[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 6-27-1983 by L.L. No. 3-1983.
Amendments noted where applicable.]
It is hereby declared to be the policy of the
Village that, in order to preserve public peace and good order and
to safeguard the health, safety, welfare and morals within the boundaries
of the Village, it is necessary to regulate and control the entertainment
offered in public places in order to fix certain responsibilities
and duties of persons owning, operating or controlling such places.
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and the peace
and quiet of the Incorporated Village of Roslyn Estates and its inhabitants.
For the purposes of this chapter, the following
terms, phrases and words shall have the following meanings:
A public show in which actors, singers, musicians, dancers
or other performers, employees or other persons appear in person before
spectators or customers. A bona fide drawing, painting, photography,
sculpture or other art class utilizing human models and admitting
only participating instructors, students and models shall not be deemed
a live public show, nor shall a public show of one day's duration
which is sponsored by a bona fide religious, charitable, civic or
patriotic organization.
Includes natural persons, firms, partnerships, associations,
corporations, companies, public agencies, public utility or organization
of any kind, or agent thereof.
Any building, room, place or space which is occupied or arranged
to be occupied for culinary, recreational, amusement, social, sports
or similar purposes or any place of any description to which the general
public has a right to resort; not necessarily a place devoted solely
to the uses of the public, but a place which is in point of fact public
rather than private, a place accessible to the public to gather or
pass to and from and in which any musical entertainment, singing,
dancing (whether or not within a designated area) or other form of
such amusement is also permitted but shall not include such a room,
place or space which provides incidental musical entertainment by
mechanical devices without dancing.
Any entertainment or exhibition advertised or in any other
fashion held out to be accessible to the public, whether or not an
admission or charge is levied or collected; an entertainment or exhibition
shall be deemed a public show although access to it is only granted
to members of a club or other organization, when membership in such
organization is obtained upon payment of an admission price or contribution
or token, dues or other small fee, and the organization in fact exists
primarily for sponsoring or arranging admissions to such performances.
Any entertainment or exhibition advertised or in any other fashion
held out to be accessible to the public which does not exceed two
consecutive days in duration and which is sponsored by a bona fide
religious, charitable, civic or patriotic organization shall not be
deemed a public show.
No person shall knowingly conduct, operate or
engage in or carry on any business, trade or occupation in a public
place which offers or presents public shows or live public shows at
which or as a result of which the peace, comfort or decency of a neighborhood
is disturbed. No person shall conduct, operate or engage in or carry
on any business, trade, or occupation in any public place within the
Village which offers or presents public shows or live public shows
without obtaining a license therefor as hereinafter provided.
Any person desiring to conduct, operate or engage
in or carry on any business, trade or occupation in a public place
in which a public show or live public show will be offered or presented
shall apply, in writing, to the Board of Trustees of the Village.
The application for a license shall state in detail the following
information:
A.
The particular business, trade, occupation, place
or thing for which a license is desired.
B.
The name, age and residence address of each applicant
and, if there be more than one and they be partners, the partnership
name and the age and residence address of each partner.
C.
If such applicant be a corporation, the name of the
corporation, the principal place of business of the corporation, the
names and residence addresses of its officers and the name and address
of the officer of such corporation upon whom legal process may be
served within the Village.
D.
The premises to be licensed, stating street and number,
if the premises have a street and number, and otherwise such description
as will reasonably indicate the location thereof within the Village.
E.
The name and address of the owner of the building
and/or premises wherein or whereon the licensed premises are located.
F.
Whether the applicant is a lessee and, if so, the
name and residence address of the lessor.
G.
The days in each week the applicant proposes to stay
open for business and the hours of each day which the applicant proposes
to keep such establishment open for business.
H.
Whether dancing is to be permitted on said premises
and, if so, upon what days and between what hours.
I.
The nature or type of public show or live public show
which the applicant proposes to offer or present, the days upon which
it will be offered and presented and the hours between which it will
be offered or presented.
J.
The application shall be accompanied by a deposit
to defray expenses in such sum as shall be established from time to
time by resolution of the Board of Trustees.
[Amended 6-1-2009 by L.L. No. 1-2009]
A.
The Board of Trustees shall fix a reasonable time
for the hearing of the application and give due notice thereof to
the applicant, and not less than 10 days prior to the hearing date,
publish such notice at least once in the official newspaper of the
Village and shall decide the application within 40 days after the
final hearing. Upon the hearing, any party may appear in person or
by agent or by attorney.
[Amended 11-1-1999 by L.L. No. 2-1999]
B.
Prior to the public hearing, the applicant shall file
with the Board of Trustees certification of notice of the application
to all property owners within 500 feet of the premises for which a
license is sought. Such notice shall show that such owners were notified,
in writing, by the applicant of the application by registered or certified
mail at least 10 days before the hearing.
C.
The Board of Trustees shall not issue the license
applied for unless it finds that the peace, comfort or decency of
a neighborhood is not disturbed by the public show or live public
show to be offered or presented by the applicant. In granting the
license, the Board of Trustees may impose such reasonable conditions
concerning the day or days upon which such public shows or live public
shows will be offered or presented, the hours during which they will
be offered or presented, the days upon which and hours between which
dancing may take place upon the premises, together with any other
reasonable conditions as it shall deem suitable in order to preserve
the peace, comfort or decency of a neighborhood.
A.
After a public hearing, the Board of Trustees may
issue a license to any person applying therefor in the form and manner
prescribed herein. The term of licenses issued hereunder shall be
for a period not to exceed one year, commencing with April 1 and terminating
at the end of the following March, except that an original license
shall be effective from the date that the license is granted to the
end of the month of March next following. Licenses may be issued for
a shorter period of time in the discretion of the Board of Trustees.
B.
Renewal applications shall be submitted to the Board
of Trustees at least 60 days prior to expiration of the license. After
a public hearing as hereinabove described, renewals of any license,
if granted by the Board of Trustees, shall be effective for the one-year
term above described.
If there be any change, after the granting of
a license hereunder, in any of the facts required to be set forth
in the application for a license, a supplemental statement giving
notice of such change, duly verified, shall be filed with the Board
of Trustees within 10 days after such change. Failure to do so shall,
if willful and deliberate, be cause for suspension or revocation of
the license.
A.
Fees for obtaining a license issued hereunder shall
be payable annually, and shall be based on the number of persons the
premises is designed to lawfully accommodate and as certified by the
Building Inspector.
B.
The table of annual fees for such license shall be as determined by the Board of Trustees in Chapter 60, Fees, Costs, Deposits and Insurance.
[Amended 11-1-1999 by L.L. No. 2-1999; 6-1-2009 by L.L. No. 1-2009]
C.
Where dancing is requested and permitted under such license, an annual fee as determined by the Board of Trustees in Chapter 60, Fees, Costs, Deposits and Insurance payable in advance, shall be paid in addition to the fee listed above.
[Amended 11-1-1999 by L.L. No. 2-1999; 6-1-2009 by L.L. No. 1-2009]
D.
The total fee to be paid shall be established from
time to time by resolution of the Board of Trustees. No fee, or any
part thereof, shall be returnable if a license is suspended or revoked.
[Amended 11-1-1999 by L.L. No. 2-1999; 6-1-2009 by L.L. No. 1-2009]
Every person holding a license under this chapter
and every public place licensed hereunder shall comply with the provisions
of this chapter, and violation of any of said provisions shall be
unlawful.
A.
No loud, unnecessary or unusual noise shall be permitted
to be made, continued or caused to be made or continued which either
annoys, disturbs, injures or endangers or tends to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
a neighborhood, nor shall persons be permitted to collect in crowds
on or about the premises to the annoyance or disturbance of the health,
peace or safety of a neighborhood.
[Amended 11-1-1999 by L.L. No. 2-1999]
B.
No music shall be played in any public place licensed
hereunder, either by mechanical device or live performance, in such
a manner that the sound emanating therefrom shall be audible beyond
the property line of the premises whereupon the public show or live
public show is being offered or presented. At no time shall music
be played either by mechanical device or live performance in a manner
which either annoys, disturbs, injures, endangers or tends to annoy,
disturb, injure or endanger the comfort, repose, health, peace or
safety of a neighborhood.
A.
The Mayor of the Village or the Building Inspector
is hereby authorized to suspend any license granted until the next
meeting of the Board of Trustees in the event that the public place,
the public show or live public show, or any of them, is being conducted
in a disorderly manner or constitutes a public nuisance which is dangerous
to the health and safety of Village residents.
B.
After a public hearing, upon notice, at which the
licensee shall be given an opportunity to be heard, the Board of Trustees
may revoke any license issued hereunder, in its discretion, for any
of the following reasons:
(1)
A person licensed hereunder making any false material
statement in the application for a license.
(2)
Violation of any provision of this chapter.
(3)
Failure to provide for the health, safety or welfare
of any persons frequenting the licensed premises.
(4)
Violation of any law, local law, rule or regulation
applicable to the licensed premises or enforceable by any governmental
authority.
C.
Upon a license hereunder being suspended or revoked,
it shall be unlawful to use or occupy any portion of said premises
for dancing or for offering or presenting a public show or live public
show.
A.
The filing of any documents, papers or things with
the Board of Trustees shall be deemed effective if deposited with
the Village Clerk at the Village Hall between normal business hours.
B.
Any notice to be given by the Board of Trustees shall
be deemed to have been duly given when served personally upon the
licensed person, or sent by registered or certified mail addressed
to his residence or, in the case of a corporate licensee, served personally
upon an officer of said corporate licensee, or sent by registered
or certified mail addressed to an officer thereof at his residence,
together with a copy of the notice by ordinary mail to the address
of the licensed premises, or served personally upon or sent by registered
or certified mail to the agent designated in the application for receipt
of service process.
No license issued hereunder shall be transferred
or assigned to any person or used by any person other than the licensee
to whom it was issued, nor shall such license be used on any location
other than the location stated in such license.
[Amended 11-1-1999 by L.L. No. 2-1999; 12-9-2013 by L.L. No. 7-2013]
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation, punishable
upon conviction by a fine of not more than $500 or imprisonment for
a period not to exceed 15 days, or both such fine and imprisonment.
