As used in this article, the following terms shall have the
meanings indicated:
No person, corporation, firm or other entity shall engage in
the business of operating a cabaret unless and until a cabaret permit
has been obtained pursuant to this article.
An application for a cabaret permit shall be made in writing
on forms provided by the Commissioner of Accounts and shall include
the following information:
A.
General information.
(1)
Name, address, and telephone number of the applicant(s).
(2)
Type of cabaret applied for and services provided to customers.
(3)
Location of the establishment by street address, with telephone number.
(4)
Name of the owner(s) of the property, address of the owner(s) and
telephone number(s).
(5)
The locations, together with a narrative description, of all fire
protection equipment to be used on the premises.
(6)
If applicable, the bars or other similar service locations where
alcoholic beverages will be served in the establishment.
B.
Insurance.
[Amended 11-5-2012; 2-5-2013]
(1)
A certificate of insurance for commercial general liability insurance,
including personal injury liability insurance, in the amount of $1,000,000
per occurrence and $2,000,000 aggregate, naming the City of Saratoga
Springs as an additional insured. The City shall be included as an
additional insured on said insurance for the permit process.
(2)
Proof of New York State statutory workers' Compensation and employers'
liability insurance for all employees, or a waiver of same as permitted
by law.
(3)
(Reserved)
(4)
If the applicant will employ security guards, proof from the New
York State Department of State, Division of Licensing Services, that
the applicant complies with the requirements of the Article 7-A of
the General Business Law relative to the employment of security guards.
C.
A fully executed hold harmless agreement, in a form satisfactory
to the City, by which the applicant shall indemnify and save harmless
the City and its agents and employees from and against all claims,
damages, loss and expense (including but not limited to attorney's
fees), arising out of or resulting from the licensed activity, sustained
by any person or persons, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
act or negligent act or omission of the applicant, or the applicant's
employees, agents or subcontractors.
D.
If the establishment will employ security guards:
(1)
Proof of registration and licensure from the New York State Division
of Criminal Justice Services that the applicant has a security guard
license authorizing the applicant to employ security guards at the
establishment.
(2)
The locations of any fixed stations for security guards to be maintained
at the establishment.
(3)
A description of a distinctive identifying uniform, emblem or other
identification to be worn on the person of all security guard personnel
at all times when employed on the premises. All such identification
must show the name of the establishment and must be in a form approved
by the Department of Public Safety.
(4)
Proof of New York State certification for all persons employed as
security guards, to be submitted within five business days of the
commencement of employment.
E.
Proof of all other certifications, licenses or authorizations required
under New York State law or regulations.
F.
Any additional information reasonably necessary for the Commissioner
of Accounts to review the application.
G.
The application shall also include a detailed set of plans which
shall show:
(1)
A floor plan indicating the location of all rooms, hallways, doors,
windows, reception areas, kitchen facilities, bathroom facilities,
and exits.
(2)
The location of the structure relative to the parcel or parcels of
land, and relative to adjacent streets, sidewalks, and public ways.
(3)
The location of any on-site parking facilities.
(4)
A narrative summary of all proposed uses on the premises.
A cabaret authorized and operated pursuant to this chapter shall:
A.
If applicable, prominently display at all times all licenses and
authorization issued by the New York State Liquor Authority for the
dispensing and sale of alcoholic beverages.
B.
If applicable, prominently display its license from the New York
State Division of Criminal Justice Services for the employment of
security guards on the premises.
C.
Prominently display at all times all licenses and authorizations
issued by the New York State Department of Health for the service
of food and drink.
The application for a cabaret permit shall be submitted to the
Commissioner of Accounts. Upon receipt, the Commissioner shall refer
the application to the Building Department, the Office of Risk and
Safety, and the Department of Public Safety for comments and recommendations.
The Building Department and the Department of Public Safety shall
have authority to impose such restrictions and/or modifications upon
the application that will ensure compliance with all applicable laws
and regulations of the State of New York and of the City of Saratoga
Springs.
Upon the completion of all reviews by the Building Department,
the Office of Risk and Safety, and the Department of Public Safety
and upon determining that the provisions of this article have been
complied with, the Commissioner of Accounts shall have authority to
issue a cabaret permit. The Commissioner shall also have authority
to impose reasonable conditions in the public interest upon any cabaret
permit issued. Any conditions imposed shall be plainly noted on or
attached to the issued cabaret permit. Each cabaret permit shall indicate:
the name of the establishment, the name of the applicant, the fee
paid, the type of establishment, the location of the establishment,
the expiration date of the permit, the date of issue, the signature
of the Commissioner of Accounts, the date of fire inspection, and
the number of the health certificate issued to the establishment.
Fees for permits under this article shall be as follows:
A.
Cabaret, all: $150.
