[Adopted 4-14-1964 by G.O. No. 16-1964; amended in its entirety 7-2-1991 by G.O. No.
15-1991]
As used in this article, the following terms shall have the
meanings indicated:
Any room, place, space or premises in the City in which eating
and/or drinking takes place and which also provides nonincidental
musical entertainment by a live musician or musicians or any mechanical,
electronic or other means, such as record, tape, jukebox or other
audio or audiovisual means.
The Commissioner of Police.
The Director of the Office of Licensing, who is also referred to as the Consumer Protection Officer in Article IIIA of the Charter, and shall include the designee of the Director, unless otherwise provided.
[Amended 7-18-1996 by L.L. No. 5-1996]
A person employed in any capacity or title in connection
with a cabaret or public dance hall, including the licensee and any
and all persons responsible for the control or management thereof.
It shall also include a concessionaire and each person employed by
such concessionaire.
A male or female is considered exposed, for the purpose of
this article, when he or she appears clothed or costumed in a manner
that the portion of his or her breasts below the top of the areola
is not covered with a fully opaque covering.
A permit issued by the Director to an employee of a cabaret
or public dance hall as required by the provisions of this article.
An individual, corporation, club, partnership, association,
society or any other organized group of persons, including officers,
directors and trustees of a corporation, club, association or society.
Any room, place or space in the City in which dancing is
carried on and to which the public may gain admission, either with
or without the payment of a fee.
A.
It shall be unlawful for any person to conduct, maintain or operate
or engage in the business of conducting, maintaining or operating
a public dance hall or cabaret unless the premises wherein the same
is conducted, maintained or operated is licensed in the manner prescribed
herein.
B.
Issuance of license.
(1)
A license shall be issued only after the Director is satisfied that
the applicant is a fit and proper person and shall have caused an
inspection to be made of the premises to be licensed and is satisfied
that such premises complies with all laws and the rules and regulations
of the Department of Housing and Buildings, the Fire Department and
the other bureaus and departments of the City insofar as the same
are applicable thereto and is satisfied that the premises to be licensed
is a safe and proper place to be used as a public dance hall, cabaret
or catering establishment. For the purpose of facilitating the inspections
prescribed by this section, the Director is authorized to call upon
the head of any City agency, and such agency and its employees shall
make such inspections as may be required.
[Amended 7-18-1996 by L.L. No. 5-1996]
(2)
No license shall be issued for a public dance hall or cabaret which uses as a form of entertainment or otherwise the exposure of a male or female if said dance hall or cabaret is within 1,000 feet of a residence district as defined by Chapter 43, Zoning, of the Code of the City of Yonkers, unless the same has been approved by an ordinance of the City Council.
C.
All applicants for licenses required by the provisions of this article
and holders of concessions on premises requiring such license shall
be fingerprinted. If the applicant is a partnership, all members of
the partnership shall be fingerprinted. Except in the discretion of
the Director, after consultation with the Commissioner, if the applicant
is a corporation, club, association, society or other organized group
of persons, all officers, directors, stockholders and other persons
entitled to a share of the income or profits shall be fingerprinted.
This article shall not apply to premises owned, occupied and
used exclusively by a religious, charitable, eleemosynary or educational
corporation or institution.
A.
The license herein prescribed shall be issued by the Director. Application
for such license shall be made on a form containing such information
as may be determined by the Director and shall be certified to by
the applicant. The fee for each such cabaret or public dance hall
license shall be $250 per floor for each year.
[Amended 7-18-1996 by G.O. No. 9-1996; 6-1-2017 by G.O. No. 8-2017]
B.
If additional rooms are to be used independently by the same applicant
in the same premises as a public dance hall or cabaret, the applicant
shall indicate on the application the location of each and every room
or space which is to be used for such purpose.
C.
A partial fee of $25 shall be paid upon filing of an application
for a cabaret or public dance hall license in order to defray the
cost of processing the application, and it shall not be refundable.
This processing fee shall be applied against the fee to be paid for
issuance of said license as provided herein.
D.
All licenses shall expire one year from the date of issuance.
E.
No license authorized in this article shall be issued or renewed
unless the Department of Housing and Buildings inspects the premises
and certifies that the premises complies with the Yonkers Building
and Electrical Code[1] and the New York State Uniform Fire Prevention and Building
Code. The applicant shall pay a fee of $300 per floor to the Department
of Housing and Buildings at the time of each application for inspection
or reinspection.
[Amended 7-18-1996 by L.L. No. 5-1996; 7-18-1996 by G.O. No.
9-1996; 5-14-2019 by L.L. No. 5-2019]
Each license issued hereunder shall be kept posted at the main
entrance of every place licensed hereunder.
No license issued under the provisions of this article 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.
If, during the term of the licensing period, one or more directors,
stockholders or officers of a corporate licensee are substituted or
added, each substituted or added director, stockholder or officer
shall, within five days of such substitution or addition, file with
the Director an application for an approval of the change of directors,
stockholders or officers on such forms as are prescribed by the Director.
[Amended 6-1-2017 by
G.O. No. 8-2017]
Except as otherwise provided in this section, every employee
of a public dance hall, and every employee of a cabaret who comes
in contact or is likely to come in contact with the patrons of such
cabaret, shall, within four days of the date of the original employment,
make application to the Director for a cabaret and public dance hall
employee's identification card. An identification card shall
be issued only after the Director is satisfied that the employee is
a fit and proper person. The Director is authorized to require any
such employee to be properly identified by fingerprinting, photographing
or otherwise as he shall deem necessary. The identification card shall
expire on the 30th day of September following the third anniversary
of the date of issuance and shall be renewable for additional four-year
periods. The application for such identification card and every renewal
thereof shall be made on such form or forms as the Director may prescribe.
The Director shall require an employee to be fingerprinted only at
the time of the filing of the original application for such identification
card, except that, if the Director finds that the fingerprints of
any employee are of insufficient clarity or otherwise inadequate or
unavailable for proper identification of such employee, the Director
may require such employee to be fingerprinted again. Pending issuance
of an application card, the Director may issue a temporary permit
to any employee required to secure such card by this section or the
rules and regulations of the Director. The service charge for the
original identification card or temporary permit and for each renewal
thereof shall be $25. The Director may suspend or revoke any identification
card or temporary permit. It shall be unlawful for any person to be
employed in a public dance hall or cabaret more than four days after
the date of original employment without securing the identification
card or temporary permit as may be required by this section and the
rules and regulations of the Director.
The Director is authorized to adopt such reasonable rules and
regulations as he may deem necessary for the proper control, operation
and supervision of public dance halls and cabarets.[1]
