[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.]
For the purposes of this chapter, the following
terms, phrases and words and their derivations shall have the meaning
given herein:
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.
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.
