[HISTORY: Adopted Orangetown Town Board 3-23-1959. Amendments
noted where applicable.]
This ordinance shall be known and cited as the "Commercial Amusement
License Ordinance of the Town of Orangetown."
As used in this ordinance, the following words shall have the
following meanings; if no specific definition is set forth herein,
all words shall have their usual meanings in the English language:
An area for amusement open to the general public containing
structures or open areas in which there are provided amusement rides,
amusement devices, including Wild West shows, and places commonly
known as "Cowboy Town," "Jungle Town," "Fairyland," etc.
An alley for bowling, including any restaurant or refreshment
operation in connection therewith.
An amusement enterprise with amusement rides, booths, etc.
An enclosure containing seats or standing room covered by
a tent or other structure, for exhibition, acrobatic performances,
etc.; also, the company of performers or the performance.
A theater where the patrons are limited to drive their automobiles
into a parking space and to view the performance from their automobiles,
whether or not additional seats are provided.
A public room in which pool and billiards are played and
open to the general public.
Any public display, including but not limited to works of
art, manufacturer's exhibit, commercial exhibit, vaudeville or
feats of skill.
A range with targets for practice with firearms, open to
the general public and operated primarily for amusement purposes.
A building or structure containing an area upon which roller
skating or ice skating is permitted, including a skating area whether
or not covered by any other structure.
An edifice for dramatic performances or spectacles, including
motion pictures and television exhibitions; a room adapted to any
exhibition or performance before an assembly.
No person, firm or corporation shall conduct, maintain, operate
or use any building, plot or parcel of land for the operation, maintenance
or conducting of circuses, carnivals, theaters, drive-in theaters,
motion-picture-house shows, billiard or pool rooms, bowling alleys,
shooting galleries, commercial skating rinks, amusement parks and
other similar places of recreation and amusement for money or hire
in that portion of the Town of Orangetown outside of the limits of
any incorporated village, without having obtained a license therefor
from the Town Clerk as hereinafter provided.
A.
The
following fees shall be paid to the Town Clerk for a license as hereinafter
set forth:
(1)
Circuses, carnivals and public exhibitions: $125 per week
or any fraction thereof.
[Amended 10-13-1987 by L.L. No. 11, 1987; 10-16-1995 by L.L. No.
13, 1995]
(2)
Drive-in theaters: $100 per year for a theater having
a capacity of less than 1,000 cars and $200 per year for theaters
having a capacity of over 1,000 cars.
(3)
Amusement parks: $500 per year.
(4)
Commercial skating rinks: $100 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(5)
Theaters and motion-picture houses: $50 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(6)
Bowling alleys: $50 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(7)
Shooting galleries: $50 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(8)
Billiard parlors and billiard rooms: $50 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(9)
All other places of recreation and amusement: $25 per
year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
B.
This
section shall not apply to the following: circuses and carnivals operated
wholly by and for the benefit of churches, fire companies, schools,
fraternal organizations and for other charitable and eleemosynary
purposes.
[Amended 5-24-1982 by L.L. No. 6, 1982]
C.
The
applicant must submit to the Town Clerk a statement signed and acknowledged
by the owner of the property which constitutes the proposed site for
the circus or carnival, or his or her duly authorized agent, granting
permission to the applicant to use the said property in the manner
described in the license application.
[Added 10-13-1987 by L.L. No. 11, 1987]
[Amended 10-13-1987 by L.L. No. 11, 1987]
Before the Town Clerk shall issue a license for a circus, carnival
or public exhibition, the applicant shall make application in writing
therefor to the Town Clerk and shall present to the Town Clerk on
the form provided with approval of the following governmental departments:
A.
The
Rockland County Health Department, as to the adequacy of the proposed
sanitary facilities, sewerage disposal facilities and the adequacy
and sufficiency of drinking water.
B.
The
Orangetown Police Department, as to the adequacy of the proposed plan
of off-street and highway parking.
C.
The
New York State Labor Department, as to the safety of the equipment.
D.
The
Chief of the Fire Prevention Bureau, as to the adequacy of the proposed
seating arrangement and proposed fire protection and proposed fire
lanes.
E.
The
Office of the Building, Zoning and Planning Administration and Enforcement.
Before the head of the Office of Building, Zoning and Planning Administration
and Enforcement shall grant approval, the following conditions must
be met:
(1)
Parking must not be within 10 feet of the property line
of abutting residential districts nor within 20 feet of any on-site
building or tent.
(3)
Access must be from a major or secondary road.
(4)
A plan should be submitted to the head of the Department,
showing a plan of the site, depicting the general area of the site;
the location and number of all proposed rides, booths, enclosures,
tents and trailers on the site; the proposed seating arrangements;
and the proposed fire protection. (Fire protection shall also be approved
by the Fire Prevention Bureau.)
[Amended 10-13-1987 by L.L. No. 11, 1987]
A.
It shall be the responsibility of the applicant to protect and see that any lot or parcel of land used for such circus, carnival or public exhibition is cleared of all debris and rubble within 24 hours after the closing of such circus, carnival or exhibition. Cash or a certified check in the amount of $1,000 shall be posted to ensure compliance with this provision. In addition to the requirements of § 7-5, an application for a license to conduct a circus, carnival or public exhibition must be accompanied by a statement signed by the property owner or duly designated agent and the operator of the circus or carnival agreeing to the provisions of this section and the forfeiture of the security deposit for failure to obtain a certificate of discharge as hereinafter provided.
B.
Said funds shall be returned to the circus or carnival or public exhibition depositing said funds only upon obtaining a certificate of discharge from the head of the Office of Building, Zoning and Planning Administration and Enforcement. The certificate of discharge shall be granted only after an inspection of the premises by the Building Inspector to ensure compliance with Subsection A of this section.
All applicants for licenses for theaters, motion-picture houses,
drivein theaters, amusement parks, commercial skating rinks, bowling
alleys, shooting galleries or other similar places of amusement for
money or hire shall make application for such license on the form
provided by the Town Clerk. The Town Clerk shall require approval
in proper form from the following Town or state departments:
A.
The
Zoning Department and Building Department, as to the proper zoning
of the property and construction as provided and required by the New
York State Building Code.
B.
The
New York State Department of Labor, as to compliance with requirements
for places of public assembly.
C.
The
Rockland County Health Department, as to adequacy of proposed sewage
disposal and adequacy of drinking water.
E.
The
Building Department, as to the adequacy of proposed fire protection.
No exhibition shall be permitted which openly outrages public
decency or seriously imperils the public welfare or which is detrimental
to the health, safety, welfare and morals of the people of the Town
of Orangetown.
B.
License
restrictions and conditions.
[Amended 11-14-1994 by L.L. No. 13, 1994]
(1)
No public billiard or pocket billiard room or public place
of any description in which billiards or pocket billiards are played
or which includes any apparatus or paraphernalia for the playing of
billiards and which is conducted as a public place of business for
profit shall be permitted in the Town unless the license has been
granted to the proprietors provided for in this chapter. Notwithstanding
anything herein contained to the contrary, a license shall not be
required for a public place of business where billiard or pocket billiards
are played or may be played on a table which measures not more than
three feet by six feet, provided that not more than one such table
is in the public place at any one time and further provided that the
cue sticks used, and available for use, are made of light plexiglass
or some similar light material.
(2)
The Town Clerk shall not issue a license to any person
who has been convicted of a felony or who has not, subsequent to such
conviction, received executive pardon therefor or a certificate of
good conduct from the Parole Board to remove the disability under
this subsection because of this conviction nor to any person who is
not a citizen or who has not filed declaration of intention to become
a citizen; provided, however, that an Indian who was a freeholder
in the State of New York may be granted a license to conduct a public
billiard or pocket billiard room without filing a declaration of intention
to become a citizen of the United States.
(3)
Any license granted by the Town Clerk shall specify the
name of the licensee, the place where the licensed business is to
be carried on and the days on which the license shall begin and expire.
The certificate shall be enclosed in a suitable wood and metal frame
having a clear glass face in a substantial wood or metal back, so
that the whole of such certificate may be seen therein, and shall
be posted up and at all times displayed in a conspicuous place in
the room or place where the licensed business is carried on so that
all persons visiting such room or place may readily see the same.
It shall be unlawful for any person to post such certificate or be
permitted to post it upon premises other than those for which the
certificate was issued or to knowingly deface or destroy any such
certificate. Whenever a license certificate shall be lost or destroyed,
without fault on the part of the holder or his agents or employees,
a duplicate certificate in lieu thereof under the original application
bond may be issued in the Town Clerk's discretion.
(4)
It is unlawful for any person, firm, association or corporation
holding said license to permit any dice to be thrown upon a wager
of money or property or a prize or any raffle to be made or any game
to be played with cards upon a wager of money or property or for a
prize or any game of chance to be played or gambling in any matter
in the place designated by the license certificate in which the licensed
business is to be carried on or in any yard, booth, garden or other
place appertaining thereto or connected therewith.
(5)
It shall also be unlawful to allow or permit the licensed
premises to become disorderly or to permit any minor under the age
of 16 years to enter or remain in such billiard room or place unless
accompanied by his or her parent or legally appointed guardian. The
window or windows in such billiard or pocket billiard room must be,
at least the lower 1/3 part of such window shall be, of clear glass
and shall not be screened or curtained at any time of the day or of
the night, nor shall there be any article or thing in the rear of
such window or windows so as to prevent a full, clear and unobstructed
view of such billiard or pocket billiard room. There shall be no enclosed
box or stall or private room, and no partitions forming such boxes
or stalls or private rooms shall be permitted. There shall be no interior
billiard room not having a principal door or entrance, and such door
and all other doors entering such room shall have therein a section
of clear glass sufficient to afford a clear view of such billiard
room from the outside.
(6)
It shall be unlawful for the proprietor of such billiard
or pocket billiard room to knowingly employ in carrying on the business
of such public billiard room any person who has been convicted of
a felony and who has not subsequent to such conviction received executive
pardon therefor or a certificate of good conduct from the Parole Board
to remove the disability under this section because of such conviction
or until after one year after the date of the revocation of the license
of any person whose license has been revoked under the provisions
of this chapter.
(7)
The word "pool" shall be discontinued as a descriptive
word referring to a pocket billiard room or place. Wherever the word
"pool" appears on any window, sign, building or stationery, used in
connection with a billiard or pocket billiards room or place, it must
be changed to read "billiard" or "pocket billiards."
The license issued by the Town Clerk shall provide for operation
of the particular amusements licensed to the hours hereinafter set
forth:
A.
Circuses and carnivals may operate from 11:00 a.m. to 11:30
p.m. Theaters, drive-in theaters, motion-picture houses, bowling alleys,
amusement parks, shooting galleries, commercial skating rinks and
other similar places of recreation and amusement may operate from
8:00 a.m. to 1:00 a.m., except that bowling alleys may remain open
until 3:00 a.m., prevailing time, except when a shorter period of
operation shall be prescribed by the Zoning Board of Appeals or other
Town department having jurisdiction. A public golf course may begin
operation one hour before sunrise. Any theater or drive-in theater
may continue any show which will have started prior to 1:00 a.m. The
last complete show shall not start later than 1:00 a.m.
[Amended 10-13-1987 by L.L. No. 11, 1987]
B.
Billiard rooms and billiard parlors: Monday through Sunday,
10:00 a.m. to 3:00 a.m.
[Amended 3-23-1992 by L.L. No. 3, 1992; 5-22-1995 by L.L. No.
2, 1995]
A.
Any license issued hereunder by the Town Clerk may be revoked
by the Town Board pursuant to the standards and procedures set forth
in § 137 of the Town Law.
[Amended 10-13-1987 by L.L. No. 11, 1987[1]]
B.
Motion-picture ratings.
[Added 6-22-1970 by L.L. No. 6, 1970]
(1)
For the purposes of this local law, the Town Board hereby
adopts the current voluntary ratings of the motion-picture industry
of the various motion pictures exhibited as follows:
(a)
G: general audience.
(b)
GP: mature audience, wherein children under the age
of 17 can be admitted with parents' or guardians' consent.
(c)
R: restricted audience, wherein minors under the
age of 17 years must be accompanied by their parent or suitable adult.
(d)
X: audience restricted to persons only over the age
of 17 years.
(e)
The Town Board is hereby authorized by duly adopted resolution to establish such other or different categories or class of motion pictures and the classification thereof as it may deem necessary and proper to safeguard the health, safety and welfare of the residents of the Town of Orangetown substantially the same as the classes described in Subsection B(1)(a) through (d) above as to scope and content.
(2)
The above classifications are in an ascending order of
restrictivity as follows: G, GP, R, X.
(3)
Where a motion-picture theater is exhibiting a motion
picture at any particular time it shall be a violation of this law
to show film strips, leaders or any other method of showing actual
scenes from said motion picture or of other motion pictures which
are more restrictive according to the above scale, or such other scale
as may be established by the Town Board by due resolution, than the
motion picture being exhibited at the time at which such coming attraction
is shown other than the advertising of such coming attraction by title,
rating, cast of characters and actors.
(4)
Any violation of this law shall be punishable as follows:
(b)
In addition thereto, upon the failure or refusal
of a theater operator and/or manager to cease and desist from the
continued showing of such prohibited film strip, leader or other method
of showing actual scenes of such coming attractions within 24 hours
after written notice by the Town Clerk to said theater manager and/or
operator to cease and desist such showing, and which notice being
duly served, in person, upon the offending theater operator, manager
and/or person in charge thereof, the license to operate a theater
may be suspended for such period as the Town Board may direct, not
exceeding 30 days, after due hearing held by the Town Board at a special
or regular meeting on the date specified in said notice to cease and
desist. Such suspension may be made irrespective of the fact that
at the time of the actual hearing such film strip, leader or other
method of showing actual scenes is no longer being exhibited, provided
that there actually was a failure to cease and desist the exhibiting
of such film strip, leader or any other method of showing actual scenes
beyond the date specified in said notice to cease and desist.
(c)
Any theater operator or manager whose theater license
has been suspended pursuant to this law may, as provided for in Article
78 of the Civil Practice Law and Rules, seek a judicial review in
a court of competent jurisdiction of such suspension of the motion
picture license as suspended hereunder.
(5)
Any theater operator and/or manager who desires to show
a film strip, leader or any other method of showing actual scenes
as a coming attraction of a motion picture which is in a restrictive
category may, at least three weeks prior to the actual showing thereof
simultaneously with a less restrictive motion picture, submit to the
Town Clerk a written summary of such film strip, leader or any other
method of showing actual scenes of a coming attraction. The Town Clerk
shall report on the same to the Town Board at the next regular or
special meeting to be held by the Town Board. The Town Board may continue
such restrictive rating or waive such restriction. A failure or refusal
of the Town Board to act thereon shall be deemed to be a waiver thereof
and permitting the exhibition of such filmstrip, leader or any other
method of showing actual scenes of coming attractions, irrespective
of the rating of such film.
(6)
This amendment is in addition to and not in limitation
of any penalties, duties or obligations of any licensee pursuant to
this chapter.
(7)
Severability. If any part or provision of this local law
or the application thereof to any person or circumstance is adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this local law or the application thereof to other
persons or circumstances. The Town Board hereby declares that it would
have enacted the remainder of this local law even without such part,
provision or application.
(8)
The prohibition provided in this local law concerning
the showing of filmstrips, leaders or any other method of showing
actual scenes from motion pictures as a coming attraction shall not
apply after 10:00 p.m. on any night.
(9)
This amendment shall take effect immediately upon adoption
hereof.
[Amended 10-13-1987 by L.L. No. 11, 1987]
In the event of a refusal of any license by the Town Clerk,
the applicant may apply to the Town Board for a review of the Town
Clerk's decision pursuant to the provisions of § 137
of the Town Law of the State of New York.
The Town Clerk may also refuse a license to any person, firm
or corporation who or which, in his judgment, shall be undesirable
or incapable of properly conducting the trade or business desired
and also may refuse a license if the applicant or any officer, if
the applicant be a corporation, shall have been convicted of a misdemeanor
or felony which, in the judgment of the Town Clerk, renders the applicant
unfit or undesirable to carry on the purpose for which the license
is sought.
All portions of all ordinances of the Town of Orangetown inconsistent
herewith are hereby repealed, except that nothing herein shall in
any manner be construed so in any way to alter or repeal any of the
provisions of the Zoning Ordinance relating to the use of property
in the Town of Orangetown.[1]
[Amended 2-28-1972 by L.L. No. 4, 1972; 10-16-1995 by L.L. No.
13, 1995]
Any person, firm or corporation who or which shall violate any
provision of this ordinance shall be guilty of a violation against
this ordinance and shall be subject to a fine not to exceed $750.
This ordinance shall take effect immediately upon adoption,
publication and posting, as required by law.
