[HISTORY: Adopted by the Village Board of the Village of Mamaroneck 10-11-1988 as L.L. No. 16-1988, effective 10-17-1988. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT ENTERTAINMENT CABARET
- A public or private establishment which presents topless dancers,
strippers, male or female impersonators or exotic dancers or other similar
entertainments and which establishment is customarily not open to the public
generally but excludes any minor by reason of age.[Added 10-12-1993 by L.L. No. 7-1993, effective 10-21-1993]
- Any room, place or space in the Village of Mamaroneck in which any
live musical entertainment, singing, dancing or other similar amusement is
permitted in connection with the restaurant business or the business of directly
or indirectly selling to the public food or drink.[Amended 3-13-1995 by L.L. No. 3-1995, effective 3-20-1995]
- PUBLIC DANCE HALL
- Any room, place or space in the Village of Mamaroneck in which dancing is carried on and to which the public may gain admission, either with or without the payment of a fee, except however, premises owned, occupied or used by a religious, charitable, governmental or educational corporation or institution.
- PUBLIC DANCE OR BALL
- Any dance or ball of any nature or description to which the public may gain admission.
[Amended 10-12-1993 by L.L. No. 7-1993, effective 10-21-1993]
No person, firm or corporation shall conduct, maintain or operate or engage in the business of conducting, maintaining or operating in the Village of Mamaroneck a public dance hall or a cabaret or an adult entertainment cabaret unless the premises wherein the same is conducted, maintained or operated is licensed in the manner prescribed by this chapter and is otherwise in compliance with applicable local law.
[Amended 3-13-1995 by L.L. No. 3-1995, effective 3-20-1995]
A membership corporation, club, association or society which permits live musical entertainment, singing, dancing or other form of amusement in premises wherein any food or drink is directly or indirectly sold to its members or their guests or to the public shall be subject to the conditions and provisions of this chapter.
The license prescribed by this chapter shall be issued by the Village Manager. Application for such license shall be made on a form containing such information as may be determined by the Village Manager. The fee for each such license for each year, or fraction thereof, shall be set forth in Chapter A347, Fees. No such license shall be issued unless the place for which it is issued complies with all laws and ordinances and with the rules and regulations of the New York State Building and Fire Code, the Code of the Village of Mamaroneck and the Westchester County Health Code and, in the opinion of the Village Manager, is a safe and proper place to be used as a public dance hall, cabaret or club, and the person or persons seeking such license is or are deemed by the Village Manager to be fit or proper persons.
No license shall be issued until the Village Manager shall have caused an inspection to be made of the premises to be licensed and until the Village Manager is satisfied that such place complies with all laws and ordinances of the village and the rules and regulations of all departments of the village and that the person or persons seeking such license is or are fit and proper persons. The Village Manager shall also cause to be made such inspection as may be necessary to ascertain whether the places licensed are maintained in compliance with law. For the purpose of facilitating the inspection prescribed by this section, the Village Manager is authorized to call upon the head of any other department of the village, and such department and its employees shall make such inspection as may be required. The Village Manager and the employees of any department assigned to make inspections under this chapter shall be permitted to have access to all public halls and cabarets at all reasonable times.
Pending the investigation of any application and the final disposition thereof, the Village Manager is hereby authorized to issue a temporary thirty-day permit, which may be renewed from time to time, upon such terms and conditions as may be fixed by the Village Manager and approved by the Board of Trustees. The fee for any such temporary permit shall be set forth in Chapter A347, Fees. A temporary permit may be revoked in the manner as set forth in § 150-11 of this chapter.
The term of licenses shall be for a period of one (1) year, commencing with January 1 and terminating at the end of the following December, except that an original license shall be effective from the date the license is granted to the end of the month of December following.
Renewal applications shall be submitted to the Village Clerk at least thirty (30) days prior to expiration of the license. Renewals of licenses shall be effective for the one-year term described above.
Each license issued pursuant to this chapter shall be at all times displayed in a conspicuous place at the main entrance of the premises for which it is issued.
[Amended 3-13-1995 by L.L. No. 3-1995, effective 3-20-1995]
No live music shall be played or dancing permitted on premises licensed by this chapter between the hours of 2:00 a.m. and 8:00 a.m. on mornings of days following Fridays and Saturdays and on mornings of days following holiday eves which are recognized by the State of New York. On all other days, no live music shall be played or dancing permitted between the hours of 1:00 a.m. and 8:00 a.m. The Village Manager, in his discretion, may permit any premises licensed pursuant to this chapter to be open to the public between such prohibited hours on special occasions.
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 on such license.
A license may be revoked by the Board of Trustees for any violation of law or upon the ground that disorderly, obscene or immoral conduct is permitted on the licensed premises. The Village Manager, upon direction of the Board of Trustees of the village, shall cause to be served upon such parties, as they may deem to be interested therein, such reasonable notice, as they may determine to be proper, of its intention to revoke such license. There shall be included in or attached to such notice a statement of the facts constituting the violation charged. Such parties shall be entitled to a hearing before the Board of Trustees.
Any person committing an offense against any provision of this chapter or any rule or regulation adopted pursuant to this chapter shall be punishable by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for a term of not more than fifteen (15) days, or by both such fine and imprisonment.
Conviction for an offense against this chapter shall constitute and effect immediate forfeiture and cancellation of any license issued hereunder.