As used in this article, the following terms
shall have the meanings indicated:
A business conducted or proposed to be conducted for the
sale or offering for sale at retail for consumption on the premises
where sold, either as a separate business or in connection with any
other business, of any malt or vinous beverages, any soft drink including
tea, coffee, milk, chocolate and cocoa, any carbonated beverage and
any other beverage produced by the process by which beer, ale, porter
or wine is produced.
No person shall operate a refreshment business without having first obtained a license therefor in accordance with this article and Chapter 171, Licenses.
[Amended 8-3-1999 by L.L.
No. 2-1999]
The license fee for a refreshment business shall
be set from time to time by resolution of the Village Board of Trustees.[1]
[1]
Editor's Note: The Schedule of Fees is on
file in the Village offices.
A refreshment business license may be refused
by the license officer to any applicant if:
A.
Any of the persons in the application or connected
or associated therewith are not of good moral character or have, within
three years of the date of the application, been convicted of a felony
or, within one year, of a misdemeanor;
B.
Any such persons have previously been connected with a refreshment business, the license for which has been revoked or in which business any of the provisions of this article or Chapter 171, Licenses, with reference to the refreshment business have been violated; or
C.
The refreshment business sought to be licensed does
not comply in any way with the regulations, ordinances and laws applicable
thereto.
Any room in which a refreshment business is
conducted shall be so constructed and maintained that a clear view
of the interior of such place may be had from the street in which
such business is located, and shall be free from any screens, partitions
or obstructions which prevent a clear view from the street; provided,
however, that if such place of business is not located on the ground
floor or, which room does not directly front or abut on any street,
it shall be so constructed and maintained that such view of the interior,
as above described may be had from any entrance to such room. If a
bar is maintained in such place, it shall be unlawful to obstruct
the entrance behind such bar by gates, fences, doors or any other
thing to obstruct the entrance to the rear of such bar. This section
shall not apply to a drugstore or pharmacy where a pharmacist duly
registered under the laws of the state is in actual and personal charge
and the business therein is carried on in good faith as a drugstore
or pharmacy.
It shall be unlawful for any person owning,
conducting or in charge of any refreshment business, as defined in
this article, to harbor intoxicated persons on the premises or to
permit the drinking of intoxicating beverages therein unless the same
be allowed by law or to allow intoxicated persons or partially intoxicated
persons to resort thereto.
It shall be unlawful for any person owning,
conducting or in charge of any refreshment business as defined in
this article to permit any disorderly, indecent, immoral or unlawful
conduct on or in such premises.
No person to whom a license is granted under the provisions of this article and Chapter 171, Licenses, shall receive, possess, give away or sell or have or permit upon the premises any liquor or beverage which contains any alcohol in excess of the amount permitted by law. This section shall not apply to any drugstore or pharmacy wherein a pharmacist, duly registered under the laws of the state of New York, is in actual and personal charge.
