No person or persons, firm or corporation shall
maintain any theater or motion picture house or building in which
any theatrical performance or motion picture shall be given or shown
without first obtaining an annual license therefor.
The fees for any license required by the provisions
of this article shall be at the levels fixed from time to time by
resolution of the Board of Trustees of the Village of East Rockaway.
All licenses shall be issued by the Superintendent
of the Building Department to such persons as he shall deem fit and
proper upon an evaluation of their qualifications and upon compliance
of the applicant with the provisions of this or any other applicable
law or ordinance. However, licenses for circuses, theaters or other
exhibitions or performances, the keeping of billiard or pool rooms,
bowling alleys, shooting galleries and other similar places of amusement
for money or hire or the giving of exhibitions, performances or entertainment
at any place within the village or the use of mechanically operated
amusement devices shall be refused which, in the judgment of the Superintendent,
shall be likely to disturb the peace and order of the village.
Any applicant who has been refused a license
by the Superintendent of the Building Department may apply for its
issuance to the Board of Trustees at a meeting thereof, and the same
may be granted or refused by the Board.
Every license issued shall be signed by the
Superintendent of the Building Department and countersigned by the
Village Clerk, who shall keep a record thereof and the amount of fee
to be paid therefor.
No license shall be effective until the fee
therefor as established by the Board of Trustees shall have been paid
to the Treasurer, who shall endorse his receipt of the fee upon each
license which is presented to him, properly signed and countersigned
and accompanied by the amount of the fee.
Any license issued pursuant to the provisions
of this chapter or any other ordinance may be revoked by the Board
of Trustees, after notice and hearing, for any of the following causes:
A. Fraud or false statement in the application for the
license.
B. Fraud or false statement in connection with carrying
out of the business, activity or enterprise for which the license
was issued.
C. Any violation of a term of this chapter or of any
other ordinance under whose provisions the license was issued.
D. Conviction of the licensee of any crime.
E. Carrying out the licensed business, enterprise or
activity in an unlawful manner or in such a way as to breach the peace
or constitute a menace to the health, safety or general welfare of
the public.
F. Any transfer or assignment of the license to any person
except upon written consent of the Board of Trustees, upon due application
and the presentation of information concerning the proposed transferee's
qualifications, similar to those furnished by the original applicant.
Unless application for a renewal of a license
is filed not less than 20 days prior to the expiration date thereof,
such application shall be subject to all of the requirements of an
original application.
Every person to whom a license or permit has
been issued shall at all times have the same with him at the site
or place when the business or act licensed is being performed and
available for inspection by a police officer or any other authorized
person.
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 chapter shall constitute
a separate additional offense.