Village of Endicott, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Endicott as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 99.
Games of chance — See Ch. 147.
Property and building nuisances — See Ch. 190.
[Adopted 7-10-2006[1]]
[1]
Editor's Note: This enactment supersedes former Art. I, Bowling Alleys and Shooting Galleries, adopted 10-23-1989 by L.L. No. 5-1989 as Ch. 57, Art. I, of the 1989 Code.
No person shall keep or conduct any bowling alley, pool hall, pinball and/or video arcade or similar place of amusement for money or hire without first obtaining a license to do so from the Village Clerk. Operating or maintaining three or more of the aforementioned amusements in any combination shall constitute an amusement arcade.
Any person applying for a license under the provisions of § 85-1 shall pay a fee as follows:
A. 
For a bowling alley: $10, plus $5 for each additional alley.
B. 
For an amusement arcade: $25.
Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Adopted 10-23-1989 by L.L. No. 5-1989 as Ch. 57, Art. II, of the 1989 Code]
No dance for which admission can be had by paying for the right to be admitted; or to which admission can be had by the purchase, possession or presentation of a ticket or token; or to which admission can be had by the purchase of liquid refreshments, beverages or food, to be consumed on or off the premises; or at which a charge is made for any purpose in lieu of an admission charge; or at any public place, business or other establishment where patrons thereof or persons therein are permitted to dance, shall be conducted within the limits of the Village unless a license has been obtained from the Village Clerk to conduct the same at a place designated therein. All licenses shall be issued subject to the conditions and provisions contained in this article.
The Village Clerk may grant a license, to be known as a "yearly license," which shall entitle the licensee to conduct public dances or permit dancing on any and all days of the calendar year of the issuance of said license subject to the provisions hereinafter set forth in this article.
The following classes of licenses may be issued by the Village Clerk for the privilege of conducting a dance pursuant to the provisions of this article:
A. 
Class A. A Class A license shall authorize the holder thereof to conduct or permit dancing only upon the date specified therein.
B. 
Class B. A Class B license shall authorize the holder thereof to conduct or permit dancing upon any day of the calendar year in which it is issued, except as otherwise provided herein. No Class B license shall be issued unless the applicant therefor shall then and there be engaged, and continue to be engaged during such license period, in the business of conducting a bona fide restaurant or grill and/or soda spa and/or unless such person is the holder of a license issued pursuant to the provisions of the Alcoholic Beverage Control Law of the State of New York for the consumption of beverages upon the premises of such license holder.
C. 
Class C. A Class C license shall authorize the holder thereof to conduct or permit dancing upon any day of the calendar year in which it was issued, except as otherwise provided herein.
A. 
Fees specified. The fee for a license issued under the provisions of this article shall be as follows:
(1) 
Class A: $10.
(2) 
Class B (restaurants): $50.
(3) 
Class C (dance only): $100.
B. 
Proration of fees. For any Class B or C license issued after the first day of April and before the first day of July in any year, the license fee shall be 3/4 of the fee herein provided; if such license is issued after the first day of July and before the first day of October in any year, the license fee shall be 1/2 of the fee herein provided; if such license is issued after the first day of October and on or before the 31st day of December in any year, the license fee shall be 1/4 of the fee herein provided.
A license required pursuant to the provisions of this article shall be issued in accordance with this article and shall be signed by the Village Clerk and the fee therefor paid to the Village Treasurer, who shall endorse thereon the receipt of said fee, and said license shall not be effective until the receipt of the Treasurer shall have been endorsed thereon.
No license fee shall be refunded for either the voluntary surrender or revocation of any license issued under the provisions of this article.
Each license issued pursuant to this article shall be in writing and shall contain the following information:
A. 
The name of the person to whom the license is issued.
B. 
The class of such license.
C. 
The date of issuance.
D. 
The time and place of the dance so licensed and the expiration date thereof.
E. 
An express provision that any member of the Police Department of the Village shall have free access at any time to each such dance so licensed.
Any applicant applying for a license under the provisions of this article who shall be refused such license by the Village Clerk may apply to the Board of Trustees therefor at a meeting thereof, and the same may be granted or refused by the Board.
A license granted under the provisions of this article shall apply to and cover only the calendar year in which it was issued, from the date thereof to December 31 of the same year, except, however, that each license issued hereunder shall be valid until 3:00 a.m. of the day following the expiration date thereof, except as otherwise provided herein.
Licenses granted pursuant to the provisions of this article shall not be transferable.
The Mayor may suspend any license issued under the provisions of this article until the next meeting of the Board of Trustees, and thereupon said license may be revoked or continued by the Board.
It shall be unlawful for any person to permit a person of bad character, prostitute, gambler, intoxicated person or a person possessing intoxicating liquor or a person under the influence of or possessing narcotic drugs to frequent or attend any dance held pursuant to the license obtained under the provisions of this article.[1]
[1]
Editor's Note: See also Ch. 190, Property and Building Nuisances.
It shall be unlawful for any person licensed under the provisions of this article to permit any person under the age of 18 years to frequent or attend any dance unless accompanied by parent or guardian, except, however, that persons under the age of 18 but not less than 16 years of age may be permitted to attend any such dance until 11:00 p.m., but not thereafter.
Any person violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense or imprisonment not exceeding 15 days, or both such fine and imprisonment.