[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). 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:
Any person applying for a license under 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.
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.
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 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.
A permit issued in accordance with this chapter.
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.
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
[Amended 8-28-1985 by L.L. No. 7-1985; 6-16-1992 as L.L. No. 2-1992]
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.
[Amended 8-28-1985 by L.L. No. 7-1985; 6-16-1992 as L.L. No. 2-1992]
(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.
[Amended 8-28-1985 by L.L. No. 7-1985; 4-18-1989 by L.L. No. 2-1989; 6-16-1992 as L.L. No. 2-1992]
(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.
[Added 1-6-1976 by L.L. No. 2-1976; 6-16-1992 as L.L. No. 2-1992]
[Amended 1-6-1976 by L.L. No. 2-1976; 6-16-1992 as L.L. No. 2-1992]
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]
