[HISTORY: Adopted by the Board of Trustees of the Village of Endicott
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-2006[1]]
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:
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.
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]
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.
