A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person applying for license under this chapter.
APPROVED LICENSE
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.
CABARET
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.
CATERING ESTABLISHMENT
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.
DANCE HALL
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.
LICENSE
Whenever the term "license" is used in this chapter, it shall also apply to the terms "temporary license" or "approved license."
PERSON
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.
PLACE OF PUBLIC ASSEMBLY
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.
RESTAURANT
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.
SUPERINTENDENT
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."
TEMPORARY LICENSE
A license granted by the Superintendent for a limited period of time, pending determination on the granting or denial of an approved license.
VILLAGE OF EAST ROCKAWAY
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.
[1]
Editor's Note: See § 134-5, Fees.
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.
F. 
Any premises or establishment where entertainment is offered or provided as described in Article II of this chapter shall be required to obtain a separate license as provided for therein.
G. 
Any premises or establishment that provides entertainment as described in Chapter 288, Zoning, of the Code of the Village of East Rockaway as "adult uses" must be in conformance with the provisions of said Zoning Chapter, as well as all provisions of this chapter.
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.