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."
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:
A. Name, address, and telephone number of the establishment owner;
B. The name, address, telephone number and emergency contact information
of the tenant or proprietor of said restaurant or bar/tavern;
C. The particular business for which the permit is requested;
D. The dates and times that the entertainment events will be held;
E. The names of participants and/or bands, if any;
F. A copy of the most recent certificate of occupancy for the establishment;
G. Any additional information the Village Clerk shall deem necessary
for the purpose of administering the provisions of this chapter; and
H. 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.
A music/entertainment event permit issued by the Village of
Sag Harbor shall be subject to the following regulations:
A. 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.;
B. All music/entertainment must be conducted within the confines of
the establishment.
C. All establishments must adhere to the provisions of Chapter
167 (Noise).
D. No permit shall be issued to any cabaret, disco or nightclub or any establishment having any of the characteristics of a cabaret, disco or nightclub, as defined in Chapter
300 (Zoning).
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.
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.