It is hereby declared the policy of the Village
of Sea Cliff that in order to preserve public peace and good order
and to safeguard health, safety, welfare and morals, it is necessary
to regulate and control the operations and conduct of places conducted
as cabarets, bars, discotheques and places of entertainment so as
to fix certain responsibilities and duties of persons owning, operating
or controlling such establishments. This entire chapter shall be deemed
an exercise of the police power of the State of New York and of the
Village of Sea Cliff for the protection of the economic and social
welfare, health, peace and morals of the people of the Village of
Sea Cliff, and all of its provisions shall be liberally construed
for the accomplishment of that purpose.
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
Any person applying for a license under this chapter.
BAR and/or LOUNGE
Any place of public assembly in which the business of directly
or indirectly selling and/or serving drink and/or food to the public
is conducted and in which there is no dancing in a designated area
or music, whether live or mechanical, other than incidental musical
entertainment. If or when such business or premises shall engage in
any business or conduct which falls within the definition of "cabaret"
or "discotheque" or other similar or equivalent business, activity
or place of entertainment, it shall be required to obtain a license
pursuant to this chapter.
CABARET
Any place of public assembly in which the business of directly
or indirectly selling and/or serving food and/or drink is conducted
and in which any form of entertainment, whether live or mechanical,
singing, dancing in a designated area or other form of amusement is
also permitted, but shall not include a business or premises conducted
strictly as a bar or lounge as the same is defined herein.
DISCOTHEQUE
Any place of public assembly in which the business of directly
or indirectly selling and/or serving food, drinks and/or beverages
to the public is conducted and in which dancing is carried on by any
musical entertainment and to which the public may gain admission either
with or without the payment of a fee, but shall not include a business
or premises conducted strictly as a bar or lounge as the same is defined
herein.
DOOR
A door of solid construction capable of diffusing and diminishing
noise, either natural or mechanical, loud conversations or profane
utterances or disturbing noises produced by a television set, radio,
record player, jukebox or other mechanical device on the property
or loud or boisterous singing or shouting which disturbs or intrudes
the tranquility and peace of the immediate neighborhood and which
carries outside of the building and/or which may be offensive to passersby.
INCIDENTAL MUSICAL ENTERTAINMENT
Music which is either live or provided by mechanical devices
and kept at such volume that all persons at the premises are able
to speak in a modulated voice and be heard by others with whom they
are conversing over the background music.
PERSON
Any individual or partnership, firm, club, corporation, association,
society or any other organized group of persons, including the officers,
directors, stockholders and trustees of a club, corporation, association
or society.
PLACE OF PUBLIC ASSEMBLY
Any room, place or space which is occupied or arranged to
be occupied for recreational, amusement, social, sports or similar
purposes, or any building, shed or enclosure, whether indoor or outdoor,
coming within the occupancy and other similar classifications of this
chapter, as determined by the officer charged with the enforcement
of this chapter. For the purposes of interpretation, the term "public
assembly," where used in this chapter, shall include the term "public
assembly," as may be used in other codes, laws, ordinances, rules
or regulations as may be applicable in the Village of Sea Cliff.
Every applicant for a license shall file with
the Village Clerk a statement signed and sworn to, by an individual,
by all partners if a partnership and by the president or other duly
authorized officer if a corporation, containing the following information:
A. The name, age and residence address of each applicant
and, if there are more than one and they are partners, the partnership
name and the age and residence address of each partner.
B. If such applicant is a stock corporation, the names
and residence addresses of its directors or other governing body,
the names and residence address of its officers and, except in the
discretion of the Village Board, the stockholders and the state under
whose laws it is organized.
C. The premises to be licensed, stating the street and
number if the premises has a street and number, and otherwise such
description as will reasonably indicate the location thereof.
D. The name and address of the building or premises wherein
or whereon the licensed premises is located.
E. Whether the applicant is a lessee and, if so, the
name and residence address of the lessor.
F. If the applicant does not reside in the Village of
Sea Cliff, the name and address of an agent, who shall be a natural
person and who shall reside or have a place of business in the Village
of Sea Cliff and who shall be authorized and shall agree by verified
statement to accept notices or summons issued by the Village Board
or its designated employee or officer with respect to violations of
any law or ordinance or any rules or regulations thereunder which
are enforceable by said employee or officer.
G. A statement that the person applying for the license
has not been convicted of any crime, misdemeanor or violation of any
local law or ordinance of the Village of Sea Cliff, other than traffic
and parking violations or, if the person has been convicted, the nature
of the crime and violation, the court where convicted, the date of
the penalty assessed and said penalty.
H. The precise purpose and the precise nature of the
business to be conducted for which the license is sought, including
the days and times when such proposed activity is to be conducted;
the location within the establishment where dancing is proposed to
take place; the location within the establishment where the entertainment,
show and/or equipment for the conduct of the proposed activity is
to be placed; and the number of tables and/or seats if any which will
be displaced by the proposed conduct or activity.
I. Where the application is for a license for a place
engaging in the sale of food or beverages, the applicant must present
with the application a certification of approval by the Nassau County
Department of Health.
J. The maximum number of occupants, as determined by
the Nassau County Fire Marshal and the Building Inspector.
K. A description of the physical characteristics and
appurtenances of the premises where the proposed business is to be
conducted.
L. Such other information as the Village Board may determine
shall be furnished.
The license to conduct, maintain, operate or
engage in any of the aforesaid businesses or activities shall be issued
only after the Village Board or its duly designated employee or officer
shall have caused, at the option of the Board of Trustees, an inspection
to be made of the premises to be licensed and is satisfied that such
premises complies with all laws and ordinances that may be applicable
thereto, including any rules and regulations promulgated thereunder
and such laws, rules and regulations enforceable by any governmental
authority.
If the Village Board shall disapprove an application
for a license under this chapter, it shall cause to be endorsed upon
such application its disapproval thereof and shall attach thereto
a statement of its reasons therefor. The Village Clerk shall thereafter
notify the applicant of such action by regular mail.
[Amended 7-13-2009 by L.L. No. 6-2009]
The term of all new, existing and renewal licenses
shall be for a period of three years, commencing on February 1 and
terminating at the end of January in the third year of the new, existing
or renewal license. An original or existing license shall be effective
from the date the license is granted to the end of the month of January
in the third year of the license. Renewals of licenses shall be effective
for the three-year term described herein.
The fees for all licenses issued under this chapter shall be as set forth in Chapter
A142, Schedule of Fees. Such fee shall accompany each application. Such license shall be at all times displayed in a conspicuous place at the place of business for which it is issued.
Any notice to be given under this chapter shall
be deemed to have been duly given when:
A. Served personally upon the licensed person or sent
by registered or certified mail addressed to his residence contained
in the application or any supplemental application.
B. In the case of a corporate licensee, served personally
upon an officer of said corporate licensee or sent by registered or
certified mail addressed to an officer thereof at his residence, together
with a copy of the notice sent by ordinary mail to the address of
the licensed premises.
C. Served personally upon or sent by registered or certified mail to the agent designated under §
50-4F.
D. Served in any manner otherwise specifically provided
for in this chapter or the Village Code.
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 for any location other than the location stated
in such license.
Every person holding a license under this chapter
shall comply with the following provisions:
A. No light on any part of the premises licensed hereunder
or on any place of public assembly 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, in watertight receptacles and securely covered. Such
receptacles shall be maintained in a sanitary condition.
C. No soot, cinders, smoke, noxious acids, fumes, gases
or disagreeable or unusual odors shall be permitted to emanate from
the premises so as to be detrimental to any person or to the public
or which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of any person or the public.
D. No music shall be played 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 for which
the license has been issued. 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, peace or safety of any residential,
business or commercial property in the area or other persons or the
public.
E. No loud, unnecessary or unusual noise or any noise
shall be permitted to be made or continued or caused to be made or
continued which either annoys, disturbs, injures or endangers, or
tends to annoy, disturb, injure or endanger, the comfort, repose,
health, peace or safety of other persons or the public.
F. No business or activity for which a license is required
pursuant to this chapter shall be conducted, maintained or operated
between the hours of 2:00 a.m. and 11:00 a.m.
G. Such other terms or conditions, including hours of
operation, as the Village Board shall deem proper to protect the health,
safety and welfare of the residents of the Village of Sea Cliff or
of the persons attending such cabaret, discotheque or place of entertainment.
H. The maximum number of patrons safely permitted upon
the licensed premises at one time as determined by the Village Board
in order to prevent overcrowding and the resultant hazards to health
and safety. Such maximum number so determined shall be stated on said
license, and it shall be unlawful for the owner, proprietor, manager
or person in charge of any premises licensed hereunder to allow or
permit more patrons than the number stated on said license.
I. No licensee shall permit:
(1) Gambling at any licensed premises, except as may be
permitted by the State of New York.
(2) The giving of any performance of a lewd, suggestive,
vulgar or immoral type or the use therein of any indecent or obscene
language or any behavior tending to corrupt the public morals or incite
the public to break any law or ordinance.
(3) Any disorderly, lewd, dissolute, drunken or boisterous
person, any person under the influence of intoxicating liquor or a
narcotic or hallucinogenic drug or any person whose conduct tends
in any way to corrupt the public morals to be admitted to or to remain
in or about any licensed premises.
(4) A child less than 16 years old to enter or remain
in such place, unless the child is accompanied by his parent or guardian
or an adult authorized by a parent or guardian.
J. Any person holding a license pursuant to this chapter
shall permit the Village Board or its duly designated employee or
officer to inspect the premises to satisfy the Village that such premises
comply with all laws and ordinances that may be applicable thereto,
including any rules and regulations promulgated thereunder, the conditions
and restrictions contained in the license and such laws, rules and
regulations enforceable by any governmental authority.
K. No door of entry or exit shall be permitted or allowed
to stand open or ajar during business hours if any violation of the
sound, noise, music or any other provision of this chapter occurs
as a result thereof.