[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 5-3-1973 by L.L. No. 2-1973. Amendments noted where
applicable.]
It is hereby declared the policy of the Town
of Wawayanda, State of New York, that in order to preserve public
peace and good order and to safeguard the health, safety, welfare
and morals within the incorporated area of the Town of Wawayanda,
it is necessary to regulate and control the operations and conduct
of cabarets, dance halls, bars or lounges, discotheques or the like
and places of public assembly so as to fix certain responsibilities
and duties of the persons owning, operating or controlling such establishments.
As used in this chapter, the following terms
shall have the meanings indicated:
Any place of public assembly in which the business of, directly
or indirectly, selling and/or serving alcoholic beverages to the public
is conducted and in which any musical entertainment, singing, dancing
in a designated area or other form of amusement is also permitted,
and shall include such a room, place or space which provides incidental
musical entertainment by mechanical devices, with or without dancing.
Any place of public assembly in which the business of, directly
or indirectly, selling or serving food, drink or alcoholic beverages
to the public is conducted and in which any musical entertainment,
singing, dancing in a designated area or other form of amusement is
also permitted, and shall include such a room, place or space which
provides incidental musical entertainment by mechanical devices, with
or without dancing.
Any place of public assembly in which dancing is carried
on and to which the public may gain admittance, either with or without
the payment of a fee.
Any place of public assembly in which the business of, directly
or indirectly, selling and/or serving food, drinks and/or alcoholic
beverages to the public is conducted, in which dancing is carried
on by any musical entertainment and to which the public may gain admission,
either with or without the payment of a fee.
An individual, partnership, club, association, corporation,
society or any other organized group of persons, and shall include
the officers, directors, stockholders and trustees of a club, corporation,
association or society.
Any room, place or space which is occupied or arranged to
be occupied for recreational, amusement, social, sports or similar
purposes or any building, shed or enclosure, whether indoor or outdoor,
coming within the occupancy and other similar classifications of this
section, as determined by the officer charged with the enforcement
of this section. For the purpose of interpretation, the term "public
assembly," where used in this chapter, shall include the term "public
assembly" or "assembly" as may be used in other codes, laws, ordinances,
rules or regulations as may be applicable in the Town of Wawayanda.
The incorporated area in the Town of Wawayanda, in the County
of Orange and State of New York.
It shall be unlawful for any person conducting,
maintaining or operating a cabaret, dance hall, bar and/or lounge
or discotheque establishment within the Town of Wawayanda to suffer
or permit any waitress, barmaid, entertainer or other person who comes
in contact with or appears before or is likely to come in contact
with or appear before patrons of the licensed establishment to appear
in the presence of such patrons with breasts or the lower part of
the torso uncovered or so thinly covered or draped as to appear uncovered
or to suffer or permit any person to appear in any scene, sketch,
act or entertainment with breasts or the lower part of the torso uncovered
or so thinly covered as to appear uncovered.
[Amended 4-8-1993 by L.L. No. 2-1993]
Any person who shall violate any provision of
this chapter shall be guilty of an offense punishable by a fine not
exceeding $250 or imprisonment for a period not to exceed 15 days,
or both. Each day's continued violation shall constitute a separate
violation.
