[HISTORY: Adopted by the Town Board of the Town of East Hampton 7-19-2007 by L.L. No. 26-2007. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 117, Dance Halls, adopted 12-2-1977 as Ch. 67 of the 1977 Code.
No person shall have, maintain or conduct as owner, tenant, licensee or employee of any restaurant or bar/tavern where any type of music is played indoors or outdoors in the Town of East Hampton outside of an incorporated village without having first applied for and received a music entertainment permit issued by the Town of East Hampton. Said permit shall be issued by the Town Clerk on receipt of application and shall be valid unless or until suspended or revoked by the Town Board pursuant to § 117-60 herein.
Applicants for a permit under this chapter must file with the Town Clerk a sworn application in writing on a form to be furnished by the Town Clerk, which application shall give the following information:
Name, address, Suffolk County Tax Map number and telephone number of the establishment owner.
The particular business for which the permit is requested.
Whether the establishment or the owner(s) of the establishment have been convicted of any provision of Chapter 185 ("Noise") within the last 18 months.
Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter.
Any change in circumstances with regard to the information provided in the application or on the license shall be reported to the Town Clerk within 30 days.
There shall be no fee for the issuance of a music entertainment permit.
A music entertainment permit shall be valid for one year, and will be administratively renewed by the Town Clerk for additional permit years without application unless the permit is suspended or revoked to pursuant to § 117-60.
The permit year shall run from January 1 to December 31 of each calendar year.
The Town Clerk shall keep a record of all permits issued.
Upon approval of an application, the Town Clerk shall endorse on the application his approval and issue a music entertainment permit to the applicant. The permit shall contain the following information:
Any permit issued under the provisions of this chapter shall be the property of the Town of East Hampton and is subject to physical removal by the Town should said permit be suspended or revoked pursuant to § 117-60.
Every establishment issued a permit under this chapter shall post the permit conspicuously within the establishment.
No permit issued under the provisions of this chapter may be transferred or assigned from one owner to another owner or from one establishment to another establishment.
If the Town Clerk determines that any establishment has received three summonses for any violation of Chapter 185 ("Noise") of the Town Code in any permit year, the Town Clerk shall schedule a hearing at a regularly scheduled Town Board work session to determine whether or not to suspend, revoke, modify, or limit the music entertainment permit in any way. In lieu of modifying, limiting, suspending or revoking a music entertainment permit as provided above, the Town Board may require that a permit holder provide soundproofing or other measures to address noise concerns or set any other conditions that the Board may deem reasonable.
Such hearing shall be a public hearing, written notice having been served on the permit holder personally or by certified mail, return receipt requested, addressed to the place of business of the permit holder as set forth in the most recent permit application, at least 10 days prior to the hearing. For purposes of this chapter, any summonses issued to any owner, employee, representative or agents, whether paid or unpaid, of an establishment are deemed to have been issued to that establishment.
The permit holder will be notified of the determination of the Town Board, in writing, within 15 days of the hearing. Such determination will remain on file in the Office of the Town Clerk.
Should ownership of an establishment change after the issuance of three summonses but prior to a final determination of the Town Board with respect to those summonses, the new owner may only obtain a music entertainment permit after a Town Board hearing pursuant to Subsection B herein. Such hearing shall only be scheduled at the request of the new owner. Similarly, all modifications and limitations of a permit as set forth by the Town Board after a duly noticed public hearing as per this section shall be binding on subsequent owners. However, an owner may seek to remove any limitation or modification of a permit by requesting a Town Board hearing, which shall be subject to the provisions of Subsection B above.
It shall be a violation of this chapter to play or permit to be played any music in a bar/tavern or restaurant without a music entertainment permit.
It shall be a violation of this chapter to play or permit to be played any music in a bar/tavern or restaurant in violation of a permit that has been suspended pending judicial determination of summonses or in violation of the terms set forth by the Town Board after a hearing pursuant to § 117-60.
Any person found guilty of a violation of any of the provisions of this local law shall, upon conviction, be deemed guilty of an offense, which shall be punishable by a fine of not less than $1,000, nor more than $5,000, or by imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.
Should any section or provision of this local law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the local law as a whole or any part thereof other than that part so decided to be unconstitutional or invalid.