[Ord. No. 186, 12-19-2001[1]]
The article shall be deemed an exercise of the police power
of the state and of the City for the protection of the economic and
social welfare, health, peace and morals of the people of the City
and all its provisions shall be liberally construed for the accomplishment
of that purpose.
[1]
Editor’s Note: This ordinance superseded former Art.
XI, adopted 8-7-1996 by Ord. No. 298, which pertained to cabarets
and nightclubs.
[Ord. No. 186, 12-19-2001]
Any business enterprise, whether or not for profit, which
provides or permits any musical entertainment, singing, dancing, comedy
shows or other forms of amusements. This definition includes all private
clubs, restaurants, bars and cafes unless exempt as defined herein.
[Ord. No. 186, 12-19-2001]
The following entities are exempt from this article:
(1)
Hotels having more than 50 sleeping rooms.
(2)
Restaurants, bars or cafes which provide incidental music without
dancing, either by mechanical, electrical devices or by a group of
not more than four persons playing non-amplified instruments;
(3)
Any business or organization applying for, and receiving a "special exemption permit" as provided in Section 2-14-302 of this article.
(4)
Any business or organization operating with a New York State
ABC license to sell alcoholic beverages for on-premise consumption,
and operating during the hours as established for the sale of alcoholic
beverages by the State Liquor Authority.
(5)
All municipal corporations, public benefit corporations, and
instrumentalities thereof.
[Ord. No. 186, 12-19-2001]
It shall be unlawful for any person to bring into or have in
his or her possession or partake of any intoxicating liquors in any
cabaret. This section shall not apply to cabarets/nightclubs where
intoxicating liquors may be lawfully sold under The provision of the
Alcoholic Beverage Control Law.
[Ord. No. 186, 12-19-2001]
It shall be unlawful for any cabaret/nightclub to have, permit
or maintain any boxes or booths closed by any door, screen, curtain
or other device. It shall also be unlawful for any cabaret/nightclub
to have, permit or maintain any box or booth with an entrance thereto
in any side other than the side which faces the center of the main
room.
[Ord. No. 186, 12-19-2001]
By making application for a cabaret/nightclub license as required
herein, the owner, proprietor, manager or person in charge of any
place licensed agrees and consents to admit any police officer, fire
marshal, code enforcement official, County Health Department official,
peace officer of the City or of the state or any officer of the United
States government charged with the duty of enforcing the penal laws
of the United States. Such officers shall have free access at all
times to any cabarets/nightclubs licensed under the provisions of
this chapter.
[Ord. No. 186, 12-19-2001]
The penalty for a violation of any of the provisions of this article shall be as provided in Section 2-1-7 of the City Code of Ordinances.
[Ord. No. 186, 12-19-2001]
No person shall conduct, manage or operate a cabaret/nightclub without a license or special exemption permit issued by the Chief of Police, except as provided in Section 2-14-291 herein.
[Ord. No. 186, 12-19-2001]
(a)
Any person desiring to procure a cabaret nightclub license shall
make application therefore to the City Clerk upon a form to be furnished
by him, which shall be substantially as follows:
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THE CITY OF UTICA
Office of the Chief of Police
Application for Cabaret/Nightclub License
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1.
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Name and address of applicant:
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2.
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State whether individual, partnership or corporation
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3.
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If partnership, state names and addresses of all persons having
an interest in the business
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4.
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If a corporation, state the names and addresses of its officers
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5.
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If a corporation, give the name of each stockholder, together
with the number of shares of capital stock held by each
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6.
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Proposed location of cabaret/nightclub
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7.
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Nature of entertainment or exhibition to be produced
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8.
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Has the applicant or anyone owning an interest in the proposed
cabaret/nightclub ever been convicted of violating any ordinance or
law relative to the sale of intoxicating liquor?
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9.
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You must have a Certificate of Occupancy for the premises upon
which the proposed cabaret/nightclub is to be conducted. Please provide
a copy of the certificate with this application.
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10.
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Said premises must comply with the requirements of the Zoning
Ordinance of the City of Utica. If you need a Variance or Special
Permit, please provide a copy same with this application.
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11.
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If you need a license from the Oneida County Health Department
you must provide a copy of the license with this application.
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* Any applications not complete at time of submission will not
be accepted.
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Dated: ______________
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STATE OF NEW YORK)
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ss:
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COUNTY OF ONEIDA)
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)
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__________ being duly sworn, deposes and says: I am the above
named applicant and make this affidavit for the purposes of obtaining
from the City of Utica a license to operate a cabaret/nightclub as
provided in an ordinances relating to and regulating cabarets/nightclubs,
providing for the licensing thereof, regulating the conduct of persons
therein, defining offenses and providing penalties for the violation
thereof; I have personal knowledge of the matters stated in the foregoing
application and the statements herein contained are true. By making
this application I hereby agree and consent to allowing police officers
or peace offices free access to the premises at all times.
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Sworn to before me this
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_____ day of __________, 20_____
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________________________________________
Notary Public/Commissioner of Deeds
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(b)
Bond. All applicants must post a $1,000 bond with the City Clerk
upon license approval. This bond may be forfeited for failure to pay
any fines or penalties due to violations of this article. If the bond
is reduced in any amount, it must be replenished in that same amount
and must always remain at $1,000.
(c)
Insurance. All applicants must provide proof of liability insurance
coverage in proper amounts.
[Ord. No. 186, 12-19-2001]
Persons and/or premises shall be ineligible for a license:
(1)
If the applicant or anyone owning an interest in the proposed
cabaret/nightclub has ever been convicted of violating any laws relating
to the sale of alcoholic beverages, drugs or other controlled substances
and/or firearms; or
(2)
If any such person does not comply with the requirements of
this article and all laws and regulations of the state and other ordinances
and regulations of the City or county; or if the premises is located
in a zone where such a use is prohibited; or
(3)
For any premises situated within 200 feet of the property line
of a school, church, synagogue, or other place of worship, or a hospital.
[Ord. No. 186, 12-19-2001]
(a)
The Chief of Police, upon presentation of an application for
a cabaret/nightclub license and before acting upon it, shall investigate
as to the truth of the statements contained therein. He may also consider
the effect such a business will have on the surrounding neighborhood,
and the number of similar establishments in the area and their proximity
to the location in the application.
(b)
Within two weeks after such an application has been submitted to him, and, if the Chief of Police is satisfied that the statements contained in the application are true, that the premises described in the application comply with the requirements of this article and that the issuance of the license is not prohibited by Section 2-14-298 of this Code, he shall issue such license.
(c)
If the Chief of Police denies the issuance of the license, he shall hold a hearing on the application after a minimum of three days notice to the applicant. At the hearing the applicant shall be given an opportunity to prove by competent evidence that the license should be granted. After the hearing the Chief of Police shall grant the license if he is satisfied by a preponderance of the evidence that its issuance is not prohibited by Section 2-14-298 or any other provisions of this article or other state or local law; if the Chief of Police finds by a preponderance of the evidence that the issuance of the license is prohibited by Section 2-14-298 or any other provisions of this article or other state or local law, he shall deny the license. The action of the Chief of Police shall be final.
[Ord. No. 186, 12-19-2001]
The annual fee for a cabaret/nightclub license shall be $500;
provided that in the event a license be granted after July first of
any year the license fee shall be 1/2 the amount of the annual license
fee. The Chief of Police shall not issue a cabaret/nightclub license
until the applicant has paid such fee to the City. All such licenses
shall expire on December 31 next following their issue. Such license
shall not be transferable and shall not authorize the person to whom
it is granted to conduct a cabaret/nightclub at any location other
than that specified herein.
[Ord. No. 186, 12-19-2001]
(a)
The Chief of Police shall have the power to revoke a cabaret/nightclub
license:
(1)
Procured by fraud or false representation of fact; or
(2)
For a violation of any of or failure to comply with the provisions
of this chapter by the person holding such license or any of his servants,
agents, or employees; or
(3)
The conviction of the person holding such license of any crime
as described in Section 2-14-298(1).
(b)
At least three days before revoking any license the Chief of
Police shall cause to be mailed to the holder of the license at the
address at which his cabaret/nightclub is being conducted a notice,
stating the time and place of a hearing concerning the revocation
at which the licensee shall be entitled to be heard and introduce
the testimony of witnesses. The action of the Chief of Police relative
to such revocation shall be final.
(c)
Whenever any person to whom a cabaret/nightclub license has
been granted is convicted of violating any of the provisions of this
chapter, such conviction shall be prima facie evidence of facts sufficient
to warrant revocation of the license.
[Ord. No. 186, 12-19-2001; amended 12-19-2012 by Ord. No.
207; 6-4-2013 by Ord. No. 131; 10-7-2015 by Ord. No. 200]
"Organized groups" are defined as groups where people organize
into groups for the purpose of sports events (for children and adults),
community activities (not-for-profits/profits and educational), religious
groups, family gatherings (reunions, block parties and family parties),
public demonstrations (public awareness), picketing (labor unions)
and charitable fund-raising events all for the betterment of the community
and/or the quality of life and vital information for its residents.)
(1)
There
will be no special exemption permits issued to such organized groups
or individuals: educational groups, charitable groups, political and
charitable fund-raisers and similar organizations.
(2)
The
only exemption shall apply to City-organized events such as Christmas
on Main Street, Columbus Day Parade, Purple Heart Memorial Ceremony,
Utica Police Department Thomas Lindsey Ride, Utica Fire Department
911 Ceremony, Memorial Day, Fourth of July Parades and Veteran's Day
Parade.
(3)
The
exemption shall apply to any event that is sponsored by the Common
Council of the City of Utica pursuant to a duly adopted ordinance.
