[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.
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."
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]
A.
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.
B.
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.
C.
Application for such permit shall be made to the Village
Clerk.
A.
Contents. The application for a permit provided for in § 126-2 shall contain the following information:
(1)
Name and address of the applicant and the applicant's
age, date and place of birth.
(2)
Prior conviction of the applicant, if any.
(3)
The place where the machine or device is to be displayed
or operated and the business conducted at that place.
(4)
Description of the machine to be covered by the permit.
B.
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.
A.
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.
B.
Approval required. No permit shall be issued to any
applicant unless the application is approved by the Chief of Police.
A.
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]
B.
Each permit shall expire one year from the date of
issuance.
C.
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]
A.
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.
B.
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.
C.
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.
D.
Transfer to new owner. A permit shall not be transferable
from one person to another.
A.
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.
B.
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.
