[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:
A. 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.
B. 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.
C. 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.
D. Exhibitions
of fireworks shall belong to and be known as entertainments of the
Fourth Class.
E. 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.
F. 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.
G. 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.
H. All
public pool, billiard and bowling places, alleys and rooms, so-called
belong to and be known as entertainments of the Eighth Class.
I. All
baseball, basketball and football games shall belong to and be known
as entertainments of the Ninth Class.
J. 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.
K. 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.
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.
A. 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.
B. 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.
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.
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.
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.
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.
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.
A. 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.
B. 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.
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.
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.
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.
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.
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.
This chapter shall become effective 10 days after first publication
and posting thereof.