[HISTORY: Adopted by the Town Board of the Town of Bedford 8-15-1972.
Amendments noted where applicable.]
This entire chapter shall be deemed an exercise of the police power
of the State of New York and of the Town of Bedford for the protection of
the economic and social welfare, health, peace and morals of the people of
the Town of Bedford, and all its provisions shall be liberally construed for
the accomplishment of that purpose.
A.
CABARET
EMPLOYEE
PERSON
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
An establishment of public resort, accommodation, assemblage, entertainment
or amusement where refreshments of any kind are served for gain or profit,
and/or dancing, entertainments or exhibitions are given or permitted in connection
therewith, or a place of public resort, accommodation, assemblage, entertainment
or amusement where exhibitions or other forms of entertainment or amusement
are given or conducted for gain or profit and dancing and serving of refreshments
of any kind are permitted. The term "cabaret" as used herein shall not include
establishments providing music either by mechanical device or by band or orchestra
for the entertainment of patrons and/or dancing by such patrons only.
A person employed in any capacity or title in connection with a cabaret,
including the licensee and any and all persons responsible for the control
or management thereof. It shall also include a concessionaire and each person
employed by such concessionaire.
Includes natural persons of either sex, firms, copartnerships and
corporations, whether acting by themselves or by a servant, agent or employee.
B.
Word usage. The singular number shall include the plural,
and the masculine pronoun shall include the feminine.
No person shall conduct, manage or operate a cabaret unless such person
shall have a valid and subsisting license so to do, obtained in the manner
herein provided.
[Amended 3-7-2006 by L.L. No. 2-2006]
A.
Any person desiring to procure a cabaret license shall
make application therefor to the Town Board upon a form to be furnished by
the Town Clerk, and which form shall be prescribed from time to time by the
Town Board:
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TOWN OF BEDFORD
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Application for Cabaret License
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1.
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Name and address of the applicant.
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2.
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State whether an individual, partnership or corporation.
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3.
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If a partnership, state the names of all persons having an interest
in the business.
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4.
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If a corporation, state the names of its officers.
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5.
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If an individual or partnership, state whether all persons sharing in
profit of business are citizens of the United States.
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6.
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State the names of such persons who are not citizens of the United States.
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7.
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If a corporation, give the names of each stockholder, together with
the number of shares of capital stock held by each.
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8.
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If a corporation, state whether all stockholders are citizens of the
United States.
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9.
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Give the names of any stockholders who are not citizens.
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10.
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State the names and addresses of all persons who hold mortgages, loans
or other forms or evidences of indebtedness in relation to the business.
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11.
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Proposed location of the cabaret.
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12.
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Nature of the entertainment or exhibition to be produced.
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13.
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Has the applicant or anyone owning an interest in the proposed cabaret
been convicted within one (1) year preceding the date of this application
of violating any ordinance or law relative to the sale of intoxicating liquor?
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14.
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Have any of said persons ever been convicted of violating any ordinance
or law relating to public morality and decency?
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15.
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Do the premises upon which the proposed cabaret is to be conducted comply
with the requirements of the Building Code and those relating to health and
sanitation?
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16.
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Do said premises comply with the requirements of the ordinance of the
Town of Bedford relating to and regulating cabarets, providing for the licensing
thereof, regulating the conduct of persons therein, defining offenses and
providing penalties for the violation thereof?
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17.
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State the names, addresses and dates of birth of all employees.
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State of New York)
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) ss.
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County of Westchester)
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............................., being duly sworn, deposes and says: I
am the ..........................., above-named applicant and make this affidavit
for the purpose of obtaining from the Town of Bedford a license to operate
a cabaret as provided in an ordinance relating to and regulating cabarets,
providing for the licensing thereof, regulating the conduct of persons therein,
defining offenses and providing penalties for the violation thereof. I have
personal knowledge of the matters stated in the foregoing application, and
the statements therein contained are true.
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....................................
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Sworn to before me this
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.....day of............, 20..
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.................................
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Notary Public, Westchester County
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B.
Said application shall be signed and duly verified by
the applicant before an officer authorized to administer oaths. No such applications
shall be granted to conduct such cabaret on premises which do not conform
to the requirements of this chapter and all laws and regulations of the State
of New York and all ordinances and regulations of the Town of Bedford.
A.
The Town Board, upon presentation of such application
and before acting upon the same, shall refer such application to the Department
of Police for a full investigation as to the truth of the statements contained
therein and as to any or all other matters which might tend to aid said Town
Board in determining whether or not such application should be granted.
B.
Said Department of Police shall, within two weeks after
any application has been referred to it, furnish a written report to the Town
Board containing the result of its investigation. If the Town Board is satisfied
that the statements contained in such application are true and that the premises
described in the application comply with the requirements of this chapter,
it shall issue the license applied for; provided, however, that no such application
shall be granted unless the applicant (if a corporation, the holders of a
majority of its capital stock) and all persons having an interest in such
business are citizens of the United States and of good moral character, and
no license shall be granted in the event that the applicant or anyone owning
an interest in the proposed cabaret has, within one year preceding the date
of such application, been convicted of violating any laws or ordinances relating
to the sale of intoxicating liquor or if such persons or any of them have
ever been convicted of violating any laws or ordinances relating to public
morality and decency or if the premises do not comply with the requirements
of this chapter and all laws and regulations of the State of New York and
all ordinances and regulations of the Town of Bedford; provided further that
if the Town Board shall not be satisfied that the application should be granted,
then the Town Board shall, upon at least three days' notice to the applicant,
hold a hearing upon such application, at which the applicant shall be given
an opportunity to prove by competent evidence that the applicant (if a corporation,
the holders of a majority of its capital stock) and all persons having an
interest in the proposed cabaret are citizens of the United States and of
good moral character, that none of them has ever been convicted of any of
the above-mentioned offenses as herein provided, and that the premises described
in the application comply with the requirements of this chapter and all laws
and regulations of the State of New York and all ordinances and regulations
of the Town of Bedford. If after such hearing the Town Board shall find from
a preponderance of the evidence that the foregoing facts have been established,
it shall issue the license applied for. If after such hearing the Town Board
shall find that the foregoing facts have not been established by the evidence,
the application shall be denied. The action of the Town Board upon such hearing
shall be final.
[Amended 12-15-1992; 3-7-2006
by L.L. No. 2-2006]
The license fee per annum for a cabaret license shall be made part of
the Fee Schedule of the Code of the Town of Bedford.[1] All such licenses shall expire on December 31 next following their issue. In order to obtain a renewal of such license, the licensee must reapply by September 30 of the year of expiration on the same form as the original application. The application shall be processed in accordance with §§ 44-4 and 44-5 hereof as if the renewal application was an original. Such license shall not be transferable and shall not authorize the person to whom it is granted to conduct a cabaret at any location other than that specified herein.
[1]
Editor's Note: Said schedule is on file in the Town offices.
The Town Board reserves the power unto itself to revoke any license
issued under the provisions of this chapter at any time where the same was
procured by fraud or false representation of fact or for the violation of
any of, or failure to comply with, the provisions of this chapter by the person
holding such license or any of his servants, agents or employees, or the conviction
of the person holding such license of any crime or offense involving moral
turpitude, or the conviction of any of his servants, agents or employees of
any crime or offense involving moral turpitude committed on the premises on
which his cabaret is conducted. At least three days before revoking any license,
the Town Board shall cause to be mailed to the holder of the license at the
address at which his cabaret is being conducted a notice, stating the time
and place of hearing concerning the revocation at which the licensee shall
be entitled to be heard and introduce the testimony of witnesses. The action
of the Town Board relative to such revocation shall be final, provided that
whenever any person to whom a license has been granted under the provisions
of this chapter shall be convicted of violating any of the provisions thereof,
such conviction shall be prima facie evidence of facts sufficient to warrant
revocation of the license held by such person.
A.
No person owning, managing or operating or conducting
a cabaret shall allow or permit any person employed by him in the capacity
of an entertainer or servant or otherwise to approach or accost any guest
to dance with or have refreshments with such employee as aforesaid during
the hours of their employment, nor shall any person in the premises of a cabaret
approach any person who is an employee of the owner or manager or operator
in the capacity of any entertainer or servant or otherwise during the hours
of their employment, for the purpose of inducing any such person so employed
to dance with or have refreshments with such guest.
B.
It shall be unlawful for any cabaret to have, permit
or maintain any boxes or booths closed by any door, screen, curtain or other
device. It shall be unlawful for any cabaret to have, permit or maintain any
box or booth with an entrance thereto in any side other than the side which
faces the center of the main room.
C.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any place licensed under the provisions of this chapter
to employ as an entertainer in such place any person who is not at least 21
years of age and of good moral character.
[Amended 3-1-1983; 10-15-1985]
D.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any place licensed under the provisions of this chapter
to refuse admission to any peace officer charged with the duty of enforcing
this chapter. Said officers shall have free access at all times to any cabarets
licensed under the provisions of this chapter.
E.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any place licensed under the provisions of this chapter,
or for any employee of said place, to harbor, admit, receive or permit to
be or remain in and about any such place any minor under the age of 21 years,
any lewd or dissolute person, any common prostitute, any drunken or boisterous
person or any person under the influence of intoxicating liquor or any person
whose conduct tends in any way to corrupt the public morals.
[Amended 3-1-1983; 10-15-1985]
F.
It shall be unlawful for any minor under the age of 21
years, any lewd or dissolute person, any common prostitute, any drunken or
boisterous person or person under the influence of intoxicating liquor or
any person whose conduct while present in said place in any way tends to corrupt
the public morals to be or remain in or about any place licensed under the
provisions of this chapter after being notified by the management or a peace
officer to leave the premises.
[Amended 3-1-1983; 10-15-1985]
G.
It shall be unlawful for any person to conduct himself
in a boisterous manner or to use any profane, obscene or indecent language
in or about any place licensed under the provisions of this chapter or the
hallways or entrance thereof.
H.
It shall be unlawful for any person to make any misrepresentation
or false statement as to his own age, or that of any other person, for the
purpose of obtaining admission to any cabaret of such person as to whose age
such statement is made.
Each license issued hereunder shall be kept posted at the main entrance
of every place licensed hereunder.
This chapter shall not apply to:
A.
Premises owned, occupied and/or leased exclusively by
a religious, charitable eleemosynary or educational corporation or institution.
B.
Any premises or establishment not regarded as a "cabaret," as defined in § 44-2 herein, which may permit dancing on separate occasions in connection with any exclusively private wedding, birthday, society, association, religious, charitable, eleemosynary or educational dinner, event or affair wherein the entertainment is provided and paid for by the patron.
No cabaret shall be open except during hours as may be permitted by
the State Liquor Authority and/or a local board of such Authority. If any
cabaret is found open between the prohibited hours, the person owning, managing,
operating or conducting the cabaret shall be held responsible for a violation
of the provisions of this chapter in relation to such closing.
A.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any place licensed under the provisions of this chapter
to give or permit the giving of, in any cabaret, any entertainment amplified
by a mechanical device of such an intensity, character and duration to disturb
the peace, tranquillity and good order of the people of the Town of Bedford.
B.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any place licensed under the provisions of this chapter
to permit any disorderly, noisy, riotous or tumultuous conduct on the premises
so licensed.
C.
It shall be unlawful for any female engaged in entertaining
or performing in any play, exhibition, show or entertainment or engaged in
the serving of food or drink to be clothed or costumed in such a manner that
the portion of her breast below the top of the areola is not covered with
a fully opaque covering.[1]
A.
All entrances and exits shall remain unlocked while there
are patrons in the premises, and all such exits shall be clearly marked. During
the period that a cabaret is occupied by patrons or guests, it shall be illuminated
by sufficient natural or artificial light to permit a person to read in every
portion thereof nine-point print of the kind generally used in the average
daily newspaper.
B.
Before the issuance of a cabaret license, the Town Board
of the Town of Bedford shall determine with the aid of the Building Inspector
the maximum number of patrons permitted upon the licensed premises as set
forth in the Fire Protection Ordinance of the Town of Bedford at one time
in order to prevent overcrowding and the resultant hazards to health and safety.
Such maximum number so determined shall be stated on said license, and any
owner, proprietor, manager or person in charge of any place licensed under
the provisions of this chapter permitting more patrons than the number stated
on said license shall be in violation of this chapter.
Before a patron or guest is served, he is to be furnished with a clearly
printed menu itemizing the prices charged for food and drink. If there is
an extra charge or additional charge for a particular space or table, the
patron must be advised accordingly before being seated. If a licensee advertises
his business through any medium and reference is made in the advertisement
to a price or prices, to a charge or charges or to the absence of a certain
charge or charges, such advertisement must accurately and clearly indicate
whether there are any variations in the price or prices depending upon the
time of day or evening, or any cover, placement, location or minimum charge.
If there is a time limit on a table reserved or otherwise, the patron or patrons
must be notified before being seated.
The licensee and all stockholders, officers, directors, agents, employees
and concessionaires shall at all times strictly and promptly conform to and
comply with all laws, provisions, rules, regulations and requirements of all
federal, state and municipal authorities and agencies having jurisdiction
with respect to the premises and the conduct and operation of the licensed
business therein and threat now in force or hereafter adopted during any license
period.
[Amended 5-1-1984 by L.L. No. 2-1984]
A violation of any of the provisions of this chapter shall, upon conviction
thereof, be punishable by a fine not to exceed $250 for each offense or by
imprisonment for each offense for a period not exceeding 15 days, or by both
such fine and imprisonment.
