This chapter is hereby adopted by the City of
Watervliet for the purposes of prescribing regulations governing live
musical entertainment in the City of Watervliet. The legislative intent
of such regulations is to provide support to applicable businesses
that own, manage or maintain any bar, restaurant, and tavern in the
City of Watervliet by providing for the creation of a permit system
to allow limited live musical entertainment in the above mentioned
business establishments. Many of these businesses are suffering financial
hardship due to the smoking ban law and competition from other bars
and restaurants that are allowed to have live music entertainment.
The goal is to allow for live musical entertainment in a fair and
beneficial manner without negative impacts on the welfare of the residents
of the City of Watervliet.
This chapter shall hereinafter be known and
cited as "Live Musical Entertainment."
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICABLE BUSINESSES
Any person, firm, association, organization, partnership,
company or corporation owning, managing or maintaining any bar, restaurant,
or tavern located in the City of Watervliet who is licensed to sell
alcohol pursuant to the laws of the State of New York.
APPLICABLE LAWS
The laws, rules, regulations, and codes of the State of New
York and the City of Watervliet.
AUTHORIZED OFFICIALS
The General Manager, City Clerk, Police Chief, Fire Chief,
and Building Inspector.
CITY CLERK
The City Clerk of the City of Watervliet.
CITY PERMIT
Written authority from the City Clerk of the City of Watervliet
authorizing live musical entertainment in the applicable businesses
in the City of Watervliet.
FIRE CHIEF
The Fire Chief of the City of Watervliet.
LIVE MUSICAL ENTERTAINMENT
Live bands; karaoke, with or without a DJ; piano sing-a-longs;
disc jockey playing tapes, records or CDs; records; tapes or CDs;
and news and radio broadcasts.
PERMIT SYSTEM
The manner by which applicable businesses can obtain a City
permit to obtain the authority to have live musical entertainment.
No person, firm, association, organization,
partnership, company or corporation owning, managing or maintaining
a restaurant, bar or tavern within the limits of the City of Watervliet
shall be allowed to have live musical entertainment without first
having procured a permit from the City Clerk of the City of Watervliet.
No person, firm, association, organization,
partnership, company or corporation owning, managing or maintaining
a restaurant, bar or tavern within the limits of the City of Watervliet
shall permit any room or building owned or controlled by him or her
to be used for the purpose of live musical entertainment unless the
same shall have obtained a permit as herein provided.
Permits are available to all businesses located
in residential, business, manufacturing, and industrial zones in the
City of Watervliet that are licensed to serve alcohol pursuant to
authority of the New York State Liquor Authority. Permits are not
available to private residences and are not required for private clubs.
No permit shall be issued to any person under the age of 21 years
nor to any person who has been convicted of a felony nor to any firm,
association, organization, partnership, company or corporation of
which any member has been so convicted of a felony nor to any person
who is not a citizen of the United States or who has not filed his
or her declaration to become a citizen thereof nor to any firm, association,
organization, partnership, company or corporation of which any member
is not a citizen of the United States or who has filed his or her
declaration of intention to become a citizen thereof nor to any person
who, having previously obtained a permit to have live musical entertainment,
shall have said permit or any subsequently issued permits revoked,
terminated or suspended during the year immediately preceding the
time of making an additional application as herein mentioned nor to
any firm, association, organization, partnership, company or corporation
any member of which, having obtained a permit to have live musical
entertainment, shall have had such permit revoked during the year
immediately preceding the time of making the application.
Any person, firm, association, organization, partnership, company or corporation who shall violate any provision of this chapter shall be guilty of a violation and shall be subject to a penalty as set forth in Chapter
1, General Provisions, Article
III, General Penalty. In addition, the permit to have live musical entertainment shall automatically be revoked upon entry of a plea or conviction of a violation of any provision of this chapter and such person, firm, association, organization, partnership, company or corporation will not be allowed to apply for and will not be allowed to obtain a permit for one year from a finding of guilt as set forth above.
The permit system for the City of Watervliet
shall be reviewed annually by the General Manager and a written report
of the overall process of such system shall be generated and produced
by the General Manager and provided to the City Council no later than
the first regular scheduled Council meeting in the month of December.
The City Council of the City of Watervliet has the authority to terminate
the permit system by appropriate legislative action.