[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 5-20-1975
as L.L. No. 5-1975 (Ch. 57A of the 1968 Code of the Village
of Lindenhurst). Sections 145-2, 145-4A, 145-4B(1) and (3), 145-5, 145-6,
145-14B, 145-18F and 145-19 amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
It is hereby declared the policy of the Village of Lindenhurst that,
in order to preserve public peace and good order and to safeguard the health,
safety, welfare and morals within the Village, it is necessary to regulate
and control the operations and conduct of places of public assembly conducted
as cabarets, bars or lounges, dance halls and discotheques so as to fix certain
responsibilities and duties of persons owning, operating or controlling such
establishments.
For the purpose of this chapter, the following words and phrases shall
have the following definitions:
- APPLICANT
- Any person applying for a license under this chapter.
- BARS AND/OR LOUNGES
- 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.
- CABARET
- Any place of public assembly in which the business of directly or indirectly selling or serving food or 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.
- DANCE HALL
- 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.
- DISCOTHEQUES
- Any place of public assembly in which the business of directly or indirectly selling and/or serving food, drinks and/or 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.
- LICENSE
- A permit issued in accordance with this chapter.
- PERSON
- An individual, partnership, club, corporation, association, society or any other organized group of persons, including the officers, directors, stockholders and trustees of a club, corporation, association or society.
- PLACE OF PUBLIC ASSEMBLY
- Any room, place or space used for gathering 50 or more persons which is occupied or arranged to be occupied for public 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.[1]
- RESTAURANT
- Any place of public assembly in which the business of directly or
indirectly selling and/or serving food, drinks and/or beverages to the public
is conducted.[Added 8-28-1985 by L.L. No. 7-1985]
The Licensing Officer of the Village, in connection with this chapter,
shall have the following functions, powers and duties in addition to those
provided in any other law, ordinance, rule or regulation:
A.
To issue or refuse to issue any license or permit provided
by this chapter.
B.
To revoke, cancel or suspend for cause any license or
permit issued under this chapter.
C.
To inspect or provide for the inspection of any place
of public assembly at any reasonable time.
D.
To prescribe forms of applications for licenses or permits
under this chapter and for all reports which he deems necessary to be made
by any licensee, permittee or applicant.
E.
To hold hearings, subpoena witnesses, compel their attendance,
administer oaths to examine any person under oath and, in connection therewith,
to require the production of any books or papers relative to the inquiry and
to otherwise fully enforce this chapter.
G.
By applying for a permit under this chapter, all applicants
shall submit to the jurisdiction of the Licensing Officer and shall promptly
comply with all rules and regulations promulgated by the Licensing Officer,
permit all inspections, provide all information and otherwise cooperate with
the intent and specifications of this chapter.
[Added 8-28-1985 by L.L. No. 7-1985]
A.
It shall be unlawful for any person to conduct, maintain
or operate or engage in the business of conducting, maintaining or operating
a cabaret, bar and/or lounge, restaurant, dance hall or discotheque establishment
within the Village, unless the premises wherein the same is conducted, maintained
or operated are licensed in the manner prescribed herein, except that this
prohibition shall not apply to any person who is conducting, maintaining or
operating or engaging in the business of conducting, maintaining or operating
a cabaret, bar and/or lounge, dance hall or discotheque establishment within
the Village.
B.
A license shall be issued for a place of public assembly
operated as a cabaret, bar and/or lounge, dance hall or discotheque only after
the Licensing Officer:
(1)
Shall have caused an inspection to be made of the premises
to be licensed and is satisfied that such premises comply with all the laws
and ordinances that may be applicable thereto, including any rules and regulations
promulgated thereunder and such laws, rules or regulations enforceable by
any governmental authority.
(2)
Is satisfied that the premises to be licensed is a safe
place to be used as such establishment.
(3)
Is satisfied that the applicant is a fit and proper person,
not having been convicted of a felony or misdemeanor which, in the opinion
of the Licensing Officer, renders the applicant an improper person to hold
a public assembly license. All applicants shall, at their cost and expense
and at the direction of the Licensing Officer, submit such information and
fingerprints to permit a search to be done of the records maintained by the
appropriate law enforcement agencies of the applicant's prior criminal
record, if any. Not less than 14 days prior to the decision on any new application,
a notice in the official newspaper shall be published inviting public comment
upon the proposed application to be forwarded to the Licensing Officer.
(4)
Shall determine compliance with § 193-192 of this Code. Any premises presently operating as a cabaret, dance hall, discotheque, restaurant, bar or lounge, which shall cease to so operate for 90 consecutive days after the effective date of this chapter, shall be required to meet all requirements of this chapter as it then exists.
[Amended 12-8-1981 by L.L. No. 12-1981; 8-28-1985
by L.L. No. 7-1985]
(5)
Shall determine that the proposed use is reasonable,
necessary and will be in harmony with and promote the general interest and
welfare of the surrounding community; that the neighborhood character and
surrounding property values are reasonably safeguarded and conserved; that
the proposed use will not prevent the orderly and reasonable use of adjacent
properties; and that the site is particularly suitable for the location of
such a use in the community.
[Added 12-8-1981 by L.L. No. 12-1981]
(6)
Shall determine that access facilities are adequate for
the estimated traffic from public streets, so as to assure the public safety
and to avoid traffic congestion.
[Added 12-8-1981 by L.L. No. 12-1981]
(7)
Shall determine the availability of adequate and proper
public or private facilities for the removal of refuse or other wastes that
may be caused or created by or as a result of the use; whether the use or
materials incidental thereto or produced thereby may give off obnoxious gases,
odors, smoke or soot; and whether the use will cause disturbing emissions
of electrical discharges, dust, light, vibration or noise. The Licensing Officer
may specify the hours and frequency of refuse pickup at the licensed premises.
[Added 12-8-1981 by L.L. No. 12-1981; 8-28-1985
by L.L. No. 7-1985]
(8)
Shall determine whether the operations in pursuance of
the use will cause undue interference with the orderly enjoyment by the public
of parking or of recreational facilities, if existing or if proposed by the
Village or by other competent governmental agency.
[Added 12-8-1981 by L.L. No. 12-1981]
(9)
Shall determine whether a hazard to life, limb or property
because of fire, flood, erosion or panic may be created by reason or as a
result of the use or by the structures to be used therefor or by the inaccessibility
of the property or structures thereon for the convenient entry and operation
of fire and other emergency apparatus or by the undue concentration or assemblage
of persons upon such plot.
[Added 12-8-1981 by L.L. No. 12-1981]
(10)
Shall determine whether the plot area is sufficient,
appropriate and adequate for the use and the reasonably anticipated operation
and expansion thereof.
[Added 12-8-1981 by L.L. No. 12-1981]
(11)
Shall determine whether the use to be operated is unreasonably
near to a church, school, theater, recreational area or other place of public
assembly.
[Added 12-8-1981 by L.L. No. 12-1981]
(12)
Shall determine that the proposed use and the structures
used therefor will in all respects comply with all applicable Village laws,
codes and ordinances and those of any other competent governmental agency.
[Added 12-8-1981 by L.L. No. 12-1981]
C.
Application information.
(1)
[Amended 1-6-1976 by L.L. No. 2-1976; 8-28-1985
by L.L. No. 7-1985] In addition to such other information
that the Licensing Officer may determine shall be furnished in any application
for a place of public assembly operating as a cabaret, bar and/or lounge,
restaurant, dance hall or discotheque establishment, the following information
shall be given:
(a)
The name, age and residence address of each applicant
and, if there are more than one and they are partners, the partnership name
and the age and residence address of each partner.
(b)
If such applicant is a stock corporation, the name of
the corporation, the names and residence addresses of its directors or other
governing body, the names and residence addresses of its officers and the
stockholders and the state under the laws of which it is organized.
(c)
The premises to be licensed stating the street and number,
if the premises has a street and number, and, otherwise, such description
as will reasonably indicate the locality thereof.
(d)
The name and address of the owner of the building or
premises wherein or whereon the licensed premises is located.
(e)
Whether the applicant is a lessee and, if so, the name
and residence address of the lessor and the lessor's and/or owner's
written assent to the application under this chapter.
(f)
The name and residence address of each person interested
or to become interested in the business covered by the license for which the
application is made, together with the nature of such interests.
(g)
The nature of the applicant's interest in the business
covered by the license for which application is made and the name of any other
person, either as principal or associate, interested in the licensed premises
or in the business to be covered by the license applied for.
(h)
That the person applying for a license has not been convicted
of any crime, misdemeanor or violation of any local law or municipal ordinance,
and, if the person has been convicted, the nature of the crime or violation,
the court where convicted and the date of the penalty assessed or sentence
imposed.
(2)
If there is any change, after the granting of a license,
in any of the facts required to be set forth in such application, a supplemental
statement giving notice of such change, duly verified, shall be filed with
the Licensing Officer within 10 days after such change. Failure to do so shall
be cause for suspension or revocation of the license. In giving any notice
or taking any action in reference to a licensee or licensed premises, the
Licensing Officer or Building Inspector may rely upon the information furnished
in such application and in any supplemental statement connected therewith,
and such information may be presumed to be correct and shall be binding upon
a licensee or licensed premises as if correct. This supplemental statement
may be waived by the Licensing Officer, in his discretion, to any corporation
with regard to stockholders holding less than 10% of the issued stock.
[Amended 1-6-1976 by L.L. No. 2-1976; 8-28-1985
by L.L. No. 7-1985; 6-16-1992 by L.L.
No. 2-1992]
A.
The term of a license shall be for a period of one year,
commencing with the date of issuance and terminating one year thereafter.
B.
Any license issued pursuant to this chapter may be renewed
upon the filing of an affidavit with the Licensing Officer, on a form to be
provided by him/her, in which the applicant shall affirm that there has been
no change in the information provided by him/her in the original application;
and, if there has been a change, such change(s) must be listed on the renewal
affidavit.
[Amended 1-6-1976 by L.L. No. 2-1976; 8-28-1985
by L.L. No. 7-1985; 11-1-1988 by L.L.
No. 10-1988; 6-16-1992 by L.L. No. 2-1992; 3-18-2003
by L.L. No. 3-2003]
A fee and an occupancy schedule, as established by resolution of the
Village Board, shall accompany each application for a public assembly license.
[Amended 8-28-1985 by L.L. No. 7-1985]
The Licensing Officer may waive the payment of the fees established
by this chapter for any applicant which is a not-for-profit fraternal, veteran
or service organization whose activities are deemed to be beneficial to the
public welfare by the Licensing Officer.
[Amended 1-6-1976 by L.L. No. 2-1976]
No fee or any part thereof shall be returnable if a license is suspended,
revoked or denied.
[Amended 8-28-1985 by L.L. No. 7-1985]
If the Licensing Officer shall disapprove an application for a license
under this chapter, the Licensing Officer shall cause to be endorsed upon
such application his disapproval thereof and shall attach thereto a statement
of his reasons therefor. The Licensing Officer shall thereafter notify the
applicant of such action by regular mail. Review of any action by the Licensing
Officer shall be to the appropriate court of competent jurisdiction in the
County of Suffolk, State of New York.
The Licensing Officer, after a hearing, upon not less than seven days'
notice, at which the licensee shall be given an opportunity to be heard, may
suspend or revoke any license issued, in his discretion, for any of the following
causes:
A.
A person licensed hereunder making any material misrepresentation
in the application for license.
B.
Violation of any provision of this chapter.
C.
Violation of any law, ordinance, rule or regulation applicable
to the licensed premises or enforceable by any governmental authority.
D.
Conviction of any crime.
E.
Failure to provide for the health, safety or welfare
of any persons frequenting the licensed premises.
F.
Any series of occurrences which cumulatively has the
effect of disturbing the tranquility of the Village or a part thereof or which
causes reasonable apprehension of there being a disturbance of such tranquility.
G.
Other good cause.
[Added 8-28-1985 by L.L. No. 7-1985]
The Licensing Officer may suspend a public assembly license for the
period of time between the notice of hearing and the hearing date set forth
therein when the Licensing Officer, in his discretion, perceives an immediate
threat to the public's health, safety, morals and/or welfare from the
continued operation of the premises prior to the hearing. Said preliminary
suspension shall not exceed 14 days unless extended after notice and hearing.
[Amended 8-28-1985 by L.L. No. 7-1985]
Upon a license for premises hereunder being suspended or revoked, it
shall be unlawful to use or occupy any portion of said premises as a cabaret,
bar and/or lounge, restaurant, dance hall or discotheque during such period
of suspension.
The Licensing Officer shall send notice of the suspension or revocation
to the person licensed hereunder and shall cause to be attached thereto a
statement of his reasons therefor.
Any notice to be given by the Licensing Officer under this chapter shall
be deemed to have been duly given when:
A.
Served personally upon the licensed person or sent by
registered or certified mail addressed to his residence.
B.
In the case of a corporate licensee, served personally
upon an officer of said corporate licensee or sent by registered or certified
mail addressed to an officer thereof at his residence, together with a copy
of the notice by ordinary mail to the address of the licensed premises.[1]
C.
Served in any manner otherwise specifically provided
in this chapter or in any other lawful manner, including but not limited to
service upon a person of suitable age and discretion at the licensed premises
or the home address of the licensee or a principal thereof or in any other
manner set forth in the Civil Practice Law and Rules of the State of New York
for the commencement of an action.
[Amended 8-28-1985 by L.L. No. 7-1985]
Each license issued hereunder shall be kept conspicuously posted at
the main entrance of every place licensed hereunder. It shall be unlawful
to remove, deface or alter such license.
No license issued under the provisions of this chapter shall be transferred
or assigned to any person or used by any person other than the licensee to
whom it was issued, nor shall such license be used on any location other than
the location stated in such license.
[Amended 1-6-1976 by L.L. No. 2-1976]
A.
The number of persons permitted to occupy a place of
public assembly operated as a cabaret, bar and/or lounge, restaurant, dance
hall or discotheque shall be determined as follows: 15 square feet of usable
floor area per person. "Usable floor area" shall mean the areas of these spaces
generally used or occupied by the public for public assembly purposes. For
the purpose of this section, "usable floor area" shall not include such areas
as kitchens, office space, bandstands, storage areas, closets, restrooms and
areas behind the bar.
[Amended 8-28-1985 by L.L. No. 7-1985]
B.
Upon issuing a public assembly license, the Licensing
Officer shall also issue an occupancy card, which shall clearly state the
maximum number of persons permitted to occupy the premises pursuant to this
section. If the premises has more than one room used or occupied for public
assembly purposes, then one card shall be issued for each room. The card(s)
must be kept conspicuously posted inside the premises of every place licensed
hereunder. It shall be unlawful to remove, deface or alter such occupancy
card(s).
Every person holding a license under this chapter and every place of
public assembly shall comply with the following provisions. Violation of any
of these provisions shall be unlawful.
A.
No light on any part of premises licensed hereunder or
on any place of public assembly shall be permitted to shine beyond the property
line of the premises. All exterior lights on such premises shall be equipped
with shielding devices so that the glow emanating therefrom shall be directed
only on and toward such premises.
B.
All garbage, rubbish and other refuse shall be stored
until removed at the rear of the premises in watertight receptacles securely
covered. Such receptacles shall be maintained in a sanitary condition. No
garbage, rubbish or other refuse shall be removed from the premises between
the hours of 6:30 p.m. and 7:00 a.m.
C.
No soot, cinders, smoke, noxious acids, fumes, gases
or disagreeable or unusual odors shall be permitted to emanate from the premises
so as to be detrimental to any person or to the public or which either annoys,
disturbs, injures, endangers or may have a tendency to annoy, disturb, injure
or endanger the comfort, repose, health, peace or safety of any person or
the public.
D.
At no time shall music be played, either by mechanical
device or live performance, in a manner which either annoys, disturbs, injures,
endangers or tends to annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of any person or the public.
E.
No loud, unnecessary or unusual noise or any noise shall
be permitted to be made, continued or caused to be made or continued which
either annoys, disturbs, injures or endangers or tends to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of other persons
or the public.
F.
Every place of public assembly shall comply with the
provisions of the New York State Uniform Fire Prevention and Building Code,
together with any other rules or regulations enforceable by any governmental
authority.
Any person who shall violate any provisions of this chapter or any of
the rules and regulations adopted by the Board of Trustees pursuant to this
chapter shall be guilty of an offense punishable by a fine of not less than
$100 and not more than $1,000 for each day the offense shall continue.
A.
Whenever any provisions of this chapter shall conflict with any provision of Chapter 61, Public Dances, of the Lindenhurst Village Code, the more restrictive provisions shall apply.
B.
Any place of public assembly whose primary business is as a billiard room or bowling alley shall be licensed by the Village of Lindenhurst under the provisions of Chapter 29, Amusements, of the Village Code and shall not be required to comply with the provisions of this chapter, with the exception of § 145-18. However, each such place shall register with the Licensing Officer, on a form to be provided by him/her, as a place of public assembly. There shall be no fee charged for such registration.
[Added 1-6-1976 by L.L. No. 2-1976]
