[Amended 7-18-1996 by L.L. No. 5-1996]
No person shall publicly exhibit in any building or place or
permit any other person to exhibit publicly or to participate in exhibiting
in any building or place any theatrical representations, feats of
horsemanship or any animal or artificial curiosity or other shows,
exhibitions or performances in the City without first obtaining a
license from the Director of the Office of Licensing either for such
exhibitions, shows or performances or for the hall, grounds or building
in which such exhibitions, shows, performance or performances are
to be given.
[Amended 7-18-1996 by L.L. No. 5-1996]
It shall be unlawful for any person to conduct or operate a
theater or a motion-picture theater without a license issued by the
Director of the Office of Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]
Every license for theaters, motion-picture theaters and performances, entertainment, exhibitions or shows as required in §§ 24-1 and 24-2 shall be issued only after the Director of the Office of Licensing is satisfied that the applicant is a fit and proper person and that the use of the premises to be licensed is allowed under the City Code and applicable laws and codes of the state and after the Director of the Office of Licensing shall have caused an inspection to be made of the premises to be licensed by appropriate agencies of the City of Yonkers and is satisfied that such premises fully complies with all laws and codes of the State of New York, the Code of the City of Yonkers and the rules and regulations of the Department of Housing and Buildings and the Fire Department, 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 for the type of show or exhibition proposed. For the purpose of facilitating any inspections required by this section, the Director is authorized to call upon the head of any City department or agency, and such department or agency and its employees shall make such inspections as may be required.
A.
The annual fee for a license required by the provisions of § 24-1 shall be $100, to be paid to the Comptroller.
B.
Exhibitions or performances given for the benefit of any church or
school or for any benevolent, charitable or scientific society or
for any local charity or in a building now owned or occupied by any
such society or corporation heretofore incorporated shall be exempt
from the fee imposed by this section.
[Amended 6-26-2012 by L.L. No. 7-2012; 6-1-2017 by L.L. No. 10-2017]
The fees to be charged for the licenses required by § 24-2 shall be payable annually to the Comptroller in amounts as follows:
A.
For theaters and motion-picture theaters having a seating capacity
of 350 or fewer: $400.
B.
For those having a seating capacity of over 350 and fewer than 700:
$450.
C.
For those having a seating capacity of 700 or more and fewer than
1,000: $550.
D.
For those having a seating capacity of 1,000 or more and fewer than
1,500: $700.
E.
For those having a seating capacity of 1,500 or more and fewer than
2,000: $850.
F.
For those having a seating capacity of 2,000 or more: $1,000.
Licenses granted under the provisions of this article shall
expire on the first day of March next after the date of issue thereof.
A.
Whenever the Director of the Office of Licensing shall disapprove
an application for any license he or she is authorized to issue or
refuses to grant or issue any license applied for or when it is claimed
that the provisions of this article do not apply or that the true
intent and meaning of this article have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision or order of
the Director within 30 days from the date of the decision or order.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
There is hereby created, pursuant to § 4-6D, a Board to be known as the "Theater and Show Licensing Appeals Board," which shall consist of the Mayor or a designee of the Mayor, the Director of the Office of Licensing and the Corporation Counsel for the City of Yonkers or one designated assistant.
[Amended 7-18-1996 by L.L. No. 5-1996[1]]
C.
The appeal shall be in writing and duly verified by the applicant
and shall set forth in detail the factual and legal basis on which
the appeal was based and must be filed with the Corporation Counsel
of the City of Yonkers within the time prescribed above. The Appeals
Board shall hold a hearing upon notice to the applicant within 30
days of the filing of the appeal, unless adjourned for good cause
shown or stipulation of the parties.
A.
Motion-picture theaters must be kept clean and free from dust. The
floors, where covered with wood, tiles, stone, concrete, linoleum
or other washable material, shall be mopped or scrubbed with water
or swept with moisture or by some dustless method at least once daily
and shall be scrubbed with water and soap or water and some other
solvent substance at least once weekly.
B.
Carpets, rugs and other fabric floor coverings shall be cleaned at
least once daily by means of suction cleaning, beating or dustless
sweeping. Curtains and draperies shall be cleaned at least once monthly
by suction cleaning, beating or washing. Cornices, walls and other
dust-holding places shall be kept free from dust by washing or moist
wiping. The wood and metal parts of all seats shall be kept clean.
Fabric upholstering of seats and railings and other fixed fabrics
shall be cleaned by suction cleaning or other dustless method at least
once monthly.
