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.