Town of Clarkstown, NY Administration and Licensing

Licenses referred to in this Part 2 shall be classified as follows:

(a)

Adult bookstore.

(b)

Adult motion-picture theater, which shall include adult arcades, places or buildings having adult motion-picture booths, places or buildings having a hall or auditorium for the presentation of film material, places designed to permit viewing by patrons seated in automobiles and places or buildings having a combination of any or all of the foregoing.

(c)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(1)(c), Massage establishment, was repealed 12-5-2006 by L.L. No. 18-2006.

(d)

Adult dancing establishment.

Each application for a license shall state the classification and location for which it is to be issued. A license may be issued in only one classification and for only one location, but this shall not prohibit an applicant or multiple applicants from filing separate applications for licenses in two or more classifications at the same location.

§ 290-48 Denial of license.

Noncompliance of premises. No license shall be issued if the Building Official, as a result of investigations by the Building Department, the Rockland County Department of Health and the Fire Inspector, determines that the proposed licensed premises does not meet each and every one of the general and special requirements for the type of license applied for as established in this Part 2 or if the proposed licensed premises fails to satisfy all applicable building, zoning, health and fire codes, ordinances, statutes or regulations, whether federal, state or local, nor shall any license be issued on false information given in the application for license.

[Amended 3-22-2016 by L.L. No. 4-2016]

Issuance of license where prior license has been revoked or suspended. No license shall be issued to:

Any individual, partnership or corporation whose license under this Part 2 is revoked, while suspended, or who has been convicted of a crime under the Penal Law of the State of New York or any federal law.

Any partnership, a partner of which has a license presently suspended or revoked under this Part 2 or who has been convicted of a crime under the Penal Law of the State of New York or any federal law.

Any corporation, an officer, director or principal stockholder of which presently has its license under this Part 2 suspended, revoked or who has been convicted of a crime under the Penal Law of the State of New York or any federal law.

(4)

Any individual who is or was at the time of suspension or revocation, a partner in a partnership or an officer, director or principal stockholder of a corporation, whose license under this Part 2 is presently suspended, revoked, or who has been convicted of a crime under the Penal Law of the State of New York or any federal law.

Prohibited by law or court order. No license shall be issued when its issuance would violate a statute, ordinance or law, or when an order from a court of law prohibits the applicant from obtaining an adult entertainment or occupational license in the Town of Clarkstown.

§ 290-49 Application; fee.

Required information and documents. Any individual, partnership or corporation desiring to engage in the business of operating an adult bookstore, adult motion-picture theater or adult dancing establishment shall file with the Building Official a sworn application on forms supplied by the Building Official. The application shall contain the following information and shall be accompanied by the following documents:

[Amended 12-5-2006 by L.L. No. 18-2006]

If the applicant is:

(a)

An individual, his legal name, address, and all aliases used by him.

(b)

A partnership, the full name and names of all partners.

(c)

A corporation, the exact corporate name, the date of incorporation, evidence that the corporation is in good standing and the names, addresses, and capacity of all the officers, directors and principal stockholders.

If the business is to be conducted under a name other than that of the applicant, the business name and the county of registration under the Business Corporation Law, or other applicable New York State laws.

Whether the applicant or any of the other individuals listed pursuant to Subsection A(1) have, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the particular criminal act involved and the place of conviction.

(4)

Whether the applicant or any of the other individuals listed pursuant to Subsection A(1) above have had their license under this Part 2 previously suspended or revoked or have been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this Part 2 has previously been suspended or revoked, including the date of the suspension or revocation.

(5)

The classification of the license for which the application is being filed.

(6)

Whether the applicant holds any other licenses in the classification for which the application is being filed and, if so, the license number and locations of such licensed premises.

(7)

The proposed location of the business.

(8)

Consent agreement from the owner of the property.

(9)

The names of the employees, if known, or, if presently unknown or there will be no employee, a statement to that effect.

(10)

A plan drawn to appropriate scale by a licensed New York State design professional of the proposed licensed premises indicating the areas to be covered by the license, all windows, doors, entrances and exits and the fixed structural features of the proposed licensed premises. The term "fixed structural features" shall include walls, stages, immovable partitions, projection booths, admission booths, concession booths or stands, immovable counters and similar structures that are intended to be permanent.

Application fee. Each application shall be accompanied by a nonrefundable application process fee of $1,000 payable at the time the application is filed. In the event that an applicant applies for more than one license for the same premises and submits said applications at the same time, he shall submit a nonrefundable fee of $1,000 per license application. Fees shall be paid by certified check or bank.

§ 290-50 Investigation.

[Amended 3-22-2016 by L.L. No. 4-2016]

Upon receipt of an application properly filed with the Building Department and upon payment of the application fee, the Police Chief shall conduct an investigation to verify the information required by § 290-49 of this Part 2. The Rockland County Department of Health, the Building Department, and the Fire Inspector shall investigate the proposed licensed premises for compliance with this Part 2 and other applicable laws and regulations relating to construction, safety, fire protection, zoning and public health. At the conclusion of its investigation, each administrative agency shall endorse on the application the results and findings thereof, recommending either approval or disapproval of the application.

§ 290-51 Issuance, denial and revocation of licenses.

Approval and issuance. Upon the completion of the investigation of an application by the Police Chief, the Building Department, and the Fire Inspector, the Building Department shall approve or disapprove the application. If approved, the Building Department shall issue the license upon the payment of the appropriate license fee provided in § 290-59.

[Amended 3-22-2016 by L.L. No. 4-2016]

Disapproval and denial.

If the Police Chief, the Rockland County Department of Health, the Building Department, or the Fire Inspector, or any one of them, recommends disapproval, the disapproval recommendation shall indicate the reason therefor upon the application or in a separate writing, and the Building Department shall deny the application. If the application is not approved by all reviewing departments, the Building Department shall notify the applicant of the preliminary disapproval and the reasons therefor. Notification shall be by certified mail to the address on the license application, which shall be considered the correct address.

[Amended 3-22-2016 by L.L. No. 4-2016]

Notwithstanding any other provision in this Part 2, the Building Department shall deny any application for a license in which the applicant has supplied false or untrue information.

The Building Department shall approve or disapprove all applications within 90 days from the date a completed application has been submitted. Upon the expiration of 90 days, the applicant shall be permitted to initiate operating the adult entertainment establishment for which a license was sought, unless the Building Department notifies the applicant of a preliminary denial of the application. A preliminary denial shall specify the reasons for denial and shall be sent to the address on the license application, which shall be considered the correct address.

Revocation. Should a license be issued as a result of false information, misrepresentation of fact or mistake of fact, it shall be revoked. If the application is revoked, the Building Department shall notify the licensee of the revocation and the reasons therefor. Notification shall be by certified mail and shall be sent to the address on the license application, which shall be considered the correct address.

Appeal. Within 15 days after the mailing of either a notice of denial or preliminary denial of an application for a license or a notification of the revocation of a license, the applicant or licensee may take an appeal to the Commission for Adult Entertainment as provided in this Part 2. If the Commission finds that the application should be approved, it shall so order, and upon payment of the appropriate license fee provided in this Part 2, the Building Department shall issue the license. If the Commission finds that the license should not have been revoked, it shall notify the Building Department, who shall reissue the license.

§ 290-52 Limitation on licenses and licensed premises.

There shall be no limitation on the number of licenses issued, but licensed premises shall observe the locational restrictions contained in this Part 2. A licensed premises may be owned by the licensee or may be leased by the licensee from a person not a licensee under this Part 2, provided that a licensee who is a tenant or lessee may not surrender his tenancy or lease to the owner or lessor if by so doing said owner or lessor will take possession, control and operation of the licensed premises and the business licensed under this Part 2, unless the license is transferred as provided in this Part 2, and further, provided that a licensee who is the owner of the licensed premises may not lease or otherwise give up possession, control and operation of the licensed premises and the business licensed under this Part 2 to any other individual, partnership or corporation, unless the license is transferred as provided in this Part 2.

§ 290-53 Display of license; mutilation prohibited.

All licensees licensed under this Part 2 shall display their licenses in conspicuous places on their licensed premises in a clear, transparent cover or frame. The license shall be available for inspection at all times by the public. No person shall mutilate, cover, obstruct or remove a license so displayed.

§ 290-54 Term of license; renewals.

Term. All licenses issued under this Part 2, except new licenses, shall be annual licenses with an annual licensee fee as provided herein, which shall be paid for on or before October 1 and shall expire on September 30 of the following year. A licensee beginning business after October 1 and before April 1 may obtain a new license upon application therefor and the payment of the appropriate license fee, and such license shall expire on the following September 30. A licensee beginning business after March 31 and before October 1 may obtain a new license upon application therefor and the payment of 1/2 of the appropriate license fee herein required for the annual license, and such license shall expire on September 30 of the same year. The provisions of this subsection shall not affect any other provisions of this Part 2.

Renewals. A licensee under this Part 2 shall be entitled to an annual license renewal from year to year, as a matter of course, on or before October 1 by presenting the license for the previous year, or satisfactory evidence of its loss or destruction, to the Building Department and by paying the appropriate annual license fee. A license that is not renewed by October 1 of each year shall be considered delinquent and, in addition to the regular license fee, subject to a delinquency penalty of 10% of the license fee for the month of October and any additional month, or fraction thereof; of delinquency until paid, provided that the total delinquency penalty shall not exceed 25% of one license fee. All licenses not renewed within 30 days of September 30 will be revoked by the Building Department, unless such license is involved in litigation.

§ 290-55 Transfer of license.

When a licensee shall have made a bona fide sale of the licensed business, the licensee may obtain a transfer of the license issued under this Part 2 to the purchaser of said business but only if, before the transfer, the application of the purchaser shall be approved by the Building Department in accord with the same procedure provided in this Part 2 for the issuance of new licenses. Before the issuance of any transfer of license, the transferee shall pay a transfer fee of $250. Licenses issued under this Part 2 shall not be transferable in any other way than provided in this section.

§ 290-56 New locations; change of name.

New location. A licensee may not move the licensed premises to a new location and operate at the new location without first following the same procedure for the issuance of new licenses in this Part 2 and payment of the application fee of $500. The licensee shall submit to the Building Department an application for a change of location, accompanied by an application fee of $500 at the time the application is filed. The application will contain or have attached to it a plan drawn to appropriate scale by a New York State licensed design professional of the licensed premises at the new location indicating the area to be included in the new licensed premises, all windows, doors, entrances and exits and the fixed structural features of the new licensed premises. If more than one license has been issued to the licensed premises at the old location, the licensee shall state in the application for a change of location which of said licenses is being moved to the proposed new location. Upon approval of the application, there shall be issued to the licensee a license for the new location.

Change of name. No licensee may change the name of the business located at his licensed premises without first giving the Building Department 30 days' notice, in writing, by certified mail of such change and without first making payment to the Building Department of a change-of-name fee of $10.

§ 290-57 Suspension of license.

Violations of health, building, zoning or fire provisions. In the event a licensed premises is found in violation of a health, building, zoning or fire provision of any state, county or local regulation, the appropriate agency shall notify the licensee of said violation according to the standard procedures of the agency and shall follow its normal agency procedures for correcting said violations and shall grant the licensee the right to exhaust applicable administrative remedies. Should the licensee fail either to correct the violation or to obtain an administrative reversal of the agency finding, the appropriate agency shall notify the Building Department, who shall forthwith initiate procedures for suspension of the license.

Other violations. In the event that a jury or other trier of fact in a court of law finds that a licensee has violated any section of this Part 2, whether or not an adjudication of guilt has been entered, the Building Department shall forthwith initiate procedures for suspension of license.

Fine or suspension of license.

Procedure. Upon receiving notice that a licensee has violated a provision of this Part 2, as provided in Subsections A and B above, or any other county, state, federal or other statute, ordinance or resolution, the Building Department shall suspend all licenses issued for the premises where said violation occurred, unless otherwise provided below, and shall notify the licensee(s) of the suspension action. Notification shall be by certified mail and/or hand delivery and shall be sent to the address on the license application, which shall be considered the correct address.

Periods of suspension. A single violation by a licensee of this Part 2 shall result in suspension of the adult entertainment license for 30 days. Upon a second violation of this Part 2 within a period of two years from the date of a prior violation of this Part 2, but not including any time during which the license was suspended, the license shall be suspended for the balance of the license term. Upon a third violation of this Part 2 within a period of two years from the first of three violations, but not including any time during which the license was suspended, the license shall be revoked. All periods of suspension or revocation shall begin on the 10th calendar day from the date the Building Department mails a notice of suspension or revocation to the licensee or on the date the licensee surrenders the license to the Building Department, whichever comes first.

Surrender of license required. If a licensee, after having been mailed notice of the suspension of the license in the manner herein provided, fails to surrender the license to the Building Department within 10 days after notice has been received, or fails otherwise to account for the license to the satisfaction of the Building Department, the license shall be considered terminated and of no further force or effect.

When a license is suspended for a violation of a health, building, zoning, or fire provision of this Code, as described in Subsection A above, the license shall not be reactivated until said violation is corrected.

§ 290-58 Appeals.

Appeals alleging error in the denial, suspension or revocation of a license or permit under this Part 2 shall be by petition for a formal hearing before the Commission for Adult Entertainment.

A notice of appeal shall also be filed with the Building Department within 15 days of the mailing of a notice of denial, suspension or revocation of a license or permit. Thereafter, and upon payment of a fee of $250 to cover administrative costs, a hearing will be scheduled within 60 days. The Building Department shall give the petitioning party at least 10 days written notice of the time and place for the hearing.

§ 290-59 License fees.

Levy of fees. There are hereby levied the following annual license fees under this Part 2:

Adult bookstore: $500.

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(2), establishing the license fee for massage establishments, was repealed 12-5-2006 by L.L. No. 18-2006.