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Village of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 2-5-1974 as Ch. 4, Art. III, of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 60.
Licenses — See Ch. 171.
As used in this chapter, the following terms shall have the meanings indicated:
CABARET
A place of public resort, accommodation, assemblage, entertainment or amusement where refreshments of any kind are served for gain or profit and where dancing, entertainment 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.
It shall be unlawful for any person to operate a cabaret as defined in this article without first having obtained a license therefor in compliance with this chapter and Chapter 171, Licenses.
[Added 9-17-2018 by L.L. No. 3-2018[1]]
A day license may be issued for a premises to be used as a cabaret for not more than three days in a calendar year. A day license shall be valid for only one day. The requirements for obtaining a day license shall be the same as set forth in this chapter and in Chapter 171, Licenses, except that:
A. 
The complete application for a day license shall be received by the Clerk's office no later than 14 days before the scheduled event as noted in the application;
B. 
Upon receiving the results of the investigation conducted by the Chief of Police and the inspection conducted by the Building Department, the application shall be referred to the Village Manager to either issue or deny the day license; and
C. 
The fee for the day license as set forth in the Village's Fee Schedule shall accompany the completed application.
[1]
Editor's Note: This ordinance also renumbered former §§ 100-3 through 100-18 as §§ 100-4 through 100-19, respectively.
The licensing officer, as defined in § 171-1, upon presentation of an application for the license required by § 100-2 and before acting upon the same shall refer such application to the Chief 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 in determining whether or not such application should be granted.
The Chief of Police shall, within one week after any application for a license required by § 100-3 has been referred to him pursuant to § 100-3, furnish a written report to the licensing officer containing the result of his investigation.
A. 
Upon the report of the Chief of Police, as provided for in § 100-4 in regard to an application for a cabaret license, the licensing officer shall refer the application to the Board of Trustees for final approval.
B. 
No application for a license required by § 100-2 shall be granted:
(1) 
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;
(2) 
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;
(3) 
If the premises do not comply with the requirements of this chapter or Chapter 171 and all laws and regulations of the state and all other laws and regulations of the Village.
If the Board of Trustees are satisfied that the applicant will comply with the requirements of this chapter and Chapter 171, Licenses, of this Code, the licensing officer shall issue the license required by § 100-32.
[Amended 8-3-1999 by L.L. No. 2-1999]
The license fee per annum for a cabaret license shall be set from time to time by resolution of the Village Board of Trustees;[1] provided, however, that in the event a license is granted after the first of July of any year the license fee shall be 1/2 of the amount of the annual license fee.
[1]
Editor's Note: The Schedule of Fees is on file in the Village offices.
The licensing officer or the Board of Trustees may revoke any license issued under the requirements of § 100-2 at any time where the same was procured by fraud or false representation of fact, or for the violation of, or failure to comply with, any of the provisions of this chapter or Chapter 171 of this Code 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.
No person owning, managing, 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 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, manager or operator in the capacity of an 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 guests.
It shall be unlawful for the owner, manager or person in charge of 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.
It shall be unlawful for the owner, manager or person in charge of any cabaret to employ as an entertainer in such place any person who is not at least 21 years of age and of good moral character.
It shall be unlawful for the owner, manager or person in charge of a cabaret to refuse admission to any peace officer of the Village or of the state or any officer of the United States Government charged with the duty of enforcing the Penal Laws of the United States. Such officers shall have free access at all times to any cabaret licensed under the provisions of this chapter and Chapter 171.
It shall be unlawful for the owner, manager or person in charge of any cabaret to harbor, admit, receive or permit to be or remain in and about any such place, after being notified by the management or a peace officer to leave the premises, any minor under the age of 18 years, any lewd or dissolute person, any common prostitute, any drunken or boisterous person, any person under the influence of intoxicating liquor or any person whose conduct tends in any way to corrupt the public morals.
It shall be unlawful for the owner, manager or person in charge of a cabaret to allow any person while dancing in any place licensed under the provisions of this chapter and Chapter 171 of this Code to assume or maintain any immodest, lewd or suggestive posture or position which in any way tends to corrupt the public morals.
It shall be unlawful for the owner, manager or person in charge of a cabaret to permit the giving of, in any cabaret, any entertainment or exhibition of a lewd, suggestive, vulgar or immoral type or to use therein any indecent or obscene language or to sing any song of any lewd or vulgar character or to behave in any manner tending to corrupt the public morals or to allow entertainment which exposes the female breasts.
It shall be unlawful for the owner, manager or person in charge of a cabaret to advertise such club as a topless club or to operate it as such.
[Amended 12-20-1977 by L.L. No. 13-1977]
No cabaret shall be open on any day between the hours of 3:00 a.m. and 11:59 a.m. 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 section.
[Added 8-3-1999 by L.L. No. 2-1999; amended 9-16-2008 by L.L. No. 6-2008]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a minimum fine of $100 and a maximum fine of $1,000 per offense or imprisonment not exceeding 15 days, or both such fine and imprisonment.