A.
APPLICANT
APPROVED LICENSE
CABARET
CATERING ESTABLISHMENT
DANCE HALL
LICENSE
PERSON
PLACE OF PUBLIC ASSEMBLY
RESTAURANT
SUPERINTENDENT
TEMPORARY LICENSE
VILLAGE OF EAST ROCKAWAY
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any person applying for license under this chapter.
The permission granted by the Superintendent for a place
of public assembly to operate, only after receipt of information indicates
that all applicable requirements of this chapter have been complied
with.
Any room, place or space wherein musical entertainment, singing,
dancing or other form of amusement or entertainment is permitted in
conjunction with the sale or service of food or drink to the public.
Any room, place or space which is used, leased or hired out
in the business of serving food and drink for a particular function,
occasion or event, and to which the general public is not invited
and wherein music, entertainment and/or dancing may or may not be
provided.
Any room, place or space in which dancing is carried on and
to which the public may gain admission either with or without the
payment of a fee.
Whenever the term "license" is used in this chapter, it shall
also apply to the terms "temporary license" or "approved license."
An individual, partnership, club, corporation, association,
society or any other organized group of persons, and shall include
the officers, directors, members, stockholders and trustees thereof.
Any room, place or space which is occupied or arranged to
be occupied for recreational, amusement, social, sports, religious,
patriotic, civic, travel and similar purposes, exclusive of residential
properties and shall include assembly halls, lecture rooms, exhibition
halls, tents, museums, auditoriums, instruction rooms, dance halls
or studios, cabarets, nightclubs, restaurants; any room or space used
for private banquets, feasts, socials, card parties, bingo or weddings;
lodge or meeting halls or rooms; skating rinks, gymnasiums, swimming
pools, billiard rooms, bowling alleys, archery ranges, halls used
for public or private catering purposes; funeral parlors, private
and parochial schools, recreation rooms, concert halls, broadcasting
studios, theaters, motion-picture theaters; passenger stations and
terminals of air, surface, underground and marine public transportation
facilities; or any other building, shed or enclosure, whether indoor
or outdoor, coming within the occupancy and other similar classifications
of this section as determined by the officer charged with the enforcement
of this section.
A public eating place which is regularly used and kept open
for the serving of food for compensation and which has suitable kitchen
facilities connected therewith, containing conveniences for cooking.
The legally designated officer in charge of the Department
of Buildings of the Village of East Rockaway, New York, or his authorized
representatives. Whenever the term "Superintendent" is used in this
chapter, it shall be synonymous with the term "Superintendent of the
Department of Buildings."
A license granted by the Superintendent for a limited period
of time, pending determination on the granting or denial of an approved
license.
For the purpose of enforcement of this chapter, the Village
of East Rockaway shall be considered that area within the geographical
confines of the township wherein the Superintendent has jurisdiction.
B.
Interpretation. In distinguishing between the terms
"restaurants," "dance hall" and cabaret," as above defined, such factors
as the extent to which food is served on the premises, whether there
is dancing or entertainment on the premises and whether an admission
fee is charged shall be determinative. These determinative factors
shall apply to the enforcement of the provisions of this chapter and
of any companion statute, local law, ordinance, rule or regulation
respecting the operation of restaurants.
Under this chapter, the Superintendent shall
have jurisdiction over, and in conjunction with, the following functions
and duties regarding the regulation and licensing of places of public
assembly, namely:
A.
The issuance of licenses hereunder and the revocation
or suspension thereof.
B.
The inspection of places of public assembly at reasonable
times.
C.
The prescription of forms for applications or licenses
under this chapter and for all reports which are deemed necessary
to be made by any licensee, permittee or applicant.
D.
The adoption of reasonable rules and regulations as
may be necessary for the proper control, operation and supervision
of places of public assembly.
E.
The recommendation to the Village Board of changes
or amendments to this chapter. Any recommendation received by the
Village Board or any revision, rule or regulation initiated by it
shall be approved by resolution prior to adoption.
A.
It shall be unlawful for any person to conduct, maintain
or operate a place of public assembly within the village who has not
been issued a temporary license or an approved license under this
chapter, either of which is currently in effect for the premises wherein
the place of public assembly is conducted, maintained or operated.
B.
An approved license shall be issued for a place of
public assembly only after the Superintendent shall have caused an
inspection to be made of the premises to be licensed and is satisfied
that the provisions of this chapter and all other applicable laws,
ordinances, codes, rules and regulations pertaining to fire and safety
requirements contained therein have been complied with, together with
all fees provided for herein being paid,[1] and that the premises are a safe place in which to conduct,
maintain or operate a place of public assembly and that a proper use
has been established for the premises.
C.
Upon the filing of the application and the payment
of the stipulated fee as provided by this chapter, the Superintendent
shall issue a receipt subject to an inspection of the premises and
findings to the effect that no hazardous conditions exist and will
thereupon issue a temporary license, to remain in effect until such
time as the applicant has been notified of the issuance or denial
of an approved license. In no event shall a temporary license exceed
the time limitation as prescribed herein.
D.
Each application shall contain at least the following
information and any additional information as may be required upon
the request of the Superintendent:
(1)
The name, age and residence address of each applicant
and, if there is more than one and they are partners, the partnership
name and the age and residence address of each partner.
(2)
If an applicant is a stock corporation, the name and
residence address of each officer and director and, except in the
discretion of the Superintendent, the stockholders, and the state
under the laws of which the corporate applicant is organized.
(3)
The premises to be licensed, stating the street and
number, if any; otherwise such description as will reasonably indicate
the location thereof.
(4)
The name and residence address of the owner of the
building or premises wherein or whereon the licensed premises is located.
(5)
Whether the applicant is a lessee and, if so, the
name and residence of the lessor.
(6)
If the applicant does not reside in the County of
Nassau, he shall designate an agent, who shall be a natural person
residing or having a place of business in the County of Nassau. The
agent shall be authorized and shall agree, by verified statement,
to accept notices and/or service of summonses issued by the Superintendent
with respect to violations of any laws, ordinances, rules or regulations
enforceable by the Superintendent.
(7)
If there is any change, after the filing of an application
for a license, in any of the facts required to be set forth in the
application, a supplemental statement giving notice of the change
or changes, duly verified, shall be filed with the Superintendent
within 10 days after any change. Failure to do so shall, if willful
and deliberate, be cause for suspension or revocation of the license.
In giving any notice or taking any action in reference to a licensee
of a licensed premises, the Superintendent may rely upon the information
furnished in any supplemental statement connected therewith, and the
information contained therein shall be presumed to be correct and
shall be binding upon a licensee or the licensed premises as bona
fide information. This supplemental statement may be waived by the
Superintendent, at his or her discretion, whenever it applies to stockholders
holding less than 10% of the issued stock of a corporation.
E.
In addition to the prerequisites set forth herein
this chapter for places of public assembly, an approved license for
a dance hall or cabaret shall be issued if the Superintendent is satisfied
that the applicant is a fit and proper person and that a proper use
has been established for the premises.
F.
In addition to the information required in this chapter,
when application is made for a dance hall or cabaret license, the
following information shall be given:
(1)
The name and residence address of each person interested
or to become interested in the business covered by the license for
which the application is made, together with the nature of such interest
and evidence that a proper use has been established for the premises.
(2)
The nature of the applicant's interest in the business
covered by the license for which application is made and the name
of any other person, either as principal or associate, interested
in the licensed premises or in the business covered by the license
applied for.
(3)
Whether the person applying for a license has ever
been convicted in any jurisdiction of any offense, crime, misdemeanor,
violation or of any offense against any local law or municipal ordinance
and, if so, the nature of the conviction, the court where convicted
and the date and penalty assessed.
A.
An approved license shall expire one year from the
date of issuance.
B.
The date of issuance of an approved license shall
be the same as the date of issuance of the temporary license immediately
preceding.
C.
Renewal of an approved license shall be effective
on the date following expiration of the one previously approved.
D.
A temporary license may be granted for a period not
in excess of 60 days from date of issuance. However, the holder of
a temporary license must submit a written request to the Superintendent
for each extension of a temporary license, outlining the reasons therefor.
The Superintendent may grant not more than a thirty-day extension
for each request, subject to the requirements of this chapter. No
more than two extensions of a temporary license shall be permitted.
[Amended 12-10-2018 by L.L. No. 2-2018]
Fees and deposits shall be established from time to time by
resolution of the Board of Trustees.
A.
Fees for public assembly licenses issued under this
chapter shall be payable annually and shall be set by the Board of
Trustees.
B.
Where there is more than one place of public assembly
in the same building and the applicant is the same for the several
places of public assembly therein, the fee shall be separate for each
license.
C.
There shall be a fee required for filing an application under this
article. If the application is disapproved, the filing fee shall be
retained to cover the cost of processing. If the application is approved,
the filing fee shall be credited and applied to the total fee.
[Amended 3-11-2019 by L.L. No. 2-2019]
D.
The fee for the extension of a temporary license for each 30 days
or fraction thereof shall be payable upon application for each extension.
Any fees paid for an extension of a temporary license shall be nonreturnable
and shall not be applicable to the total fee required.
[Amended 3-11-2019 by L.L. No. 2-2019]
E.
A fee shall be charged for the replacement or substitute copy of
a temporary or approved license or occupancy poster.
[Amended 3-11-2019 by L.L. No. 2-2019]
F.
The fee for a public assembly license shall be valid for one year.
[Amended 3-11-2019 by L.L. No. 2-2019]
G.
The fee for a cabaret show, dancing or performance license shall
be issued as accessory to a public assembly license and shall be valid
for one year.
[Amended 3-11-2019 by L.L. No. 2-2019]
A.
The following persons shall be prohibited from receiving
a license for a cabaret or dance hall:
(1)
Any person, partnership or corporation and each member,
principal officer and director thereof, as the case may be, who has
been convicted of a felony or any of the misdemeanors mentioned in
§ 1146 of the former Penal Law as in force and effect immediately
prior to September 1, 1967, or of any offense defined in § 230.20
or 230-40 of the Penal Law, unless such person shall have received
an executive pardon thereafter effecting the removal of the convictions
or unless a certificate of good conduct has been granted by the Board
of Parole pursuant to the provisions of the Executive Law, thus removing
the disqualification resulting from such conviction.
(2)
Any person who has had any license, issued under this
chapter, revoked for cause during a three-year period from the date
of such revocation.
B.
Disapproval of any application for a license by the
Superintendent shall automatically cancel any temporary license previously
issued. After notice of cancellation has been duly received pursuant
to this chapter, any continuance of operation as a place of public
assembly shall be considered an offense hereunder and subject to penalties
under this chapter.
The Board of Trustees of the village, upon notice
and after a hearing at which the licensee shall be given an opportunity
to be heard, may suspend or revoke any license issued, for any of
the following causes:
A.
When a person licensed hereunder makes any false material
statement in the application for a license.
B.
When a person licensed hereunder suffers or knowingly
permits any gambling, sale or use of controlled substances, narcotics
or dangerous hallucinatory drugs on the premises or suffers or knowingly
permits such premises to become disorderly or has permitted the conduct
of lewd or lascivious activity.
C.
For an offense against any provision of this chapter
or applicable federal or state law.
D.
For failure, refusal or neglect of any person, officer
or director of any corporation, holding a license for a place of public
assembly under this chapter, to appear and/or testify under oath at
an inquiry or hearing held with respect to any matter bearing upon
the conduct of the place of public assembly or the fitness of the
person, as applicable.
E.
For failure, refusal or neglect to provide for the
health, safety or welfare of persons frequenting the licensed premises.
Any notice to be given by the Superintendent
under this chapter, unless otherwise provided for herein, shall be
deemed to have been duly given when:
A.
Served personally upon the applicant or licensee or
sent by registered or certified mail to the applicant or licensee,
addressed to his residence.
B.
In the case of personal service upon an officer of
a corporate licensee or of service upon him by registered or certified
mail addressed to his residence, together with a copy of the notice
by regular mail to the address of the licensed premises.
C.
Served personally upon or sent by registered or certified
mail to the agent designated under this chapter.
A.
Any person who has been refused the issuance of a
public assembly license or has had a previously issued public assembly
license revoked or suspended by the action of the Superintendent shall
have the right to appeal the action of the Superintendent as hereinafter
provided:
(1)
An application for such appeal shall be in writing,
signed and acknowledged by the applicant, and shall state the ground
or grounds on which the applicant claims that the determination of
the Superintendent was erroneous.
(2)
Such application shall be filed with the Village Clerk
by the applicant within 20 days after notice of denial of his application
by the Superintendent has been mailed to him or delivered to him in
person.
(3)
Upon the filing of such application, a hearing shall
be held thereon pursuant to the provisions hereof.
(4)
At such hearing the Village Board shall consider the
record upon which the Superintendent based his/her determination and,
in its discretion, may receive new or additional evidence in support
thereof or in opposition thereto.
B.
The Village Board, after such hearing, may affirm
the action of the Superintendent or direct the Superintendent to issue
a license pursuant to this chapter.
Whenever it shall be provided herein that a
hearing shall or may be held in connection with an application or
license:
A.
Hearings shall be held on a date and at a place and
hour designated by the Village Board.
B.
The Superintendent shall give notice thereof, stating
the name and address of the applicant or licensee concerned, the subject
matter of the hearing and the date, place and hour designated therefor
by mailing a copy thereof to the applicant or licensee concerned,
at the address shown upon the most recent application of such applicant
or licensee, at least 10 days prior to such hearing. Notice of hearing
shall be published as required by law.
C.
The applicant or licensee involved shall be entitled
to be represented by legal counsel and to present such competent and
material testimony or other evidence in his own behalf as may be relevant
to the subject matter of the hearing.
D.
All witnesses shall be sworn and examined under oath.
A.
The maximum number of persons permitted to occupy a place of public assembly, as described in this chapter, shall be certified by the Superintendent upon an occupancy sign supplied to the licensee. The maximum permitted occupancy of a place of public assembly shall be determined pursuant to the provisions of the New York State Uniform Fire Prevention and Building Code, and shall be subject to limitations imposed by the Zoning Board of Appeals of the Village of East Rockaway and by the provisions of Chapter 288, Zoning, of the Code of the Village of East Rockaway.
B.
Each license and occupancy poster issued under this
chapter shall be kept conspicuously posted at the main entrance of
every place of public assembly, and it shall be unlawful to conceal,
remove, deface or alter such license or occupancy poster.
C.
A temporary or approved license that has been issued
for a place of public assembly which is lost, stolen, altered, mutilated
or missing shall be replaced immediately, and the prescribed fee shall
be paid for its replacement.
No license issued under the provisions of this
chapter shall be transferred or assigned to any person or used by
any person other than the licensee to whom it was issued, nor shall
such license be used or displayed at any location other than the location
stated in such license.
All places of public assembly, as defined in
this chapter, shall be subject to all provisions of this chapter,
except that the fee may be waived for:
A.
Premises owned, occupied and used by a nonprofit membership
corporation, society or association or a religious, charitable or
educational corporation or institution which is chartered as such
by the State of New York. It is provided, however, that if said premises
is licensed, rented or leased to a licensee, tenant, lessee, coadventurer,
concessionaire, partner or caterer, or as a place of public assembly,
the licensee, tenant, lessee, coadventurer, concessionaire, partner,
caterer or person operating a place of public assembly in any other
capacity which is different from that of owner and operator shall
be required to obtain such license as may be required under this chapter.
B.
Any luncheonette, soda fountain, stationery store,
pizzeria or similar occupancy, the use of which may on occasion incidentally
meet the definition of a place of public assembly, provided that there
are no more than 10 seats available to the patrons.
Every person holding a license under this chapter
for a place of public assembly shall comply with the following provisions.
Any offense against these provisions shall be unlawful:
A.
No light on any part of a premises licensed hereunder
shall be permitted to shine beyond the property line of the premises.
All exterior lights on such premises shall be equipped with shielding
devices so that the glow emanating therefrom shall be directed only
on and toward such premises.
B.
All garbage, rubbish and other refuse shall be stored,
until removed, at the rear of the premises in watertight receptacles
securely covered and screened from view. Such receptacles shall be
maintained in a sanitary condition and shall be cleaned, flushed and
deodorized at least weekly. No garbage, rubbish or other refuse shall
be removed from the premises between the hours of 7:00 p.m. and 7:00
a.m.
C.
No soot, cinders, smoke, noxious acids, fumes, gases
or disagreeable or unusual odors shall be permitted to emanate from
the premises in such manner as to be detrimental to any person or
which annoys, disturbs, injures, endangers or which may have a tendency
to annoy, disturb, injure or endanger the comfort, repose, health,
peaceful enjoyment or safety of any person or persons constituting
the general public.
D.
No music shall be played in any place of public assembly
either by mechanical device or live performance in such a manner that
the sound emanating therefrom shall be audible beyond the property
line of the premises whereon the place of public assembly is located.
At no time shall music be played either by mechanical device or live
performance in a manner which either annoys, disturbs, injures, endangers
or tends to annoy, disturb, injure or endanger the comfort, repose,
health, peaceful enjoyment or safety of other persons or the public.
E.
No loud, unnecessary or unusual noise or any noise
shall be permitted to be made, continued or caused to be made or continued,
which either annoys, disturbs, injures or tends to annoy, disturb,
injure or endanger the comfort, repose, health, peaceful enjoyment
or safety of other persons or the public.
A.
Issuance of a license under this chapter shall cause
no presumption that the licensee or the licensed premises are in compliance
with any other laws, ordinances, rules or regulations enforceable
by any governmental authority, as may be applicable to said licensee
or said licensed premises.
B.
Issuance of a license under this chapter shall not
be a bar to prosecution under any provision of this chapter or under
any other ordinance, law, rule or regulation applicable to the licensed
premises or licensee.
Any person or persons, association or corporation
committing an offense against any provision of this article or any
of the rules and regulations adopted by the Superintendent pursuant
to this article shall be guilty of a misdemeanor, punishable by a
fine not exceeding $2,500 or imprisonment for a period not exceeding
six months for each such offense, or by both such fine and imprisonment.
Each day's continued violation against this article shall constitute
a separate additional offense.
