[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 48-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
It is hereby declared the policy of the Village that in order
to preserve public peace and good order and to safeguard health, safety,
welfare and morals, it is necessary to regulate and control the operations
and conduct of places of assembly, conducted as cabarets, bars, dance
halls and theaters so as to fix certain responsibilities and duties
of persons owning, operating or controlling such establishments.
For the purpose of this chapter, the following words and phrases
shall have the following definitions:
Any place of assembly in which the business of directly or
indirectly selling or serving drink to the public is conducted, and
which does not provide any form of entertainment, including music,
whether live or mechanical, singing, dancing or any type of game of
amusement.
Any place of assembly in which the business of directly or
indirectly selling or serving food or drink to the public is conducted
and provides any form of entertainment, including music, whether live
or mechanical, singing, dancing or any type of game of amusement.
Any place of assembly in which dancing is carried on and
to which the public may gain admittance either with or without the
payment of a fee.
Any room, place or space, whether indoors or outdoors, which
is occupied or arranged to be occupied for public recreational amusement,
sports or similar purposes.
Any place of assembly in which dramatic presentations or
stage entertainment, live or on film or tape, are conducted or in
which motion pictures are shown to the public.
The Board of Trustees, in accordance with this chapter, shall
have the following functions, powers and duties in addition to those
provided in any other law, rule or regulation:
A.
To issue or refuse to issue any license or permit provided by this
chapter.
B.
To revoke, cancel or suspend for cause any license or permit issued
under this chapter.
C.
To inspect or provide for the inspection of any place of assembly
at any reasonable time.
D.
To prescribe forms of application for licenses or permits under this
chapter and of all reports which it deems necessary to be made by
any licensee, permittee or applicant.
E.
To hold hearings, subpoena witnesses, compel their attendance, administer
oaths, to examine any person under oath and, in connection therewith,
to require the production of any books or papers relative to the inquiry,
and to otherwise fully enforce this chapter.
A.
It shall be unlawful for any person to conduct, maintain or operate,
or engage in the business of conducting, maintaining or operating,
a cabaret, dance hall or theater within the Village, unless the premises
wherein the same is conducted, maintained or operated is licensed
in the manner prescribed herein.
B.
A license shall be issued for a place of assembly operated as a cabaret,
dance hall or theater only after the Board of Trustees:
(1)
Shall have caused an inspection to be made of the premises to be
licensed and is satisfied that such premises comply with all the local
laws of the Village and any applicable laws, rules and regulations
of any other governmental authority, including but not limited to
the New York State Uniform Fire Prevention and Building Code, and
off-street parking requirements for places of assembly.
[Amended 1-24-2011 by L.L. No. 1-2011]
(2)
Is satisfied that the applicant is a fit and proper person.
C.
In addition to such other information as the Board of Trustees may
determine shall be furnished in any application for a place of assembly
operating as a cabaret, dance hall or theater, the following information
shall be given:
(1)
The name, age and residence address of each applicant, and, if there
is more than one and they are partners, the partnership name and the
age and residence address of each partner.
(2)
If such applicant is a corporation, the name of the corporation,
the names and residence addresses of its directors or other governing
body, the names and residence addresses of its officers and, except
in the discretion of the Board of Trustees, the stockholders and the
state under the laws of which it is organized.
(3)
The premises to be licensed, stating the street and number, if the
premises have a street and number; otherwise, such description as
will reasonably indicate the locality thereof.
(4)
The name and address of the owner of the building or premises wherein
or whereon the licensed premises are located.
(5)
Whether the applicant is a lessee and, if so, the name and residence
address of the lessor.
(6)
If the applicant does not reside in the Village, the name and address
of an agent who shall be a natural person and shall reside or have
a place of business in the Village and who shall be authorized to
and shall agree by verified statement to accept notices or summonses
issued by the Code Enforcement Officer or the police with respect
to a violation of any local law or rule or regulation thereunder.
(7)
The name and residence address of each person interested or to become
interested in the business to be covered by the license for which
the application is made, together with the nature of such interests.
(8)
The nature of the applicant's interest in the business to be covered
by the license for which application is made, and the name of any
other person, either as principal or associate, interested in the
licensed premises or in the business to be covered by the license
applied for.
(9)
Whether the person applying for a license has been convicted of any
crime, misdemeanor or violation of any local law or municipal ordinance
and, if the person has been convicted, the nature of the crime or
violation, the court where convicted and the date of the penalty assessed
or sentence imposed.
(10)
Fingerprints of the applicant, and in the case of a corporation or LLC, the shareholders or members thereof, taken as provided in § 7-3 of the Code, unless the applicant has a valid SLA license for said premises.
(11)
A floor plan of the premises drawn to scale showing the location
of the storage of alcoholic beverages and any other flammable products.
D.
If there is any change, after the granting of a license, in any of
the facts required to be set forth in such application, a supplemental
statement giving notice of such change, duly verified, shall be filed
with the Board of Trustees within 10 days after such change. Failure
to do so shall be cause for suspension or revocation of the license.
In giving any notice, or taking any action in reference to a licensee
of licensed premises, the Board of Trustees or the Code Enforcement
Officer may rely upon the information furnished in such application
and in any supplemental statement connected therewith, and such information
may be presumed to be correct and shall be binding upon a licensee
or licensed premises as if correct. This supplemental statement may
be waived by the Board of Trustees in its discretion for any corporation
with regard to stockholders holding less than 10% of the issued stock.
The term of licenses shall be for a period of one year, commencing
on February 1 and terminating at the end of the following January,
except that an original license shall be effective from the date on
which the license is granted to the end of the month of January following.
Renewal applications shall be submitted to the Board of Trustees at
least 30 days prior to expiration of the license. Renewals of licenses
shall be effective for the one-year term above described.
Fees for such cabaret, dance hall or theater licenses issued
under this chapter shall be payable annually and shall be based on
the number of persons such place is designed to lawfully accommodate.
The table of annual fees for cabaret, dance hall or theater licenses
shall be based on the capacity in persons and shall be established
by the Board of Trustees by resolution.
The Board of Trustees may waive the payment of any fees established
by this chapter in favor of any applicant whose activities are deemed
to be benevolent by the Board of Trustees.
The total fee shall be paid upon submission of the application
for a license. In the event that a license is denied, an administration
fee of $50 plus the actual cost of legal publication shall be retained
for the processing of such application, and the remainder of the fee
submitted shall be returned to the applicant. No fee or part thereof
shall be returnable if a license is suspended or revoked.
If the Board of Trustees shall disapprove an application for
license under this chapter, the Board of Trustees shall cause to be
endorsed upon such application its disapproval thereof and shall attach
thereto a statement of its reasons therefor. The Village Clerk thereafter
shall notify the applicant of such action by regular mail.
The Board of Trustees, 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.
Material misrepresentation in the application for license by a person
licensed hereunder.
B.
Suffering or permitting, by a person licensed hereunder, any waitress,
barmaid or other person who comes in contact with, or who is likely
to come in contact with, the patrons of the licensed establishment
to appear in the presence of such patrons with breasts or the lower
part of the torso uncovered, or so thinly covered or draped as to
appear uncovered, or suffering or permitting any person to appear
in any scene, sketch, act or entertainment with breasts or the lower
part of the torso uncovered, or so thinly covered or draped as to
appear uncovered.
C.
Violation of any provision of this chapter.
D.
Violation of any law, ordinance, rule or regulation applicable to
the licensed premises or enforceable by any governmental authority.
E.
Conviction of any crime.
F.
Failure to provide for the health, safety or welfare of any persons
frequenting the licensed premises.
G.
Any series of occurrences which cumulatively has the effect of disturbing
the tranquility of the Village or a part thereof or causes reasonable
apprehension of there being a disturbance of such tranquility.
H.
Violation of any stipulation or condition imposed by the Board of
Trustees upon the granting or renewal of any such license.
Upon a license for premises hereunder being suspended or revoked,
it shall be unlawful to use or occupy any portion of said premises
as a cabaret, dance hall or theater during such period of suspension.
The Board of Trustees shall send notice of the suspension or
revocation to the person licensed hereunder and shall cause to be
attached thereto a statement of its reasons therefor.
Any notice to be given by the Board of Trustees under this chapter
shall be deemed to have been duly given when:
A.
Served personally upon the licensed person, or sent by registered
or certified mail addressed to his residence; or
B.
In the case of a corporate licensee, served personally upon an officer
of said corporate licensee or sent by registered or certified mail
addressed to an officer thereof at his residence, together with a
copy of the notice by ordinary mail to the address of the licensed
premises; or
C.
Served personally upon or sent by registered or certified mail to the agent designated under § 132-4C(6); or
D.
Served in any manner otherwise specifically provided in this chapter
or in any other lawful manner.
Each license issued hereunder shall be kept conspicuously posted
at the main entrance of every place licensed hereunder. It shall be
unlawful to remove, deface or alter such license.
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.
The number of persons permitted to occupy a place of assembly
operated as a cabaret or dance hall shall be determined in accordance
with the New York State Uniform Fire Prevention and Building Code.
Every person holding a license under this chapter and every
place of assembly shall comply with the following provisions. Violation
of any of these provisions shall be unlawful.
A.
No light on any part of premises licensed hereunder or on any place
of assembly shall be permitted to shine beyond the property line of
the premises. All exterior lights on such premises shall be equipped
with shielding devices so that the glow emanating therefrom shall
be directed only on and toward such premises.
B.
All garbage, rubbish and other refuse shall be stored until removed
at the rear of the premises in watertight receptacles, securely covered.
Such receptacles shall be maintained in a sanitary condition. No garbage,
rubbish or other refuse shall be removed from the premises between
the hours of 6:00 p.m. and 6:00 a.m.
C.
No soot, cinders, smoke, noxious acids, fumes, gases or disagreeable
or unusual odors shall be permitted to emanate from the premises so
as to be detrimental to any person or to the public, or which either
annoys, disturbs, injures or endangers, or may have a tendency to
annoy, disturb, injure or endanger, the comfort, repose, health, peace
or safety of any person or the public.
D.
At no time shall music be played either by mechanical device or live
performance in a manner which either annoys, disturbs, injures or
endangers, or tends to annoy, disturb, injure or endanger, the comfort,
repose, health, peace or safety of other persons or the public.
E.
No loud, unnecessary or unusual noise or any noise shall be permitted
to be made, continued or caused to be made or continued, which either
annoys, disturbs, injures or endangers, or tends to annoy, disturb,
injure or endanger, the comfort, repose, health, peace or safety of
other persons or the public.
F.
No person operating a place of assembly, although not required to
be licensed under this chapter, shall permit any waitress, barmaid
or any other person who comes in contact with, or who is likely to
come in contact with, the patrons of such place of public assembly
to appear in the presence of such patrons with breasts or the lower
part of the torso uncovered, or so thinly covered or draped as to
appear uncovered, nor shall be permit any person to appear in any
scene, sketch or act with breasts or the lower part of the torso uncovered,
or so thinly covered or draped as to appear uncovered.
