The Village of Roslyn, New York, has determined that certain regulations in the field of public entertainment are needed and are necessary in order to promote the general good, health and welfare of its citizens, including the children of the community.
A. 
The Board of Trustees of the Village of Roslyn, in accordance with this article, shall have the following functions, powers and duties, in addition to those provided under any other law, rule or regulation:
(1) 
To approve the issuance of or to refuse the issuance of any license or permit provided for in this article;
(2) 
To revoke or suspend for sufficient cause any license or permit issued under this article;
(3) 
To inspect or provide for the inspection of any place of public assembly at any reasonable time;
(4) 
To prescribe forms of applications for licenses or permits under this article and of all reports which it deems necessary to be made by any licensee, permittee or applicant; and
(5) 
To adopt by resolution such other reasonable rules and regulations as it may deem necessary for:
(a) 
The proper control, operation, and subdivision of places of public assembly; and
(b) 
The manner, procedure and notice of hearings before the Board of Trustees of the Village of Roslyn.
B. 
The powers provided in Subsection A(3) and (4) of this section may be delegated by the Board of Trustees of the Village of Roslyn to any officer or employee of the Village designated by it.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person applying for a license under this article.
BAR and/or LOUNGE
Any place of public assembly in which the business of directly or indirectly selling and/or serving drink and/or food is conducted and in which there is no dancing in a designated area or music, whether live or mechanical, in a designated area.
CABARET
Any room, place, or space in the Village of Roslyn in which any entertainment is permitted in connection with restaurant or public assembly use which consists of the selling, dispensing or serving of food or beverages of any class or description.
DISCOTHEQUE
Any place of public assembly in which the business of directly or indirectly selling and/or serving food or beverages to the public is conducted and in which dancing is carried on by any musical entertainment and to which the public may gain admission either with or without payment of a fee, but shall not include a business or premises conducted strictly as a bar or lounge as the same is defined herein.
ENTERTAINMENT
A. 
Every form of live entertainment, including live music, disc jockeys, dancing, karaoke and singing, burlesque show, fashion show, pantomime, comedy show, play, circus, carnival, rodeo or exhibition of horsemanship and animal show, participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons, and shall include (without limiting the generality of the foregoing) any of such forms of live entertainment when used in connection with or as a means to attract or hold the attention of such guests or patrons for the purpose of advertisement, demonstration or display of goods, wares, merchandise or services.
B. 
"Entertainment" shall also include television or any video recording where a charge of any kind is made for viewing.
INCIDENTAL MUSICAL ENTERTAINMENT
Music which is either live or provided by mechanical devices and kept at such volume that all persons at the premises are able to speak in a modulated voice and be heard by others with whom they are conversing over the background music.
PUBLIC DANCE HALL
Any room, place, or space in the Village of Roslyn in which dancing is carried on and to which the public may gain admission, either with or without the payment of a fee, except premises owned, occupied or used by a religious, governmental or educational corporation or institution.
PUBLIC DANCE OR BALL
Any dance or ball of any nature or description to which the public may gain admission.
A. 
No person shall conduct, maintain, or operate or engage in the business of conducting, maintaining or operating in the Village of Roslyn a cabaret or public dance hall, or shall provide or permit any entertainment in a coffee shop, restaurant, bar, cocktail lounge, tavern, or other places or establishments where food, beverages or other refreshments are sold, dispensed or served and which are open to the public or in any other premises located in the Village of Roslyn unless such person, firm or corporation shall first obtain and maintain in effect at all times when such business in conducted, maintained or operated or when such entertainment is provided a license to do so from the Village of Roslyn, as hereinafter provided.
B. 
No person shall provide or permit any entertainment in any building, place or premises for which a charge is directly or indirectly made by way of any admission charge or membership fee or otherwise unless such person, firm or corporation shall first obtain and maintain in effect and display at all items an entertainment license from the Village of Roslyn, as hereinafter provided.
C. 
No application for an entertainment license pursuant to this article shall be considered unless there is presented therewith a certification of approval by the Nassau County Department of Health, where such certificate is required by such Department.
A fee shall be paid to the Village of Roslyn upon the filing of each application for a license pursuant to this article in an amount set from time to time by resolution of Board of Trustees.
Any license pursuant to this article shall be authorized by resolution of the Board of Trustees and signed by the Superintendent of Buildings and issued to such person, firm, or corporation as they shall deem fit and proper upon an evaluation of the qualifications of the applicant and upon compliance by the applicant with the provisions of this article and all other applicable laws.
The Board of Trustees may deny a license or renewal of a license to an establishment on any of the following grounds:
A. 
If any inspection discloses that such premises is inadequate, unsafe, improperly or inadequately equipped or screened from public view or of such nature as to be detrimental to the health, safely, or welfare of patrons thereof or of the public at large.
B. 
The entertainment is prohibited by any local or state law, statute, rule or regulation or is prohibited in the particular location at which the entertainment is proposed.
C. 
The applicant has falsified or failed to provide information and evidence of material and substantial import in the application for a license, its renewal or amendment thereof.
D. 
An inspection of the premises reveals that any applicable laws, codes, rules and regulations pertaining to structural, fire, and safely requirements have not been met.
E. 
If any license issued under this article has been suspended or revoked during the preceding one-year period.
Any license granted pursuant to this article shall be at all times displayed in a conspicuous location at the place of business for which it was issued.
No entertainment shall be permitted, including dancing, in premises issued a license pursuant to this article between the hours of 4:00 a.m. and 12:00 p.m., Monday through Sunday, unless otherwise restricted or determined by the Board of Trustees.
If the licensee changes substantially the format and type of entertainment as was described in the application, the licensee shall, within a period of 30 days, notify the Board of Trustees of such change in writing.
Each licensee shall immediately surrender his license to the Building Inspector upon its suspension or revocation by the Board of Trustees.
Issuance of a license under this article shall create no presumption that the licensee or the licensed premises is in compliance with this article or any local law, rule or regulation enforceable by any governmental authority as may be applicable to said licensee or licensed premises.