[HISTORY: Adopted by the Board of Trustees of the Village
of Avon 12-2-1975 by L.L. No. 2-1975. Amendments noted where applicable.]
It is hereby declared the policy of the Village of Avon, State
of New York, that in order to preserve public peace and good order
and to safeguard the health, safety, welfare and morals within the
area of the Village of Avon, it is necessary to regulate and control
the operations and conduct of places of public assembly conducted
as cabarets, bars or lounges, dance halls, discotheques or the like
so as to fix certain responsibilities and duties of persons owning,
operating or controlling such establishments and employed therein.
As used in this chapter:
Any place of public assembly in which the business of, directly
or indirectly, selling and/or serving drink to the public is conducted
and in which any musical entertainment, singing, dancing in a designated
area or other form of amusement is also permitted, and shall include
such a room, place or space which provides incidental musical entertainment
devices with or without dancing.
Any place of public assembly in which the business of, directly
or indirectly, selling or serving food, drink or alcoholic beverages
to the public is conducted and in which any musical entertainment,
singing, dancing in a designated area or other form of amusement is
also permitted and shall include such a room, place or space which
provides incidental musical entertainment by mechanical devices with
or without dancing.
Any place of public assembly in which dancing is carried
on and to which the public may gain admittance either with or without
the payment of a fee.
Any place of public assembly in which the business of, directly
or indirectly, selling and/or serving food, drinks and/or alcoholic
beverages to the public is conducted, in which dancing is carried
on by any musical entertainment and to which the public may gain admission
either with or without the payment of a fee.
An individual, partnership, club, association, corporation,
society or any other organized group of persons and shall include
officers, directors, stockholders and trustees of a club, corporation,
association or society.
Any room, place or space which is occupied or arranged to
be occupied for recreational, amusement, social, sports or similar
purposes, or any building, shed or enclosure, whether indoor or outdoor,
coming within the occupancy and other similar classifications of this
section, as determined by the officer charged with the enforcement
of this section. For the purposes of interpretation, the term "public
assembly," where used in this law, shall include the term "public
assembly" or "assembly," as may be used in other codes, laws, ordinances,
rules or regulations, as may be applicable in the Village of Avon.
A.
Exposure by individuals. It shall be unlawful for a female to expose
that portion of her breast below the top of the areola or to appear
before or come in contact with patrons with the portion of her breast
below the top of the areola not covered with a fully opaque covering,
or for any person, male or female, to show the lower part of the torso
uncovered or so thinly covered or draped as to appear uncovered, or
to appear in any scene, sketch, act or entertainment with breasts
(in case of female) or the lower part of the torso uncovered or so
thinly draped as to appear uncovered.
B.
Promoting exposure. It shall be unlawful for any person conducting,
maintaining or operating a cabaret, bar and/or lounge, dance hall
or discotheque establishment, or any other place of public assembly
within the Village of Avon, to suffer or permit any waitress, barmaid,
entertainer or other person who comes in contact with or appears before
or is likely to come in contact with or appear before patrons with
breasts uncovered in such a manner that the portion of the breast
below the top of the areola is not covered with a fully opaque covering,
or the lower part of the torso uncovered or so thinly covered or draped
as to appear uncovered, or to appear in any scene, sketch, act or
entertainment with breasts or the lower part of the torso uncovered,
or so thinly draped as to appear uncovered. Reference to breasts in
this section refers to females only. Reference to the lower part of
the torso refers to both male and female.
Any person who shall violate any provision of this chapter shall
be guilty of a violation punishable by a fine not exceeding $250 or
imprisonment for a period not to exceed 15 days or both.
