including but not limited to any athletic
game or sport, to which the public may gain admission, either with
or without the payment of a fee.
Applications may be rejected and licenses refused
for the following causes:
A. Failure to comply with the requirements of this chapter.
B. Misrepresentation or materially false information
contained in the application.
C. Prior conviction of the applicant or any of its principals
for a crime involving moral turpitude.
D. Revocation or suspension of a prior license, similar
to that for which application is now made, by any other governmental
authority or unit.
E. Noncompliance with the laws, ordinances, rules or
regulations of the state, county, village or any governmental authority
or unit thereof having jurisdiction in the premises.
F. A recommendation of disapproval by any authority to whom the application is referred pursuant to §
5-3 above.
G. Nonconformity with applicable off-street parking rules
and regulations.
The Village Board, upon due and prior notice
in writing to any applicant or licensee, may reject, suspend or revoke
such application or license upon the specifically mentioned grounds
set forth in said notice, but only after a hearing before the Village
Board upon due and reasonable notice, at which hearing the licensee
or applicant may be represented by counsel. Minutes need not be taken
and transcribed for or at such hearing unless requested by the applicant
and/or licensee and unless payment is made by such applicant or licensee
of the reasonable estimated cost of such minutes, as determined by
the Board, before such hearing.
No licensed premises shall operate or function
between the hours of 1:00 a.m. and 8:00 a.m.
Nothing herein contained shall affect, limit
or curtail the right of any village resident in the Apartment District
or residential districts, as defined in the Village Zoning Ordinance,to utilize his own home for purposes permitted by law.
No license shall be required for such home purpose, nor shall a license
be required for the conduct of any activity which has as its objective
the solicitation of funds, gifts or contributions for legally organized
exempt charitable, religious or educational purposes, or for village
purposes, or for the solicitation and the recreation and/or enjoyment
of the membership of a village residential property owners' association
incorporated under the Not-For-Profit Corporation Law or similar law.
Any person committing an offense against any provision of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
III, Penalties.