[HISTORY: Adopted by the Common Council of the City of Glens
Falls as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Exhibitions — See Ch. 101.
[Adopted as Art. I of Ch. 45 of 1967 Code]
Any person or company of persons within the City of Glens Falls
shall not, for gain or profit, take part in any special performance
or give any concert, musical entertainment, theatrical or circus performance
or any picture or exhibition or any exhibition of paintings, moving
pictures, animal or animals or natural or artificial creations without
first having obtained a license so to do from the Mayor of the city,
and no owner or occupant of any hotel, saloon, house, outhouse, yard
or other place shall furnish or allow the same to be used for the
accommodation of such exhibition or performance unless such license
shall be obtained as aforesaid.
A.
The following are the fees which may be charged for licenses granted
under this article in the discretion of the Mayor of said city:
(1)
For theatrical performances: $10 per day.
[Amended 12-18-1997 by L.L. No. 8-1997]
(2)
For concerts and musical entertainments: $10 per day.
[Amended 12-18-1997 by L.L. No. 8-1997]
(3)
For moving pictures and like entertainments: $10 per day.
[Amended 12-18-1997 by L.L. No. 8-1997]
(4)
For any entertainment, exhibition, show or performance other than
circuses, theatrical performances, concerts or musical entertainment
for which a license is required under this article: not less than
$2 nor more than $10 per day.
(5)
For circuses or other exhibitions of like character: such sum for
each exhibition as may be fixed by the Common Council.
(6)
The, Mayor may, in his discretion, grant to any theater, opera house,
public hall or place of amusement of like character or to the proprietor
or manager thereof an annual license for any of the foregoing purposes
for such sum as he, in his discretion, may deem proper, not exceeding
$125 per year.
[Amended 11-8-2011 by L.L. No. 8-2011]
A license shall not be required for amateur performances, concerts
or exhibitions, and no license shall be required for any performance,
concert exhibition or entertainment given for benevolent religious,
charitable or home benefit purposes.
[Amended 5-28-2013 by L.L. No. 4-2013]
A.
A license granted under § 98-2 shall be valid for the period for which it was granted and for which the fees therefor have been paid in advance, and the granting of any license under this section is in the discretion of the Mayor as to the period or place of the exhibition, entertainment, show or performance. Performances, concerts and musical entertainment shall include all live amplified music, jukeboxes, karaokes and any form of prerecorded digital and analog music sources.
B.
As of 11:00 p.m. each evening, doors to establishments shall not be held open or propped open during any live or prerecorded performances, concerts and/or musical entertainment. Any license holder subjecting residents to excessive music and/or noise in violation of this section shall have his/her entertainment license suspended for a period of up to six months. Compliance with this stipulation shall be a requirement for the approval and holding of an entertainment license. This revision of § 98-4 shall take effect for all licensees upon receipt and filing of the local law by the New York State Secretary of State.
C.
Any music,
as referenced in this chapter, that is being performed outdoors for
the holder of an entertainment license shall conclude by 11:00 p.m.
D.
Any person violating any provisions of this article may first be issued a verbal or written warning of violation by any police officer or other person authorized hereunder, who shall require that the violation immediately cease. If the violator, upon demand, fails to comply or for a second violation by the same violator within a thirty-day period, such violator shall, upon conviction thereof, be guilty of a violation and subject to the penalties as provided in § 98-6 of this Code.
E.
Any person
who observes or has knowledge of a violation of this article may file
a signed deposition, under oath, with a police officer, specifying
the objectionable conduct, the date thereof, and the name and address,
if known, of the alleged violator. A police officer shall investigate
each complaint and, if the complaint is supported by probable cause,
issue a notice of violation therefor.
F.
The Chief
of Police may promulgate such rules and regulations as may be necessary
to carry out the provisions of this section.
No license shall be construed as permitting or authorizing any
immoral, indecent or unlawful exhibition or performance, and the giving
of any immoral, indecent or unlawful exhibition or performance shall
operate to revoke the license under which or to the hall or other
place in which it is given and cause a forfeiture of the license fee
paid.
[Amended 12-18-1997 by L.L. No. 8-1997; 5-28-2013 by L.L. No. 4-2013]
Any violation of § 98-4B or C will result in the suspension of the entertainment license of a license holder for a period of up to six months. Any person violating the provisions of this article shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
[Adopted 12-18-1997 by L.L. No. 8-1997]
It shall be unlawful for any waitress, barmaid or any female
person to appear, work, entertain, act or display herself in any cabaret,
dance hall, bar, tavern, lounge, discotheque, restaurant and any other
public place in the City of Glens Falls, New York, clothed or costumed
in such a manner that the portion of her breast below the areola is
not covered with a fully opaque covering or in such a manner that
her genitals, pubic area or buttocks are not covered with a fully
opaque covering or by utilizing water or mud or the like applied to
clothing so as to accomplish a display of private areas not normally
or lewdly displayed.
It shall be unlawful for any male to appear, work, entertain,
act or display himself in any cabaret, dance hall, bar, tavern, lounge,
discotheque, restaurant and any other public place in the City of
Glens Falls, New York, clothed or costume in such a manner that his
genitals, pubic area or buttocks are not covered with a fully opaque
covering or by utilizing water or mud or the like applied to clothing
so as to accomplish a display of private areas not normally or lewdly
displayed.
It shall be unlawful for any person to knowingly conduct, allow the operation of, maintain, own, lease, manage or operate any cabaret, dance hall, bar, tavern, lounge, discotheque, restaurant and any other public place in the City of Glens Falls, New York, where a female person or male person is not clothed, costumed or covered as required in §§ 98-7 and 98-8 of this article, as well as any allowed actions and/or activities which are designed to violate the sense of this article by various efforts which tend to violate the sense of this article but which are, perhaps, intended to circumvent the underlying intent of this article. The knowing use of closed-circuit television or movies or similar techniques intended to display the same violations previously enumerated shall be deemed an intentional violation of this article and shall be deemed a violation.
Any person, firm, corporation, management or promoter or those
who are knowingly involved in the violation of this article shall
be guilty of a violation and, upon conviction thereof, shall be fined
in an amount not to exceed $250 or imprisoned for a period not to
exceed 15 days, or both such fine and imprisonment.
