[HISTORY: Adopted by the Board of Trustees of the Village
of Westhampton Beach 5-4-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
A.
Entertainment, as defined in Subsection B, shall be prohibited in all zoning districts of the Village of Westhampton Beach, unless there is a valid permit in effect issued pursuant to the provisions of this chapter.
B.
"Entertainment" is defined as any activity conducted for the primary
purpose of diverting or entertaining a clientele in a premises open
to the general public. Such activity shall include, but shall not
be limited to, dancing, whether by performers or patrons of the establishment,
live musical performances, instrumental or vocal, when carried on
by one or more persons or whenever amplified; musical entertainment
provided by a disc jockey or karaoke, or any similar entertainment
activity involving amplified, reproduced music; and live performances
such as stand-up comedy. For the purpose of this chapter, the term
"entertainment" shall not include:
A.
Conditions. Applicants may apply for an entertainment permit to allow
entertainment in their establishment, provided they can meet the following
conditions:
(2)
The entertainment must be accessory to the standard restaurant use
and must not alter the existing character of the standard restaurant
use.
(3)
If the standard restaurant serves alcoholic beverages:
(a)
The applicant must submit a copy of the State Liquor Authority
license for the premises to the Board of Trustees, along with any
plans and diagrams on file with the State Liquor Authority in connection
with the license;
(b)
There shall be no substantial alteration of the premises as
such term is defined in 9 NYCRR 47.7(d) in order to accommodate the
entertainment; and
(c)
All requirements of the Alcoholic Beverage Control Law, the
regulations adopted pursuant to it, and the conditions of any permit
issued by the State Liquor Authority shall be followed.
(4)
The property must be located within the B-1, B-2, B-3 or HC Zoning
Districts.
(5)
All entertainment shall be conducted inside the business establishment.
(6)
The entertainment will not interfere with or prevent the orderly
and reasonable use of adjacent properties.
(7)
The entertainment will not impair the peace and comfort of adjacent
properties.
(8)
Entertainment in the B-1, B-2 or B-3 Zoning Districts will be permitted
only between the hours of 2:00 p.m. and 12:00 midnight.
(9)
Entertainment in the HC Zoning District will be permitted only between
the hours of 4:00 p.m. and 10:00 p.m.
(11)
There shall be adequate parking.
B.
Procedures for issuance of permit. The Board of Trustees may issue
an entertainment permit subject to the following procedures:
(1)
An application for a permit shall be filed yearly with the Board
of Trustees. The deadline for application for the summer season (Memorial
Day to Labor Day) is February 1st. Application submission after this
date cannot guarantee permit issuance by the start of the summer season.
(2)
If the applicant is not the property owner, the application shall
be accompanied by an affidavit, signed by the property owner, sworn
to under oath, which authorizes the applicant to conduct the specific
type of entertainment sought upon the property. The form will also
contain the property owner's name, permanent address, and telephone
number.
(3)
A permit shall only be issued to the owner or tenant of the property
for which the permit is sought.
(4)
An entertainment permit shall be effective from the date of issuance
until December 31 of the year issued.
(5)
A public hearing on the initial (special exception) permit application
shall be held by the Board of Trustees.
(6)
The Board of Trustees may waive the requirement for a public hearing
on the renewal of the permit, provided that the renewal application
is the same as the original application. If the renewal application
contains only minor changes, the Board of Trustees may waive the requirement
for a public hearing.
(7)
Before acting on any application, the Board of Trustees shall receive
and review reports and recommendations submitted by the Planning Board
and Police Department. The Board of Trustees may also request additional
information from the Village Engineer or any other consultant or professional,
and if the Board of Trustees requests such additional information,
the cost thereof shall be paid by the applicant prior to any determination
by the Board of Trustees.
(8)
It shall be the obligation of the holder of the permit to ensure that the conditions set forth in § 80-2A are complied with.
(9)
The Board of Trustees may, in its sole discretion, limit any permit
to specific days.
(11)
Before acting on an application for renewal, the Board of Trustees
shall receive and review a report from the Police Department. The
Board of Trustees may, in its sole discretion, deny the renewal of
any permit based upon a violation or violations of the permit conditions
occurring in the prior year, or if the Board of Trustees determines
that the permit is in conflict with another permit or permits issued.
The failure of the Board of Trustees to deny renewal of a permit based
upon a violation or violations shall not be a waiver of the Board's
right to deny renewal.
(12)
The filing fee for the permit shall be determined from time to time
by resolution of the Board of Trustees.
Nothing herein shall prohibit the Board of Trustees from issuing
special permits for entertainment, as defined in this chapter, to
organizations sponsoring short-term or special events, provided that
the event meets the following criteria:
A.
The event shall be part of a program sponsored by a bona fide not-for-profit
commercial or mercantile organization, herein referred to as the "sponsoring
organization," which has been actively in existence for at least one
continuous year prior to an application hereunder.
B.
Any special permit shall be for no greater period of time than two
consecutive days, with appropriate provisions for alternate days because
of inclement weather, with hours subject to the approval of the Board
of Trustees.
C.
The sponsoring organization shall pay a fee fixed and established
from time to time by resolution of the Board of Trustees for each
permit issued.
D.
The sponsoring organization shall include, with its application,
the following information:
A.
Revocation. If a violation of this chapter or any conditions hereof,
including any special conditions of a permit issued hereunder, is
noted by the Code Enforcement Officer, Police Department or Highway
Department, they shall send a report to the Village Clerk indicating
the date, time and location of said violation. The Village Clerk shall
send notice to the property owner and tenant (if any) informing them
of the alleged violation. Notice of a second violation to the property
owner and tenant will cause the property owner and/or tenant to be
directed to appear before the Board of Trustees and may result in
revocation of the entertainment permit. The property owner and/or
tenant may provide testimony as to why a permit shall not be revoked.
The permit shall be revoked unless the Board of Trustees finds, in
its sole discretion, that adequate measures have been taken and will
be taken to ensure that there is no reasonable possibility of further
violations. A permit holder's failure to appear before the Board
of Trustees shall automatically result in permit revocation.
B.
In addition to the foregoing remedy of revocation, each violation of the provisions of this chapter, including the violation of any conditions in § 80-2A or any special conditions of a permit issued hereunder, shall constitute a separate offense punishable by a fine not less than $250 but not to exceed $500 for the first offense and $1,000 for each subsequent offense. Each day the violation continues shall constitute a separate offense.
