[HISTORY: Adopted by the Town Board of the Town of Harrison 9-29-1941
as Ch. 40 of the General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any room, place or space in the Town of Harrison in which any professional
entertainment or floor show of any kind whatsoever or similar entertainment
is permitted or provided in connection with the business of selling food or
drink to the public.
Natural persons, corporations, partnerships, associations, joint-stock
companies, societies and all other entities of any kind capable of being sued.
It shall be unlawful, after this chapter takes effect, to conduct, maintain
or operate or engage in the business of conducting, maintaining or operating
a cabaret in the Town of Harrison unless the premises wherein the same is
conducted, maintained or operated is licensed in the manner prescribed by
this chapter.
All persons seeking a license as herein provided shall file with the
Town Clerk a sworn written application containing the following:
A.
The names, residences and ages of the applicants, if
individuals or a firm or a partnership; and if a corporation or other association,
the names, ages and addresses of the principal officers, directors, manager
or managers.
B.
The length of time each person mentioned in such application
has resided in the Town of Harrison, his place of previous employment, whether
married or single and whether or not he or she has ever been convicted of
a violation of any of the laws of the State of New York or any subdivision
thereof and, if so, the offense of which he or she has been convicted, the
date thereof and the court or jurisdiction in which such conviction occurred.
C.
The address or place where such cabaret is to be located
or conducted, the number of entrances and exits and the exact location of
the room or rooms to be occupied for such purposes and the area of the floor
space to be used for dancing.
D.
Whether the applicant or applicants or manager had, either
alone or with someone else, previously engaged as owner or employee in conducting
a cabaret, when and where and how long.
E.
The name and address of the person owning the premises
for which a license is sought.
F.
Whether a hotel or rooming or lodging house is, at the
time of the application, conducted in any part of the premises for which a
license is sought and if it is intended to continue use after a license is
issued.
G.
Whether the premises is approved by the New York State
Liquor Authority having jurisdiction.
[Amended 2-19-1986 by L.L. No. 2-1986]
H.
Such other information as the Town Board may, from time
to time, ask.
The Town Clerk shall refer such application to the Chief of Police,
Building Inspector and any other official or any other person designated by
them, who shall inspect the premises or make such investigation as is necessary
and expedient to determine the character and fitness of the applicant for
such license and whether the proposed place to be used for said cabaret complies
with all regulations, ordinances and laws applicable thereto. The report of
such committee shall be in writing and shall be submitted to the Town Clerk
with a recommendation to grant or refuse said license.
A.
No license shall be issued unless and until it shall
be found that all of the persons named in the application are of good moral
character; that the proposed cabaret complies with and conforms to all ordinances,
health and fire regulations and other laws applicable thereto; that it is
properly ventilated and supplied with separate and sufficient toilet conveniences
for each sex; and that it is a safe and proper place for the purposes for
which it shall be used.
B.
No license shall be issued by the Town Clerk tc any applicant
or applicants who shall have been convicted of a crime or any offense, in
this or any other jurisdiction, or of the provisions of this ordinance or
any similar ordinance in any city, town or village. No license shall be refused
except for good cause and for the protection of public safety, health, morals
or general welfare.
C.
Any applicant who has been refused a license by the Town
Clerk may apply to the Town Board therefor, and the same may be granted or
refused by the Board except as prohibited herein. The action of the Town Board
shall be subject to review by certiorari.
A.
Upon compliance with the terms of this chapter by the
applicant or applicants, the Town Clerk, upon payment of the license fee herein
fixed, shall issue to the applicant a license to conduct and maintain a cabaret
in the location applied for during the term and in accordance with the other
provisions of this chapter.
B.
Licenses shall expire on the 31st day of December at
12:00 midnight following the date of issuance thereof.
[Amended 2-21-2007 by L.L. No. 1-2007]
The license fee shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code, and said sum is hereby determined to be the reasonable cost to the Town for the investigation of the application, the issuance and recording of the license and the subsequent supervision of the premises as herein provided.
Every person licensed in accordance with the provisions of this chapter
shall immediately post such license and keep the same posted while in force
in a conspicuous place in the premises mentioned in the application for such
license.
A.
If, at any time after the granting of such license, the
licensee shall be convicted of any violation of this chapter or of any other
ordinance or law applicable to the premises or the operation thereof, then
and in that event the license shall be forthwith revoked, and the licensee
shall immediately surrender the license to the Town Clerk for cancellation.
Any licensee whose license is revoked as herein provided shall not be entitled
to any refund of any part of the license fee.
B.
The Town Board may, after notice and hearing provided,
revoke the license if it finds that the premises are used for disorderly or
immoral purposes or that the cabaret was frequented by disorderly or immoral
persons or for violation of any of the laws, regulations or restrictions of
this chapter or of any other ordinance, law and regulation of the State of
New York. County of Westchester or Town of Harrison governing or applying
to the premises or the licensee.
C.
The licensee shall be entitled to notice in writing,
to be delivered to the licensee or the person in charge of the premises licensed,
containing the substance of the violation charged and the time and place of
the public hearing on such charges before the Town Board, which shall not
be less than five days after the date of the service of such notice. At such
hearing the licensee shall have the right to appear and be heard thereupon
and the Town Board shall hear such proof in regard to such events as it deems
proper and shall act thereupon in accordance with the facts. Action by the
Town Board shall be subject to review by certiorari.
All cabarets shall be kept at all times in a clean, healthful and sanitary
condition, and all stairways and other passages and all rooms connected with
a cabaret shall be kept open and well lighted during the public use.
The Chief of Police shall have power and it shall be his duty to cause
the place, hall or room where any cabaret is maintained to be vacated whenever
any rule or regulation or any law or ordinance with regard to cabarets or
public places is being violated or whenever an indecent act shall be committed
or threatened to be committed or whenever any disorder or conduct of a gross,
violent and vulgar character shall take therein or whenever any known prostitute,
procurer or vagrant is found to frequent such place.
No floor shows or other entertainment, musical or otherwise, shall be
held, permitted or conducted in a cabaret after the hour of 12:00 midnight.
[Amended 2-19-1986 by L.L. No. 2-1986]
A.
It shall be unlawful after 9:00 p.m. to permit any person
to attend or permit the attendance at a cabaret of a person who has not reached
the age of 19 years, unless such person is in the company of a parent or natural
guardian.
B.
It shall be unlawful for any person to represent himself
or herself to have reached the age of 19 years in order to obtain admission
to a cabaret or to be permitted to remain therein when such person, in fact,
is under 19 years of age. It shall also be unlawful for any person to represent
himself or herself to be a parent or natural guardian of any person in order
that such person may obtain admission to a cabaret or shall be permitted to
remain therein when the person making the representation is not, in fact,
either a parent or natural guardian of the other person.
It shall be unlawful for any person conducting a cabaret or any manager
or other agent of such person:
A.
To permit any known prostitute, male or female procurer
or vagrant to be present at any cabaret.
B.
To permit gambling in any form on the premises.
C.
To permit idlers, loiterers or disorderly persons to
be on or about the cabaret premises.
D.
To permit men to enter the ladies' room or parlor.
E.
To permit dancing that is vulgar, indecent, suggestive
or immoral.
F.
To discriminate between the sexes by offering free admission
to either sex as an inducement to stimulate attendance.
G.
To permit endurance dancing contests, commonly known
as "marathon dances."
The members of the Police Department shall have access at all times
to premises where cabarets are conducted to investigate all complaints about
said premises and to supervise such cabarets and shall visit such cabarets
and report any and all violations.
No cabaret shall be licensed under this chapter unless the dance floor
of said premises shall be continuously and wholly on the ground floor. The
ground floor is the floor at ground level.
[Amended 2-19-1986 by L.L. No. 2-1986]
Any person violating any of the provisions of this chapter shall, upon
conviction, be punishable by a fine not to exceed $250 or by imprisonment
for a term not to exceed 15 days, or both.
