[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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;
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.
