City of Rye, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Rye 4-18-1962 by Ord. No. 4-1962; effective 5-15-1962. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 47.
Licenses — See Ch. 125.
Noise — See Ch. 133.
Peace and good order — See Ch. 141.
For the purposes of this chapter, the following terms, phrases and words and their derivations shall have the meaning given herein:
CABARET
Any room, place or space in the City of Rye in which any dancing is permitted or carried on in connection with the business of selling to the public food or beverage of any kind.
PUBLIC DANCE HALL
Any room, place or space in the City of Rye in which dancing is permitted or carried on and to which the public may gain admission, either with or without the payment of a fee, excepting, however, premises owned, occupied or used by a religious, educational or charitable corporation or institution.
A. 
It shall be unlawful for any person to conduct, maintain or operate in the City of Rye a public dance hall or cabaret unless the premises wherein the same is conducted, maintained or operated are licensed in the manner prescribed herein.
B. 
No person shall maintain, operate or conduct within the city any theater, moving-picture house, skating rink, public hall, circus, bowling alley, shooting gallery, miniature golf course, golf driving range or any other exhibition, performance, device or arrangement for public entertainment or amusement for money or hire without first obtaining a license from the City Clerk, except that no license shall be required where the net proceeds of such amusement, entertainment, exhibition or performance are for the exclusive benefit of any religious, educational or charitable purpose.
The license prescribed by this chapter shall be issued by the City Clerk. Application for such license shall be made on a form containing such information as may be determined by the City Clerk. Each license shall expire on the 31st day of December.
[Amended 10-14-1981 by L.L. No. 5-1981]
No license shall be issued until the application therefor is approved by the City Manager, who shall, prior to approval, cause an inspection of the premises to be licensed to be made by the departments of the city to determine whether or not the said premises comply with all laws and with the rules and regulations of the Building Department, Police Department, Fire Department and Westchester County Health Department insofar as the same are applicable thereto. Employees of any department of the city assigned to make an inspection under this chapter shall be permitted to have access to all public dance halls, cabarets and other premises at all reasonable times. The Commissioner of Police shall cause to be made, from time to time, such inspections as may be necessary to ascertain whether or not the licensed premises are maintained in compliance with law.
[Amended 12-5-1984 by L.L. No. 17-1984; 12-20-2000 by L.L. No. 8-2000]
The following annual fees shall be paid for each license, including a license for a portion of a year, issued pursuant to this chapter:
A. 
Bowling alley, miniature golf course, golf driving range, moving-picture house, skating rink, theater, circus, public hall, shooting gallery, public dance hall or cabaret: to be set annually by resolution of the City Council before adoption of the budget for the following year.
B. 
Public exhibition, performance, entertainment or amusement not otherwise provided for: to be set annually by resolution of the City Council before adoption of the budget for the following year.
Every person licensed in accordance with the provisions of this chapter shall immediately post such license and keep same posted while in force in a conspicuous place in the premises mentioned in the application for such license.
[Amended 10-14-1981 by L.L. No. 5-1981]
Premises licensed hereunder shall not be kept open for business, nor shall the public be permitted to enter or remain therein for the purposes licensed hereunder, between the hours of 3:00 a.m. and 8:00 a.m., except that proprietors, employees and regular guests of hotels shall be permitted to enter or remain during such hours. The Commissioner of Police, at his or her discretion, may permit any premises licensed pursuant to this chapter to be open to the public between such hours on special occasions.
[Amended 10-14-1981 by L.L. No. 5-1981]
The Commissioner of Police is empowered to suspend or revoke a license issued pursuant to this chapter, after a hearing upon notice to the licensee, for any of the following causes:
A. 
Violation by the licensee of any law or ordinance or any rule or regulation of any agency of the state, county or city pertaining to the operation and maintenance of the licensed premises.
B. 
Conviction of licensee for a felony.
C. 
Licensee has permitted disorderly, obscene or immoral conduct on the premises or conduct detrimental to health and safety of others or constituting a breach of the public peace.