Village of Yorkville, NY
Oneida County
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[HISTORY: Adopted by the Board of Trustees of the Village of Yorkville 5-18-1973 by L.L. No. 1-1973. Amendments noted where applicable.]
It is hereby declared the policy of the Village of Yorkville, 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 Village of Yorkville, it is necessary to regulate and control the operation and conduct of places of public assembly conducted as cabarets, bars or lounges, dance halls, discotheques or the like so as to fix certain responsibilities and duties of persons owning, operating or controlling such establishments.
As used in this chapter, the following terms shall have the meanings indicated:
BAR AND/OR LOUNGE
Any place of public assembly in which the business of directly or indirectly selling and/or serving drink 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.
CABARET
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.
DANCE HALL
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.
DISCOTHEQUE AND THE LIKE
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.
PERSON
An individual, partnership, club, association, corporation, society or any other organized group of persons, and shall include officers, directors, stockholders and trustees of a club, corporation, association or society.
PLACE OF PUBLIC ASSEMBLY
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 purposes 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 Village of Yorkville.
VILLAGE OF YORKVILLE
The incorporated area in the Village of Yorkville, in the County of Oneida, State of New York.
It shall be unlawful for any person conducting, maintaining or operating a cabaret, bar and/or lounge, dance hall or discotheque establishment or any other place of public assembly within the Village of Yorkville 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 with breasts uncovered in such a manner that the portion of the breast below the top of the areola is not covered with a fully opaque covering or the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered or to appear in any scene, sketch, act or entertainment with breasts or the lower part of the torso uncovered or so thinly draped as to appear uncovered. Reference to breasts in this section refers to females only. Reference to the lower part of the torso refers to both males and females.
[Amended 3-2-1993 by L.L. No. 1-1993]
Any person who shall violate any provision of this chapter shall be punishable as provided in § 1-14 of Chapter 1, General Provisions. Each day's continued violation shall constitute a separate violation.