Town of Rye, NY Amusements

[HISTORY: Adopted by the Town Board of the Town of Rye 5-31-1966. Amendments noted where applicable.]

For the purposes of providing for the regulation and licensing of theatric, dramatic and operatic entertainments, shows, amusements, field games and public exhibitions of every kind intended to amuse, instruct or entertain, where such entertainments, shows, amusements, games and exhibitions are given for gain, for admission to which a fee is charged, such entertainments, shows, amusements, games and exhibitions are divided into 11 classes, as follows:

All entertainments of theatrical, dramatic or operatic character, all lectures, readings or recitations, exhibitions of paintings or statuary or other exhibitions or art, all musical entertainments, shall belong to and be known as entertainments of the First Class.

All circuses, menageries or combined circuses and menageries, all caravans, sideshows, concerts, minstrel or musical entertainments given under a covering of canvas or within any structure or enclosure intended for temporary use and capable of easy travel and removal, all swings and itinerary shows such as lifting machines, blowing and striking machines, all other exhibitions and devices, all merry-go-rounds, revolving wheels, or other machines or apparatus carrying passengers, slides and all similar amusements, given, operated or performed in any given place or places in the Town shall belong to and be known as entertainments of the Second Class.

All poultry shows, stock shows, flower shows, dog shows, cat shows and all other shows or exhibitions of like character, all automobiles, locomobiles and horseless carriages of like nature shall belong to and be shown as entertainments of the Third Class.

Exhibitions of fireworks shall belong to and be known as entertainments of the Fourth Class.

All rinks or places where roller skating or ice skating is conducted or carried on as an amusement or where instruction is given in roller skating or ice skating shall belong to and be known as entertainments of the Fifth Class.

When several amusement enterprises, such as shooting-the-shoots, revolving wheels, merry-go-rounds, shooting galleries, giant swings, panoramas, musical and theatrical entertainments and various other devices or entertainments are carried on or conducted in any garden, park or other enclosure whether carried on or conducted as one enterprise or by several concessionaires and whether one admission fee is charged for all such entertainments or a separate fee is charged, such entertainment, enterprises and various entertainments offered and conducted shall be considered one enterprise and shall belong to and be known as entertainments of the Sixth Class.

All exhibitions of moving pictures known as mutoscope, kinetoscope, cinematograph or other like articles of moving picture devices, and all penny arcades, so-called, or similar entertainments, all museums of anatomy and exhibitions of monsters and freaks of nature shall belong to and be known as entertainments of the Seventh Class.

All public pool, billiard and bowling places, alleys and rooms, so-called belong to and be known as entertainments of the Eighth Class.

All baseball, basketball and football games shall belong to and be known as entertainments of the Ninth Class.

All places where motorscoots, motorcycles, automobiles or other motor-driven vehicles are operated as a business and/or for profit, except upon a public highway, shall belong to and be known as entertainments of the Tenth Class.

All other exhibitions, performances, entertainments or amusements not included in any of the foregoing classes shall belong to and be known as entertainments of the Eleventh Class.

§ 4-2 Amusements restricted to commercial districts.

The operation of amusement enterprises such as shooting-the-shoots, revolving wheels, merry-go-rounds, shooting galleries, giant swings, miniature trains, pony rides, panoramas, lifting machines, blowing and striking machines, machines or apparatus carrying passengers, motorscoots, motorcycles, automobiles or other motor-driven vehicles or devices operated as a business and/or for profit, and any other similar amusement, enterprise, device, machine or apparatus, by whatever name known, or called, shall be restricted to a commercial district, in the Town of Rye, as defined in the Zoning Ordinance of said township.

§ 4-3 License and fees required.

Entertainments within the Town of Rye, outside the Incorporated Village of Port Chester or Incorporated Village of Mamaroneck, County of Westchester and State of New York, hereinbefore referred to, shall be given only after the issuance by the Town Clerk, with the approval of the Town Board of said Town of Rye, of a license therefor, upon payment of the following license fee, applicable to the respective classes mentioned:

(1)

For entertainments of the First Class, $5 per day, or fraction thereof;

(2)

For entertainments of the Second Class, $100 per day, or fraction thereof;

(3)

For entertainments of the Third Class, $5 per day, or fraction thereof;

(4)

For entertainments of the Fourth Class, $5 per day, or fraction thereof;

(5)

For entertainments of the Fifth Class, $25 per day or fraction thereof;

(6)

For entertainments of the Sixth Class, $250 per year, or fraction thereof;

(7)

For entertainments of the Seventh Class, $100 per year, or fraction thereof;

(8)

For entertainments of the Eighth Class, $25 per year, or fraction thereof;

(9)

For entertainments of the Ninth Class, $100 per year, or fraction thereof;

(10)

For entertainments of the Tenth Class, $250 per year, or fraction thereof;

(11)

For entertainments of the Eleventh Class, the amount of the license fee to be charged shall be determined in each case by the Town Board at its discretion.

Where any entertainment, show, exhibition, performance, amusement or enterprise embraces two or more of the classes above enumerated, such entertainment, show, exhibition, performance, amusement or enterprise shall be classified and charged for a belonging wholly to that class for which the highest fee may be charged.

§ 4-4 License to be obtained for performances.

No entertainment, exhibition, or performance mentioned or included in any of the 11 classes specified and defined in this chapter shall be conducted, produced or presented for gain or profit other than from a duly licensed theater, opera house, hall, enclosure or place if a license is required in such theater, opera house, hall, or enclosure, without first procuring from the Town Clerk, license for that purpose, provided, however, that no license fee shall be charged for amateur athletic games.

§ 4-5 License to be displayed.

Every license issued under the provisions of this chapter, shall at all times for the term for which it is issued, be posted in a conspicuous place at or near the principal entrance of the premises described in such license so that the same may be easily seen and read by an person passing in and out of such premises.

§ 4-6 License subject to ordinances of Town.

Every license granted under the provisions of this chapter, and all privileges pertaining thereto, shall at all times be subject to the ordinances of the Town of Rye in effect when such license shall be issued or which shall be thereafter adopted so far as the same shall be applicable thereto.

§ 4-7 Restrictive provisions of license.

All licenses for entertainments where a license is required shall contain a provision that no gaming, lottery or chance, gift distribution of money or articles of chance shall be connected therewith or allowed by the person operating such place, or in any wise permitted or held out as an inducement to visitors; such license shall also state the number of persons such licensed theater, hall, building or place has accommodations for and no more than that number shall be allowed to occupy such theater, hall, building or place at any one time.

§ 4-8 Issuance of license; revocation.

All licenses herein provided for shall be procured from the Town Clerk and issued in the discretion of the Town Board and any such licenses may be revoked by said Town Board upon complaint after first holding a hearing. All licenses issued under this chapter shall expire on the 31st day of December next succeeding issuance. Each applicant shall, prior to the issuance of any license under this chapter, file with the Town Clerk a signed written application therefor giving such information as required by the Town Board.

§ 4-9 Noise restrictions.

No carousel or merry-go-round or similar device shall be operated with music accompaniment from 10:00 p.m. to 9:00 a.m.; no skating-rink machine having a sound-producing medium, or shooting gallery shall be operated at any time unless the noise therefrom shall be so muffled that the same shall not be carried a distance of more than 500 feet away.

Loudspeakers, announcing devices, horns or other noise-producing devices shall be operated at all times in such a manner so as not to disturb the occupants of the premises in the vicinity of the device and shall be so toned down, muffled or subdued so that the sound therefrom shall not carry more than 500 feet outside of the buildings or grounds on which the device is operated.

§ 4-10 Sound restrictions.

It shall be unlawful to operate a loud speaker, announcing device or horn for the purpose of advertising merchandise for sale or attracting patrons to a store or place of business by causing or permitting the sound therefrom to be transmitted outside of the said store or place of business into the public streets of the Town or for any other purpose within the unincorporated area of the Town of Rye.

§ 4-11 Hours of operation restricted.

All carousels, shows, exhibitions, entertainments, performances, pool, billiard and bowling places, alleys and rooms, or any other form of entertainment described or set forth under § 4-1, and licensed pursuant to this chapter, shall be closed during the period from 12:00 midnight until 9:00 a.m.

§ 4-12 Exceptions.

The provisions of this chapter shall not apply to or include picnics, bazaars, fairs and kindred amusements wherein the profit ensuing therefrom shall be for benefit of charity, a religious, benevolent society, public or private school, or for public benefit churches, organizations or churches, organized fire departments or United States Veterans of any and all former wars, including auxiliaries of such organizations. Provided, however, that if such churches, organizations of churches, organized fire department or United States Veterans of any and all former wars, including auxiliaries of such organizations, shall conduct any menageries, caravans, sideshows, carnivals in connection with or as a part of such picnic, bazaar, fair or kindred amusement, such as churches, organized fire department or United States Veterans of any and all former wars, including auxiliaries of such organizations shall be required to obtain the license and pay the fee required as provided in § 4-3.

§ 4-13 Penalties for offenses.

Any violation by person, firm, association, or corporation, of any of the provisions of this chapter, shall be and hereby is declared to be a misdemeanor, and upon conviction shall be subject to a fine of not to exceed $100 and an imprisonment in the Westchester County penitentiary of not to exceed six months, or both. Every day, or part thereof, that such violation shall continue, shall be deemed to be a separate and distinct violation of the provisions of this chapter.

§ 4-14 Validity.

The declaration of any portion of this chapter by a court of competent jurisdiction to be invalid shall not invalidate the entire ordinance but only that part thereof so declared to be invalid and the remainder of said ordinance shall remain in full force and effect.

§ 4-15 Effective date.

This chapter shall become effective 10 days after first publication and posting thereof.