The purpose of this chapter is to establish licensing requirements
and operational regulations for catering and events establishments,
to protect the health, safety and welfare of the community and to
provide demarcation between establishments that are leased or hired
out for private events and establishments where events are open to
the general public.
For the purposes of this chapter, the following words shall
have the following meanings:
CATERING AND EVENTS ESTABLISHMENT
Any nonresidential room, place or space in the Village where
food and beverages are available for consumption, that is regularly
leased or hired out for a particular function, occasion or event to
which the general public is not invited or admitted and wherein music
or entertainment is provided.
EMPLOYEE
Any person who performs any service on the premises of a
catering and events establishment on a full-time, part-time or contract
basis, regardless of whether the person is denominated an employee,
independent contractor, agent or otherwise. "Employee" does not include
a person exclusively on the premises for repair or maintenance of
the premises or for the delivery of goods to the premises. "Employee"
does include any security guard employed by a catering and events
establishment or whose services are performed on the premises of a
catering and events establishment.
HEARING OFFICER
An attorney, not employed by the Village other than as a
hearing officer, who is licensed to practice law in the State of New
York and is retained to serve as an independent tribunal to conduct
hearings under this chapter.
INFLUENTIAL INTEREST
A.
The actual power to operate the catering and events establishment
or control the operation, management or policies of the catering and
events establishment or legal entity which operates the catering and
events establishment;
B.
Ownership of a financial interest of 30% or more of the catering
and events establishment or of any class of voting securities of the
catering and events establishment; or
C.
Holding an office (e.g., president, vice president, secretary,
treasurer, managing member, managing director, etc.) in a legal entity
which operates the catering and events establishment.
LICENSEE
A person in whose name a license to operate a catering and
events establishment has been issued, as well as the individual or
individuals listed as an applicant on the application for a catering
and events establishment license.
MANAGER
A person on the premises of the catering and events establishment
who is authorized to exercise, or who in fact exercises, control of
the business premises. A person may be a manager regardless of whether
that person is an owner of the business or a licensee under this chapter.
PUBLIC RIGHT-OF-WAY
A public highway, road, street, avenue, alley, driveway,
path, sidewalk, roadway or any other public place or public way.
RECEIVING PROPERTY
Real property, including but not limited to buildings, grounds,
offices and dwelling units, from which sound levels from sound sources
outside such property may be measured. For the purposes of this definition,
individual offices or dwelling units within a building may constitute
a receiving property.
REGULARLY
The consistent and repeated doing of an act on an ongoing
basis.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses, for which less than five years
have elapsed since the date of conviction of a felony or the date
of release from confinement for the conviction of a felony, whichever
is the later date, or for which less than two years have elapsed since
the date of conviction of a misdemeanor or the date of release from
confinement for the conviction of a misdemeanor, whichever is the
later date:
A.
An offense within §§ 120.00 through and including
120.12 of the Penal Law relating to assault;
B.
An offense within Article 200 of the Penal Law relating to bribery
involving public servants;
C.
An offense within Article 210 of the Penal Law relating to perjury;
D.
An offense within Article 220 of the Penal Law relating to controlled
substances;
E.
An offense within Article 221 of the Penal Law relating to marihuana;
F.
An offense within Article 225 of the Penal Law relating to gambling;
G.
An offense within Article 230 of the Penal Law relating to prostitution;
H.
An offense within Article 245 of the Penal Law relating to offenses
against public sensibilities;
I.
An offense within §§ 260.20 and 260.21 of the
Penal Law relating to unlawfully dealing with a child;
J.
An offense within Article 460 of the Penal Law relating to enterprise
corruption;
K.
An offense within Article 470 of the Penal Law relating to money
laundering;
L.
Any other crime committed in violation of the laws of any other
jurisdiction which if committed in this state would constitute one
of the foregoing offenses;
M.
Any offense which is a misdemeanor or felony involving the catering
and events establishment premises.
Each catering and events establishment license issued under
this chapter shall be posted and prominently displayed at the main
entrance of the catering and events establishment.
A licensee shall provide a manager or other responsible party
on the premises throughout the entire time that the catering and events
establishment is occupied by any event attendee.
No license issued under the provisions of this chapter 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.
Catering and events establishments and their employees shall
permit employees of the Village to inspect, from time to time on an
occasional basis, the portions of the catering and events establishment
where event attendees are permitted, for the purpose of ensuring compliance
with the specific regulations of this chapter, during those times
when the catering and events establishment is occupied by employees
or event attendees. This section shall be narrowly construed by the
Village to authorize reasonable inspections of the licensed premises
pursuant to this chapter.
If, during the term of the licensing period, one or more persons with an influential interest in the licensed catering and events establishment is substituted or added, such substituted or added person with an influential interest shall, within 10 days of such substitution or addition, file with the Village Clerk an application for an approval of the change of licensees on such forms as are prescribed by the Village Clerk. Within 10 days of such a submission, the Village Clerk shall approve the application, in writing, if the application meets the standards set forth in §
155-4. If the application does not meet the standards set forth in §
155-4, the Village Clerk shall, within 10 days of the submission, issue a written notice of intent to deny the license and shall follow the procedures set forth in §
155-14.
The Village Clerk may issue a written notice of intent to suspend
a catering and events establishment license for a period not to exceed
30 days if the licensee has knowingly violated this chapter or has
knowingly allowed an employee or any other person to violate this
chapter.
This chapter does not impose strict liability. Unless a culpable
mental state is otherwise specified herein, a showing of a knowing
or reckless mental state is necessary to establish a violation of
a provision of this chapter. Notwithstanding anything to the contrary,
for the purposes of this chapter, an act by an employee that constitutes
grounds for suspension or revocation shall be imputed to the catering
and events establishment licensee for purposes of finding a violation
of this chapter, or for purposes of license denial, suspension or
revocation, only if an officer, director or general partner, or a
person who managed, supervised or controlled the operation of the
business premises, knowingly or recklessly allowed such act to occur
on the premises. It shall be a defense to liability that the person
to whom liability is imputed was powerless to prevent the act.
All preexisting establishments operating as catering and events
establishments, as that term is defined in this chapter, that are
lawfully operating in the Village in compliance with all state and
local laws prior to the effective date of this chapter, are hereby
granted a de facto temporary license to continue operation for a period
of 90 days following the effective date of this chapter. By the end
of said 90 days, all catering and events establishments must conform
to and abide by the requirements of this chapter.
This chapter, and each section and provision of said chapter
hereunder, are hereby declared to be independent divisions and subdivisions
and, notwithstanding any other evidence of legislative intent, it
is hereby declared to be the controlling legislative intent that if
any provisions of said chapter, or the application thereof to any
person or circumstance, are held to be invalid, the remaining sections
or provisions and the application of such sections and provisions
to any person or circumstances other than those to which it is held
invalid shall not be affected thereby, and it is hereby declared that
such sections and provisions would have been passed independently
of such section or provision so known to be invalid. Should any procedural
aspect of this chapter be invalidated, such invalidation shall not
affect the enforceability of the substantive aspects of this chapter.
Any provision(s) in the Village Code, including the provisions of Chapter
206, Licensed Occupations, specifically in conflict with any provision in this chapter is hereby deemed inoperative as to catering and events establishment licenses.