[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 10-20-1971 (Part II, Ch. 12, of the 1964 Code). Amendments noted where
applicable.]
This chapter shall be known as the "Licensing
of Places of Public Assembly Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
Any person (owner of lease), corporation, client or organization
applying for a license under this chapter, including all offices or
corporations, clubs or organizations.
Any property or parcel of land used for or intended to be
used for the maintaining of operation of amusement rides of all types,
sideshows and games of skill.
A room or place used for the playing of pool or billiards
and in which a limited number of pool tables are installed.
A building in which a limited number of bowling alleys are
installed and in which the sport of bowling takes place and which
usually includes the sale and maintenance of bowling equipment and
a refreshment counter with the sales of food and beverages.
The Building Inspector appointed pursuant to Chapter 68 of the Code of the Town of Poughkeepsie. The Building Inspector shall administer and enforce the provisions of this chapter.
[Amended 11-9-1994; 1-14-2009 by L.L. No. 1-2009]
A group of amusement rides, accompanied with booths for games
of skill, sideshows and refreshment stands.
A traveling tent show in which performances given in a large
tent or tents. A "circus" includes accessory amusement shows, rides
and refreshment stands. Circus performances are usually limited to
two in one day and normally have one-day stands.
A self-service or quick service food stand that caters to
automobile trade and where food is consumed by the persons in cars
in the parking area or provides a take-out service for off-premises
consumption of food and beverages.
An operating permit issued by the Building Inspector in accordance
with this chapter.
[Amended 1-14-2009 by L.L. No. 1-2009]
Any room, place or space (indoor or outdoor) which is occupied
or arranged to be occupied for recreational, amusement, social, sports,
religious, patriotic, civic, travel and similar purposes and shall
include assembly halls, museums, auditoriums, instruction rooms, dance
halls or studios, cabarets, nightclubs, cafes, restaurants, any room
or space used for private banquets, socials, card parties, bingo or
weddings, lodge or meeting halls or rooms, rinks, gymnasiums, public
swimming pools, billiard rooms, bowling alleys, archery ranges and
halls used for public or private catering purposes, funeral parlors,
private and parochial schools, recreation rooms, concert halls, broadcasting
studios, theaters, stations, air terminals or surface and marine public
transportation facilities or any other building, shed or enclosure,
indoor or outdoor area, coming within the occupancy and other similar
classification of this section as determined by the officer or officers
charged with the enforcement of this chapter.
Any room or place, including indoor or outdoor space, in
which the business of serving food or drink to the public is conducted.
The term "restaurant" shall be deemed to include all like or similar
places of business, including bars, taverns, cabarets, clubs, discotheques,
cafes, diners, lunchrooms, grills, nightclubs and catering establishments.
A.
The Building Inspector, in accordance with this chapter,
shall have the following functions, powers and duties in addition
to those provided in other laws, ordinances, rules or regulations.
(1)
To issue or refuse to issue any license or permit
provided for by this chapter.
(2)
To revoke, cancel or suspend, for cause, any license
or permit issued under this chapter.
(3)
To inspect or provide for the inspection of any place
of public assembly at any reasonable time and report results of the
inspection to the owner or lessee, officers or trustees of the club
or organization or persons responsible for public assembly property.
Portions of said inspections may be delegated to the Arlington, New
Hamburg or Fairview Fire District authorized inspector, Town Police,
Plumbing and an authorized Electrical Inspector.
(4)
To prescribe printed forms of application for licenses
or permits, to set fees with approval of the Town Board and to require
that maximum occupancy notices be posted in two places of each place
of assembly as directed and such other necessary forms and reports
which he or she may deem necessary in order to properly administer
and enforce this chapter.
(5)
To hold legal hearings, to subpoena witnesses, to
compel their attendance, to administer oaths, to examine any person
under oath and, in connection therewith, to require them to produce
any books, records or papers relative to said appeal and review.
(6)
To adopt such reasonable rules and regulations as
he or she may deem necessary for the proper control, operation and
supervision of places of public assembly.
[Amended 11-9-1994]
B.
Applicants and licensees may request a review of the
Building Inspector's decisions by the Town Board. Said request shall
set forth, in writing, the reason for the appeal. The Town Board may
grant or deny relief, either in a written statement or by holding
a hearing for the applicant.
[Amended 11-9-1994; 3-27-1996 by L.L. No. 4-1996; 1-14-2009 by L.L. No. 1-2009]
A.
No
place of mass public assembly shall be operated or occupied until
a license has been issued pursuant to this chapter.
B.
Required
signs.
(1)
Signs required by the New York State Uniform Fire Prevention and
Building Code and the Town of Poughkeepsie Building Department shall
not be removed, altered, defaced or destroyed except for replacement
purposes or when conditions for which the signs were intended are
no longer applicable.
(2)
Required signs removed, altered, defaced or destroyed without written
permission from the appropriate authority shall constitute a violation
and may be punishable by imposing a fine not to exceed $250 and/or
15 days' imprisonment. Each day of violation may be considered
a separate offense.
(3)
The maximum number of occupants permitted within assembly spaces
shall be established by the Code Enforcement Official and shall be
conspicuously posted in each space and shall not be exceeded.
(4)
It shall be the responsibility of the manager or person in charge
to assure that the occupant load does not exceed the number established
by the Code Enforcement Official and should be issued a summons if
not in compliance.
(5)
If an assembly area is not posted, the area shall be limited to a
maximum occupancy of 49 or fewer.
C.
A
license shall be issued for a place of mass public assembly only after:
(1)
The premises have been inspected and all inspectors (Fire, Plumbing,
Electrical, Building) have approved, in writing, the place of mass
public assembly as to its complying with all laws, codes and ordinances
which may be applicable thereto.
(2)
Said premises to be licensed are a safe place for mass public assembly
and it meets requirements for maximum occupancy, for fire protection,
electrical and plumbing and the number of persons per usable floor
space or outdoor property area permitted as per determination by the
Building, Fire and Police Inspectors.
D.
The Building Inspector shall receive notice from the Zoning Administrator and Director of Municipal Development that premises meet requirements of Chapter 210, Zoning.
E.
An
application for a license shall be in writing on a form provided by
or otherwise acceptable to the Building Inspector. Such application
shall include such information as the Building Inspector deems sufficient
to permit a determination by the Building Inspector that quantities,
materials, and activities conform to the requirements of the Uniform
Fire Prevention and Building Code. If the Building Inspector determines
that tests or reports are necessary to verify conformance, such tests
or reports shall be performed or provided by such person or persons
as may be designated by or otherwise acceptable to the Building Inspector,
at the expense of the applicant. The application form shall list:
(1)
The names of all persons with their legal addresses that have interest
in the business that required the use of a place of mass public assembly.
(2)
The square footage of usable space to be used for mass public assembly
and space available for kitchen, bar, stage, storage, dressing rooms,
closets, seats and standee areas.
(3)
The number of toilets available for both patrons and employees.
(4)
The number of legal exits, number of tables, chairs and stoves.
(5)
Information regarding automatic sprinklers, fire detectors and fire
extinguishers.
(6)
Type of entertainment and if music (live recorded) and dancing are
planned for the business.
(7)
A plot plan of the outdoor area, if applicable, showing entrance
and exits, parking areas, aisle and internal roads, other off-street
parking available and water and sewer facilities; a floor plan of
the building showing the above requirements to be submitted as part
of the application; such other pertinent information which the Building
Inspector may require in order to make a proper judgment in issuing
the license.
F.
Should the owners or operators plan or allow changes in the conditions
under which they were granted a license, they must apply for a permit
to make said changes. Within a five-day period, the inspector will
accept or reject the application for the change. Failure to file,
if willful and deliberate may be cause for suspension or revocation
of the license. The inspector may waive the requirements of the supplemental
application, in his or her discretion, should conditions warrant.
[Amended 1-14-2009 by L.L. No. 1-2009]
Licenses shall be issued annually, and a license
shall be effective for one year from the date it was issued. Renewal
applications will be made available 30 days prior to the expiration
date of the current license. The effective period of each license
shall be specified on the license. All existing places of mass public
assembly in the Town of Poughkeepsie may operate on a temporary license
(without fee) not longer than six months until all inspectors (Fire,
Police, Plumbing, Building and Electrical) have reviewed the property
and cleared the same for licensing, at which time a one-year license
will be issued if the property meets the requirements.
A.
All buildings occupied or used in whole or in part
for public assembly purposes shall meet all applicable portions of
Part 790 of the New York State Uniform Fire Prevention and Building
Code.
[Amended 11-9-1994]
B.
The Building Inspector may be in agreement with the
commissioners and officers of the Arlington, New Hamburg and Fairview
Departments, arrange for a regular inspection schedule and have a
similar schedule of inspections by a Police Inspector of all places
of public assembly in the Town of Poughkeepsie.
[Amended 11-9-1994]
The Building Inspector, using appropriate regulations
and tables contained in the New York State Uniform Fire Prevention
and Building Code adopted in this chapter as a base maximum limit
for occupancy, shall determine the maximum number of persons to occupy
any premises or area at one time and shall post in a conspicuous place
or places on an interior wall the maximum occupancy, including employees,
in bold, readable numerals with a warning of penalty for allowing
more than the maximum number of people to occupy such premises or
area. It shall be unlawful to remove, deface or alter such license
and posting notices.
[Amended 11-9-1994; 3-27-1996 by L.L.
No. 4-1996]
Fees for approved licenses issued hereunder shall be payable annually and shall be based on the number of persons each place is designed to accommodate as certified by the Building Inspector or his or her designee and shall be determined pursuant to Chapter 105, Fees.
If the Building Inspector shall disapprove an
application for a license under this chapter, he or she or his or
her agent shall endorse upon such application his or her disapproval
thereof and shall attach thereto a statement of his or her reasons
therefor. The Building Inspector shall notify the applicant of such
action by regular mail.
[Amended 9-4-1973]
The Town Board, after a hearing, upon notice,
at which the licensee shall be given an opportunity to be heard, may
suspend or revoke any license issued, in its discretion, for any of
the following causes:
A.
A person licensed hereunder making any false material
statement in the application for licenses.
B.
A person licensed hereunder suffering or permitting
any gambling, sale or use of prohibited drugs or permitting such premises
to become disorderly.
C.
Violation of this chapter, including the permitting
of occupancy over the posted maximum number.
D.
If the
Building Inspector determines that any activity or building for which
a license was issued does not comply with any applicable provision
of the Uniform Fire Prevention and Building Code.
[Added 1-14-2009 by L.L. No. 1-2009]
E.
Repeated complaints to or by the Police Department
that a place of public assembly is a public nuisance or disturbs the
peace in any of the following ways:
(1)
Lights on any part of premises licensed hereunder
or on any place of public assembly that are so directed as to be a
nuisance to adjacent properties (lights to be redirected or shielded).
(2)
Improper storage of garbage, failure to keep receptacles
covered, failure to have garbage and rubbish removed at least two
times weekly, failure to keep the area and cans in a sanitary condition
or disturbing of neighbors by having garbage removed before 6:30 a.m.
or after 6:30 p.m.
(3)
Permitting noxious gases, fumes, smoke or odors to
emanate from premises which would annoy and disturb persons living
on adjacent properties.
(4)
Permitting music to be played in a place of public
assembly, 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 whereon the place of assembly is
located. At no time shall music be played, live or mechanical, in
a manner that disturbs the peace of an owner of adjacent property
or the public.
[Amended 1-14-2009 by L.L. No. 1-2009]
(5)
Permitting loud, unnecessary or unusual noises that
would disturb the peace of an owner of adjacent property or the public.
[Amended 3-27-1996 by L.L. No. 4-1996; 6-3-2009 by L.L. No. 22-2009]
A.
Any person
who shall violate any provision of this chapter or any of the rules
and regulations adopted by the Building Inspector pursuant to this
chapter shall be guilty of an offense punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed 15 days, or both.
Each day of continued violation will constitute a separate violation.
B.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board.
