[HISTORY: Adopted by the Town Board of the Town of Rye 3-17-1970. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any room, place or space in the Town of Rye in which any
musical entertainment, singing, dancing or other similar amusement
is permitted in connection with the restaurant business or the business
of directly or indirectly selling to the public food or drink.
Any room, place or space in the Town of Rye in which dancing
is carried on and to which the public may gain admission, either with
or without the payment of a fee, excepting, however, premises owned,
occupied or used by a religious, charitable, eleemosynary institution
or educational corporation or institution.
Any dance or ball of any nature or description to which the
public may gain admission.
Referred to herein are as defined in the Zoning Ordinance
of the Town of Rye.[1]
No person, firm or corporation shall conduct, maintain or operate,
or engage in the business of conducting, maintaining or operating,
in the unincorporated area of the Town of Rye, a public dance hall
or a cabaret unless the premises wherein the same is conducted, maintained
or operated are licensed in the manner prescribed by this chapter.
A membership corporation, club, association or society which
permits musical entertainment, singing, dancing or other form of amusement
in premises wherein food or drink is directly or indirectly sold to
its members, or their guests, or to the public, shall be subject to
the conditions and provisions of this chapter.
The license prescribed by this chapter shall be issued by the
Rye Town Clerk who shall keep a record thereof. Application for such
license shall be made on a form containing such information as may
be determined by the Town Board. The fee for each such license shall
be $100 for each year or fraction thereof. All licenses issued between
the first day of April and the 30th day of September, inclusive, of
any year shall expire on the 31st day of March of the succeeding year;
and all licenses issued between the first day of October and the 31st
day of March, inclusive, shall expire on the 30th day of September
following. There shall be kept posted at the main entrance of every
place licensed pursuant to this chapter a certificate of such license.
No such license shall be issued unless the place for which it is issued
complies with all laws and ordinances and with the rules and regulations
of the Building Department, the Police Department, Fire Department
and the Westchester County Health Department, and, in the opinion
of the Town Board, is a safe and proper place to be used as a public
dance hall, cabaret or club, and the person or persons seeking such
license is or are deemed by the Town Board to be fit or proper persons,
and the license shall state "This license is revokable" on the face
thereof and shall be issued only upon the payment of the fee therefor.
No music shall be played or dancing permitted on premises licensed
by this chapter between the hours of 1:00 a.m. and 1:00 p.m. on mornings
of days following Saturdays, holiday eves and holidays. No person
other than proprietors or employees shall be permitted to remain in
such premises between the hours of 3:00 a.m. and 8:00 a.m. on such
days, except that nothing herein contained shall prevent regular guests
of hotels, or overnight or permanent guests of clubs from remaining
on such premises at all times. On all other days no music shall be
played or dancing permitted between the hours of 1:00 a.m. and 1:00
p.m., except that in residential districts no music shall be played
or dancing permitted between the hours of 12:00 midnight and 1:00
p.m. No persons other than proprietors or employees, or overnight
or permanent guests, shall be permitted to remain in such premises
between the hours of 2:00 a.m. and 8:00 a.m. except that in residential
districts no persons other than employees, or overnight or permanent
guests, shall be permitted to remain on the premises between the hours
of 1:00 a.m. and 8:00 a.m. The Town Board in its discretion may permit
any premises licensed pursuant to this chapter to be open to the public
between such hours on special occasions.
A license may be revoked by the Town Board for any violation
of law or upon the grounds that disorderly, obscene or immoral conduct
is permitted on the licensed premises, or said license may be revoked
for other good cause. The Town Clerk, upon direction of the Town Board,
shall cause to be served upon such parties as they may deem to be
interested therein such reasonable notice as they may determine to
be proper of its intention to revoke such license. There shall be
included in or attached to such notice a statement of the facts constituting
the violation charged. Such parties shall be entitled to a hearing
before the Town Board.
No license shall be issued until the Town Board shall have caused
an inspection to be made of the premises to be licensed, and until
the Town Board is satisfied that such place complies with all laws
and ordinances of the Town and the rules and regulations of all departments
of the Town, and that the person or persons seeking such license is
or are fit and proper persons. The Town Board shall also cause to
be made such inspection as may be necessary to ascertain whether the
places licensed are maintained in compliance with law. For the purpose
of facilitating the inspection prescribed by this section, the Town
Board is authorized to call upon the head of any department of the
Town, and such department and its employees shall make such inspection
as may be required. The Town Board and the employees of any department
assigned to make inspections under this chapter shall be permitted
to have access to all public halls and cabarets at all reasonable
times.
Pending the investigation of any application and the final disposition thereof, the Town Board is hereby authorized to issue a temporary thirty-day permit, which may be renewed from time to time, upon such terms and conditions as may be fixed by the Town Board. A fee of $10 shall be paid for each such temporary permit. A temporary permit may be revoked in the manner set forth in § 17-6 of this chapter.
No public dance hall shall be leased or hired out, and used,
for the purpose of holding a public dance or ball unless the person,
association or corporation intending to hold such public dance or
ball shall apply for and receive from the Town Board a permit to hold
same. Such permit shall be issued only upon condition that the dance
or ball shall be held in accordance with the rules and regulations
adopted by the Town Board. Such Town Board is authorized to adopt
reasonable rules and regulations for the holding of such public dances
and balls, and for the purpose of preventing thereat any disorderly
or immoral behavior or conduct calculated to disturb the public peace
or safety. Application for such permit shall be made to the Town Board
upon such forms as it may prescribe. A fee of $10 shall be paid for
each such permit. Such permit may at any time be revoked by the Town
Board in case it appears probable that the public dance or ball for
which permit has been issued will not be conducted in accordance with
such rules and regulations. Permits granted under this section shall
be subject to the closing hours heretofore set forth unless an exception
is specifically granted in the permit.
This chapter shall become effective 10 days after first publication
and posting thereof.
