[HISTORY: Adopted by the Board of Trustees of the Village of Highland Falls 8-10-1971 by L.L. No. 5-1971 as Ch. 68 of the 1971 Code. Amendments noted where applicable.]
As used in this chapter, unless the context otherwise indicates, the following terms shall have the meanings respectively ascribed to them:
- Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
- LIVE OR MUSICAL ENTERTAINMENT
- The act of entertaining a public or private audience directly
at the time of production or the act of providing musical entertainment,
whether by live entertainment, recording, DJing or other forms of
musical entertainment.[Amended 3-17-2014 by L.L. No. 1-2014]
- Includes the word "license."
- PERSON, FIRM, CORPORATION OR ASSOCIATION
- Includes any person, firm, corporation or association which
operates a jukebox; any person, firm, corporation or association in
whose place of business any jukebox is placed for use and/or any live
or musical entertainment is offered; and any person, firm, corporation
or association having control over jukebox or over live or musical
entertainment.[Amended 3-17-2014 by L.L. No. 1-2014]
Any person displaying for public patronage or keeping for operation any jukebox, as herein defined by § 126-1, shall be required to obtain a permit from the Village upon payment of a fee.
Any person providing live entertainment, for the purpose of entertaining an audience, shall be required to obtain a permit from the Village upon payment of a fee.
Application for such permit shall be made to the Village Clerk.
Contents. The application for a permit provided for in § 126-2 shall contain the following information:
Name and address of the applicant and the applicant's age, date and place of birth.
Prior conviction of the applicant, if any.
The place where the machine or device is to be displayed or operated and the business conducted at that place.
Description of the machine to be covered by the permit.
Age of applicant. No permit shall be issued to any applicant unless he shall be over 21 years of age and a citizen of the United States.
Investigation. Application for a permit hereunder shall be made out in duplicate with one copy being referred to the Chief of Police, who shall cause an investigation to be made of the location wherein it is proposed to operate such machine, or to allow entertainment, to ascertain if the applicant is a person of good moral character, and who shall either approve or disapprove the application.
Approval required. No permit shall be issued to any applicant unless the application is approved by the Chief of Police.
Every applicant, before being granted a permit hereunder, shall pay for the privilege of operating or maintaining for operation each jukebox, as defined in § 126-1 herein, an annual fee established by resolution of the Board of Trustees.
[Amended 6-16-1987 by L.L. No. 6-1987]
Each permit shall expire one year from the date of issuance.
Every applicant, before being granted a permit hereunder, shall pay for the privilege of providing live entertainment at a rate established by resolution of the Board of Trustees, payable on the first of January and the first of June of each year.
[Amended 6-16-1987 by L.L. No. 6-1987]
Display required. The permit or permits herein provided for shall be posted permanently and conspicuously at the location of the machine or live entertainment in the premises covered by such permit.
Transfer to another machine. Such permit may be transferred from one machine to another similar machine, provided that the Village Clerk is furnished a description of the new machine within 10 days of the transfer. Not more than one machine shall be operated under one permit, and the applicant shall be required to secure a permit for each and every machine displayed or operated by him.
Transfer to new location. If the holder of the permit shall move his place of business to another location within the City, the permit may be transferred to such new location upon application to the Village Clerk, giving the street and number of the new location. The new location shall be approved by the Chief of Police in the same manner as provided for in § 126-4.
Transfer to new owner. A permit shall not be transferable from one person to another.
Every permit issued under this chapter is subject to the right, which is hereby expressly reserved, to revoke the same should the holder, directly or indirectly, permit the premises, any jukebox or any person or persons composing live entertainment to operate or be operated contrary to the provisions of this chapter, the ordinances of the Village or the laws of the State of New York.
Between the hours of 2:00 a.m. and 8:00 a.m. Monday through Saturday and between 2:00 a.m. and 12:00 noon on Sunday, the holder of a permit shall not allow a jukebox to play or live entertainment to perform and shall not allow at any time the emission of songs, music or similar amusement, whether from a jukebox or live entertainment, to extend beyond the premises controlled by the permit to the point of annoyance or disturbance of any person or persons. Said permit may be revoked by the Village Board after written notice to the holder, which notice shall specify the ordinance or law violations with which the holder is charged, if, after a hearing, the holder is found guilty of such violation. Ten days' notice of the hearing shall be given the holder of the permit. At such hearing, the holder and his attorney may present and submit evidence and witnesses in his defense.
This chapter shall not apply to jukeboxes while the same are used by bona fide organizations, institutions or religious groups organized under the Membership Corporation or Religious Corporation Laws of the State of New York or used under the supervision of the school authorities of the Town of Highlands Central School District.
[Amended 4-1-1998 by L.L. No. 1-1998; 3-17-2014 by L.L. No. 1-2014]
Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, said violation shall be punishable by a maximum fine of $1,000 or by a term of imprisonment of not more than 15 days, or both. Each day that a violation of or failure to comply with any provision of this enactment or any regulation promulgated hereunder by the Board of Trustees occurs shall constitute a separate and distinct violation.