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.
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 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.