[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 10-12-2010 by L.L. No. 10-2010. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BACKGROUND MUSIC
- Music that is a customary accessory use to a restaurant or bar/tavern use. Such music shall include a jukebox, nonamplified live music with no more than three instrumentalists or vocalists without percussion or recorded music by use of a stereo system, all of which shall be conducted within the confines of the establishment. "Background music" shall not include karaoke, a DJ, music reviews, comedians, or other similar entertainment.
- MUSIC/ENTERTAINMENT EVENT
- A special event held in a restaurant or bar/tavern which exceeds the limitations of "background music."
- MUSIC/ENTERTAINMENT EVENT PERMIT
- A permit granted for a music/entertainment event, as defined herein.
- SPECIAL REQUEST PERMIT
- A permit granted for a music/entertainment event, as defined herein, which extends the event to 3:00 a.m. No more than three such permits will be granted per permit year.
No person shall have, maintain or conduct as owner, licensee or employee of any restaurant or bar/tavern any type of entertainment event indoors or outdoors in the Village of Sag Harbor without having first applied for and received a music/entertainment event permit issued by the Village of Sag Harbor. Said permit shall be issued by the Village Board of Trustees or its designee on receipt of an application and shall be valid unless suspended or revoked pursuant to § 122-7 herein.
Applicants for permits under this chapter must file with the Village Clerk a sworn application in writing on a form to be furnished by the Village Clerk, which application shall give the following information:
Name, address, and telephone number of the establishment owner;
The name, address, telephone number and emergency contact information of the tenant or proprietor of said restaurant or bar/tavern;
The particular business for which the permit is requested;
The dates and times that the entertainment events will be held;
The names of participants and/or bands, if any;
A copy of the most recent certificate of occupancy for the establishment;
Any additional information the Village Clerk shall deem necessary for the purpose of administering the provisions of this chapter; and
An attestation that any change in circumstances with regard to the information provided in the application or on the license shall be reported to the Village Clerk within 30 days.
The fee for the permits issued under this chapter shall be set by resolution of the Board of Trustees.
The permit year shall run from April 1 to March 31 of the following calendar year.
The Village Clerk shall keep a record of all permits issued.
Upon approval of an application, the Village Clerk shall endorse on the application his approval and issue an entertainment event permit to the applicant. The permit shall contain the following information:
Any permit issued under the provisions of this chapter shall be the property of the Village of Sag Harbor and is subject to physical removal by the Village should said permit be suspended or revoked pursuant to § 22-7.
All applicable rules and regulations in the Village Code Chapters 300 and 167 as they pertain bars, taverns and restaurants, as the same may from time to time be amended, shall now and at all times in the future be adhered to.
A music/entertainment event permit issued by the Village of Sag Harbor shall be subject to the following regulations:
Unless otherwise approved by the Village under a special request permit, all music and entertainment shall cease at 2:00 a.m. and may resume the following day at 1:00 p.m.;
All music/entertainment must be conducted within the confines of the establishment.
No permit issued under the provisions of this chapter may be transferred or assigned from one owner to another owner or from one establishment to another establishment.
If the Code Enforcement Officer or Chief of Police determines that any establishment is in violation of any provision of this chapter, he/she may suspend the permit at the time that the violation is observed. Until such time as a hearing is held and a determination made pursuant to that hearing, the permit is deemed suspended.
Once a permit has been suspended pursuant to Subsection A herein, the Village Clerk shall schedule a hearing within seven days to determine whether or not to suspend, revoke, modify or limit the entertainment event permit in any way. In lieu of modifying, limiting, suspending or revoking a permit as provided above, the Village Board may require that a permit holder provide soundproofing or other measures to address noise concerns or set any other conditions that the Board may deem reasonable.
Such hearing shall be a public hearing, written notice having been served on the permit holder personally or by certified mail, return receipt requested, addressed to the place of business of the permit holder as set forth in the most recent permit application, at least three days prior to the hearing. For purposes of this chapter, any summonses issued to any owner, employee, representative or agents, whether paid or unpaid, of an establishment are deemed to have been issued to that establishment.
The permit holder will be notified of the determination of the Village Board, in writing, within 15 days of the hearing. Such determination will remain on file in the office of the Village Clerk.
Should ownership of an establishment change after the issuance of summonses but prior to conviction or a final determination of the Village Board with respect to those summonses, the new owner may only obtain a permit after a Village Board hearing pursuant to Subsection B herein. Such hearing shall only be scheduled at the request of the new owner. Similarly, all modifications and limitations of a permit as set forth by the Village Board after a duly noticed public hearing as per this section shall be binding on subsequent owners. However, an owner may seek to remove any limitation or modification of a permit by requesting a Village Board hearing, which shall be subject to the provisions of Subsection B above.
It shall be a violation of this chapter to play or permit to be played or performed any entertainment event in a bar/tavern or restaurant without an entertainment event permit.
It shall be a violation of this chapter to play or permit to be played or performed any entertainment event in a bar/tavern or restaurant in violation of a permit that has been revoked, suspended or modified or in violation of the terms set forth by the Village Board after a hearing pursuant to § 122-7B.
Any person found guilty of a violation of any of the provisions of this chapter shall, upon conviction, be deemed guilty of an offense, which shall be punishable by a fine of not less than $1,000, nor more than $5,000, or by imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.