Village of Briarcliff Manor, NY Chapter 97 Cabarets

[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor 9-14-2021 by L.L. No. 14-2021.[1] Amendments noted where applicable.]

[1] Editors Note: This local law repealed former Ch. 97, Cabarets, adopted 1-19-1984 by L.L. No. 2-1984, as amended 1-16-2003 by L.L. No. 1-2003.

§ 97-1 Purpose.

This chapter shall be deemed an exercise of the police power of the State of New York and of the Village of Briarcliff Manor for the protection of the economic and social welfare, health, peace and morals of the people of the Village of Briarcliff Manor, and all its provisions shall be liberally construed for the accomplishment of that purpose.

§ 97-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CABARET

An establishment of public resort, accommodation, assemblage, entertainment or amusement serving food and beverages of any kind and advertising, promoting, or providing i) live music; ii) amplified music; iii) karaoke; and/or iv) dancing.

CODE ENFORCEMENT OFFICER

The Briarcliff Manor Building Inspector, or his designee, any Fire Chief of the Briarcliff Manor Fire Department, and any police officer of the Briarcliff Manor Police Department.

PREMISES

The location of the cabaret licensed hereunder, including any contiguous parking areas.

§ 97-3 Cabaret regulations.

A. No person shall conduct, manage or operate a cabaret, as defined herein, unless such person shall hold a valid permit as provided hereunder.

B. The Village Clerk is hereby authorized to grant revocable cabaret permits subject to the ongoing compliance with the following terms and conditions:

(1) The cabaret license issued hereunder shall be securely posted in a conspicuous place at the main entrance to such cabaret.

(2) The occupancy of any site must not exceed the allowable maximum occupancy determined by the Building Inspector, or further limited by any other Code Enforcement Officer, as such maximum occupancy shall appear on the cabaret license granted and posted hereunder.

(3) The permitted hours for music or dancing shall not exceed the regular business hours of the establishment, without the prior permission of the Board of Trustees.

(4) The owner, proprietor, manager or person in charge of any cabaret licensed hereunder shall be prohibited from providing or allowing any entertainment, whether live or amplified by a mechanical device, of such intensity, character and duration so as to disturb the peace and tranquility of the residents of the Village of Briarcliff Manor.

(5) The owner, proprietor, manager or person in charge of any cabaret licensed hereunder shall not permit any disorderly, noisy, riotous or tumultuous conduct anywhere upon the premises.

(6) Permittees shall, at all times, maintain compliance with all relevant provisions of the Fire Code of the State of New York, including, but not limited to i) maintaining clear passageway and illumination to all required means of egress; ii) prohibiting the use of multiplug adapters or unsafe extension cords; iii) ensuring all entrance and exit doors remain unlocked while patrons or guests are in the premises; iv) adhering to all other provisions of the Fire Code to maintain the required safety of life and property.

(7) Permittees shall, at all times, maintain compliance with the Existing Building Code of New York State, the Property Maintenance Code of New York State, and any other applicable provisions of the Uniform Code.

(8) Permittees shall, at all times, maintain compliance with the requirements of all federal, state and municipal authorities and agencies having jurisdiction with respect to the premises and the conduct and operation of the licensed business therein and thereat, now in force or hereafter adopted during any license period.

§ 97-4 Exemptions.

A. The use of incidental recorded music, or live, nonamplified music possibly with accompaniment of a stringed instrument, both of which must be compliant with Chapter 146, Noise, by any restaurant, retail establishment, or other place of business shall be exempt from the requirement for such cabaret permit if played indoors and within a permanent structure, and at a level so as not to interfere with typical conversation among diners or other patrons.

B. No cabaret permit shall be required for any school or house of worship, which may permit indoor music and/or dancing on separate occasions in connection with any private wedding, birthday, society, association, religious, charitable, educational or governmental dinner, event or affair.

C. No cabaret permit shall be required for activities within any government building, structure, or property.

§ 97-5 Application for permit.

A. Each year, an application for a permit, or renewal of a previously issued permit, pursuant to this chapter, shall be made at least 14 days prior to the intended first annual date of use on a form designated by the Village Clerk. Such form shall contain at least the following information:

(1) The name and address of the applicant, who must be an owner, proprietor, manager or other person responsible for compliance to the regulations herein.

(2) The proposed site for the activity, and the business name operating at such site.

(3) A drawing, to standards acceptable to the Village Clerk and Building Inspector, showing:

(a) Any proposed changes from the previously approved layout of the space, including potential additions or relocation of tables, chairs, or other furniture, and the proposed location of entertainers, equipment, and areas for dancing. Such proposed layout must continue to allow clear access to entrances and exits.

(b) The capacity of the existing facility and capacity of any proposed usage of outdoor space, if applicable.

(c) A statement of the months, days and hours of intended cabaret operation, and days and hours of the associated business.

(d) The applicant's entire property and adjacent properties on the location map with streets for a distance of at least 50 feet, at a scale of one inch equals 10 feet.

(4) Any other information that the Village Clerk or Building Inspector may find reasonably necessary for the fair determination as to whether a permit should be issued.

B. The application shall be accompanied by an application fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.

§ 97-6 Determination on application.

A. The Village Clerk shall grant or deny an application for a permit pursuant to this chapter within 14 days of its complete submission.

B. The Village Clerk may deny any application for a permit under this chapter for any previous permit holder who, during the previous twelve-month period, had i) been cited for two or more violations under this chapter, or had ii) been found in violation of any violation of the chapter resulting in the revocation of the previous year's permit.

C. No permit shall be granted for any site that has not completed, to the satisfaction of the Building Inspector, a fire safety and property maintenance inspection within the 12 months prior to the application date.

§ 97-7 Notice of violation; denial, revocation or suspension of permit; sanctions.

Upon a finding by the Village Clerk or any Code Enforcement Officer that the permit holder has i) violated any provision of this chapter, ii) failed to comply with the terms and conditions of the permit, or iii) engaged in any practice in conjunction with the cabaret activity which constitutes a danger to the health or safety of any patron or pedestrian, a Code Enforcement Officer shall give notice to the permit holder to correct such violation or cease such practice within 24 hours. If the permit holder falls to comply with such notice, the Village Clerk or any Code Enforcement Officer may suspend the permit for a period not to exceed 30 days, during which time the permit holder shall lose all rights previously granted by the permit, but be entitled to a hearing before the Village Manager, at which the permit holder may be represented by counsel, to present evidence on his behalf and contest the charges against him. Upon consideration of the facts presented at the hearing, the Village Manager may revoke or reinstate, or reinstate the permit with additional conditions. In the event a permit is suspended or revoked, no portion of any fees related to the permit or the application therefor shall be refunded.

§ 97-8 Penalties for offenses.

Any person who shall violate any of the provisions of this chapter shall be subject to prosecution in the Village Justice Court and shall, upon conviction thereof, be subject to a fine that shall not exceed $500, or in the case of operating a cabaret without a valid permit, or with a suspended permit, a fine that shall not exceed $1,000, for each such offense. If a fine imposed pursuant to this section resulting from the maintenance, use or operation of a cabaret is not paid within five business days after the fine is imposed, the Village Clerk or Village Manager may revoke the permit for the remainder of the calendar year.

§ 97-9 Repealer.

Local Law No. 1-1971, enacted on January 21, 1971, Local Law No. 1-1977, enacted on January 6, 1977, and Local Law No. 2-1984, enacted on January 19, 1984, are hereby repealed.