[HISTORY: Adopted by the Town Board of the Town of North Salem 4-12-1994
as L.L. No. 1-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 30.
The Town Board hereby finds that cabarets within the Town of North Salem
create unique impacts in regard to municipal services, traffic patterns and
fire and safety conditions and upon the residents of the surrounding areas.
The purpose of this chapter is to minimize the adverse impacts of such cabarets
and yet permit their existence, thus providing for the economic and social
welfare, health, peace and morals of the people of the Town of North Salem.
The provisions of this chapter shall be liberally construed for the accomplishment
of that purpose.
A.
CABARET
EMPLOYEE
PERSON
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
An establishment of public resort, accommodation, assemblage, entertainment
or amusement where refreshments of any kind are served for gain or profit
and/or dancing, entertainments or exhibitions are given or permitted in connection
therewith or a place of public resort, accommodation, assemblage, entertainment
or amusement where exhibition or other forms of entertainment or amusement
are given or conducted for gain or profit and dancing and servicing of refreshments
of any kind are permitted. The term "cabaret," as used herein, shall not include
a full-service restaurant providing full-course meals with waiter and waitress
service which derives the majority of its gross revenues from the sale of
food, exclusive of beverages, and which has, as part of the occupancy and
services offered, background music for the benefit of patrons or any establishment
wherein dancing is incidental to the service of food or drink.
A person employed in any capacity or title in connection with a cabaret,
including the licensee and any and all persons responsible for the control
or management thereof. It shall also include a concessionaire and each person
employed by such concessionaire.
Includes natural persons, firms, copartnerships and corporations,
whether acting by themselves or by servant, agent or employee.
B.
Word usage. The singular number shall include the plural,
and the masculine pronoun shall include the feminine.
It shall be unlawful for any person to conduct, maintain or operate
a cabaret unless the premises wherein the same is conducted, maintained or
operated is licensed in the manner prescribed herein. Cabarets operating prior
to the adoption of this chapter shall apply for a license within 20 days after
its enactment.
A.
Any person desiring to procure a cabaret license shall
make application therefor to the Town Board, upon a form to be furnished by
the Town Clerk. Such form shall contain, but shall not be limited to, the
following information:
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TOWN OF NORTH SALEM
Application for Cabaret License
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(1)
Name, address, date of birth and social security or tax
identification number of the applicant.
(2)
Whether the applicant is an individual, partnership,
corporation or other association.
(3)
If a partnership, the names, addresses, dates of birth
and social security numbers of all persons having an interest in the partnership.
(4)
If a corporation, the names, addresses, dates of birth
and social security numbers of all officers, directors and managers, specifying
their corporate status.
(5)
If a corporation, the name of each stockholder having
10% or more of the total outstanding shares of any class of stock. There shall
also be given the number of shares held by the stockholder and his percentage
of the total outstanding shares of stock.
(6)
Name, address, date of birth and social security number
of each and every employee and manager of the premises.
(8)
The applicant's place of previous employment.
(9)
Whether any person mentioned in Subsection A(1), (3), (4), (5) and (6) has been engaged individually as an operator or manager of a cabaret or similar business within the last five years and, if so, the name of such business, its address and the length of time such person operated or managed such business.
(14)
The name of the cabaret under which the applicant will
operate and the location.
(15)
Whether the premises upon which the proposed cabaret
is to be conducted complies with the requirements of the Building Code and
those relating to health and sanitation.
(16)
Whether the premises complies with the requirements of
the local law of the Town of North Salem relating to and regulating cabarets,
providing for the licensing thereof, regulating the conduct of persons therein,
defining offenses and providing penalties for the violation thereof.
(17)
The nature of the entertainment to be produced.
(18)
The area of the floor space to be used by the public,
the maximum number of rooms to be occupied by the public, the maximum number
of tables in each occupied room and the number of entrances and exits.
(19)
Whether any part of the premises to be used will be used
for a hotel, rooming house or lodging house and, if so, the full particulars.
(20)
Affixed to the application shall be two copies of a scale
drawing showing the dimensions of all occupied rooms; the locations of all
tables; the width of aisles between tables; the width of aisles between tables
and walls, posts, poles, bars, stages and other fixtures, appurtenances and
appliances; and the location of all exits, exit signs and emergency lighting.
(21)
The County Health Department permit number.
(22)
Whether cabaret activities shall be conducted every day
of the week or be limited to Friday, Saturday and Sunday or be limited to
some other specified day or days of the week.
(23)
In addition to the foregoing, applicant shall supply
any and all reasonably relevant information concerning its application to
operate a cabaret when requested to do so by authorized officials of the Town.
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State of New York: County of Westchester, SS:
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____________, being duly sworn, deposes and says: I am the ______________,
above-named applicant, and make this affidavit for the purpose of obtaining
from the Town of North Salem a license to operate a cabaret as provided in
an ordinance relating to and regulating cabarets, providing for the licensing
thereof, regulating the conduct of persons therein, defining offenses and
providing penalties for the violation thereof. I have personal knowledge of
the matters stated in the foregoing application, and the statements therein
contained are true.
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Sworn to before me this _____ day of __________, 19____.
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___________________________
Notary Public: Westchester County
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B.
Said application shall be signed and duly verified by
the applicant before an officer authorized to administer oaths. No such applications
shall be granted to conduct such cabaret on premises which do not conform
to the requirements of this chapter and all laws and regulations of the State
of New York and all ordinances and regulations of the Town of North Salem.
C.
Each applicant, manager of any proposed cabaret and security guards required by § 60-25 shall submit two sets of fingerprints and photographs to the North Salem Police Department. The fingerprints and photographs of each such person shall be taken by the North Salem Police Department, and the applicant shall pay any fees required. If the applicant is a company or corporation, then two full sets of fingerprints of a principal officer of said company or corporation shall be provided in accordance with this subsection. The Police Department shall forward the applicant's fingerprints to the New York State Division of Criminal Justice Services (DCJS) and shall be responsible for reviewing criminal history record information disseminated by the DCJS. A certified check or money order, in the amount specified by and made payable to the DCJS to cover the cost of processing fingerprints, shall accompany the application.
A.
The Town Board, upon presentation of such application
and before acting upon the same, shall refer such application to the Department
of Police and the Building Inspector for a full investigation as to the truth
of the statements contained therein and as to any or all other matters which
might tend to aid said Town Board in determining whether or not such application
should be granted. The investigation by the Chief of Police shall also include
an examination into the present and projected noise, traffic and public safety
impacts of the proposed cabaret. Said Department of Police and Building Inspector
shall, within 30 days after any application has been referred to them, furnish
a written report to the Town Board containing the result of its investigation.
B.
If the Town Board is satisfied that the statements contained
in such application are true and that the applicant and the premises described
in the application comply with the requirements of this chapter and all laws
and regulations of the State of New York and the Town of North Salem, it shall
issue the license applied for. However, the Town Board may deny the application
if:
(1)
The report of the Chief of Police, based on police reports
filed in his office, shall show that within the prior twenty-four-month period
the applicant or anyone owning an interest in the proposed cabaret has been
convicted of two or more of any of the following:
(a)
Exceeding occupancy limits.
(b)
Gambling.
(c)
Locked exit doors when premises are occupied by a person
or persons.
(d)
Obstructed exits and/or aisles.
(e)
Inoperable or nonexistent exit signs.
(f)
No smoke detectors.
(g)
Permitting disorderly premises (which shall mean fights
or assaults in the premises or riots or other disturbances of a similar nature
in or about the premises).
(2)
The report of the Chief of Police, based on police reports
filed in his office, shall show that any of the following have taken place
in the last 36 months, arising out of the operation or maintenance of the
premises for which the license is applied for or has been granted hereunder:
(a)
A fire resulting in death or serious physical injury
as defined in Penal Law § 10.00, Subdivision 10, in which one or
more fire code violations existed on the premises at the time of the fire.
(b)
Death or serious physical injury as defined in Penal
Law § 10.00, Subdivision 10, taking place on the premises at the
time or arising out of an incident or incidents on the premises and taking
place in close proximity in time and place to the premises.
(c)
A riot as defined in Penal Law § 240.05 takes
place upon the premises or arising out of an incident on the premises and
taking place in close proximity thereto in time and place.
(3)
The applicant or anyone owning an interest in the proposed
cabaret has, within three years preceding the date of such application, been
convicted of violating any laws or ordinances relating to the sale of intoxicating
liquor.
(4)
The applicant or anyone owning an interest in the proposed
cabaret has ever been convicted of a crime.
(5)
The applicant or anyone owning an interest in the proposed
cabaret has ever been convicted of violating any laws or ordinances relating
to public morality and decency.
(6)
There is a failure to comply with the requirements of
this chapter and all laws and regulations of the State of New York and all
ordinances and regulations of the Town of North Salem, which failure, in the
judgment of the Town Board, adversely affects or tends to affect the protection
of the health, safety and welfare of the inhabitants of the Town of North
Salem.
C.
If the Town Board shall not be satisfied that the application
should be granted, then the Town Board shall, upon at least three days'
notice to the applicant, hold a hearing upon such application at which the
applicant shall be given an opportunity to prove by competent evidence that
the applicant, or anyone owning an interest in the proposed cabaret, has never
been convicted of any of the above-mentioned offenses as herein provided and
that the premises described in the application complies with the requirements
of this chapter and all laws and regulations of the Town of North Salem or
that other factors exist which justify the issuance of the applied for license.
If, after such hearing, the Town Board shall find from a preponderance of
the evidence that the foregoing facts have been established, it shall issue
the applied for license. If, after such hearing, the Town Board shall find
that the foregoing facts have not been established by competent evidence,
the application shall be denied. The action of the Town Board after such hearing
shall be final.
The license fee shall be and the same is hereby fixed,[1] provided that in the event that a license is granted after the
first of July of any year, the license fee shall be one-half (1/2) of the
amount of the annual license fee. The Town Board shall not issue any such
license until the applicant shall produce a receipt of the Town Clerk showing
that the applicant has paid to the Town the license fee herein provided. The
term of licenses shall be for a period of one 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. Renewal applications shall be submitted to the Town
Board at least 30 days prior to expiration of the license. Renewals of licenses
shall be effective for the one-year term described above. Such license shall
not be transferable and shall not authorize the person to whom it is granted
to conduct a cabaret at any other location other than that specified therein.
The Town Board reserves the power unto itself to suspend or revoke any
license issued under the provisions of this chapter at any time where the
same was procured by fraud or false representation of fact; or for the failure
to comply with the provisions of this chapter or the laws and regulations
of the State of New York and the Town of North Salem by the person holding
such license or any of his servants, agents or employees if, in the judgment
of the Town Board, said violation adversely affects or tends to affect the
protection of the health, safety and welfare of the inhabitants of the Town
of North Salem; or the conviction of the person holding the license of any
crime or offense involving moral turpitude; or the conviction of the person
holding such license of any law or ordinance relating to the sale of intoxicating
liquor; or the conviction of any of his servants, agents or employees of any
crime or offense involving moral turpitude committed on the premises on which
his cabaret is conducted; or where disorderly, obscene or immoral conduct
is permitted on the licensed premises or is occasioned in the vicinity of
such premises as a result of its existence. At least three days before suspending
or revoking any license, the Town Board shall cause to be mailed to the holder
of the license, at the address at which his cabaret is being conducted, a
notice stating the time and place of a hearing concerning the suspension or
revocation, at which the licensee shall be entitled to be heard and introduce
the testimony of witnesses. The action of the Town Board relative to such
suspension or revocation shall be final, provided that whenever any person
to whom a license has been granted under the provisions of this chapter shall
be convicted of violating any of the provisions thereof, such conviction shall
be prima facie evidence of facts sufficient to warrant revocation of the license
held by such person. Upon the suspension or revocation of a license for premises
hereunder, it shall be unlawful to use or occupy any portion of said premises
as a cabaret.
No licensee or person owning, managing or operating or conducting a
cabaret shall allow or permit any person employed by him in the capacity of
an entertainer or servant or otherwise to approach or accost any guest to
dance with or have refreshments with such employee as aforesaid during the
hours of their employment, nor shall any person in the premises of a cabaret
approach any person who is an employee of the owner or manager or operator
in the capacity of an entertainer or servant or otherwise during the hours
of their employment for the purpose of inducing any such person so employed
to dance with or have refreshments with such guests.
It shall be unlawful for any cabaret to have, permit or maintain any
boxes or booths closed by any door, screen, curtain or other device. It shall
be unlawful for any cabaret to have, permit or maintain any box or booth with
an entrance thereto in any side other than the side which faces the center
of the main room.
It shall be unlawful for the licensee, owner, proprietor, manager or
person in charge of any cabaret to employ as an entertainer in such place
any person who is not at least 18 years of age.
It shall be unlawful for the licensee, owner, proprietor, manager or
person in charge of any cabaret to refuse admission to any peace officer or
building or fire inspector charged with the duty of enforcing this chapter.
Said officers shall have free access at all times to all cabarets.
It shall be unlawful for the licensee, owner, proprietor, manager, employee
or person in charge of any cabaret to admit or permit to be or remain in and
about the licensed premises any minor under the age of 18 years, any lewd
or dissolute person, any common prostitute, any drunken or boisterous person
or any person under the influence of intoxicating liquor.
It shall be unlawful for any minor under the age of 18 years, any lewd
or dissolute person, any common prostitute, any drunken or boisterous person
or any person under the influence of intoxicating liquor or any person whose
conduct while present in said place in any way tends to corrupt the public
morals to be or remain in or about any cabaret after being notified by the
management or a peace officer to leave the premises.
It shall be unlawful for any person to conduct himself in a boisterous
manner or to use any profane, obscene or indecent language in or about any
cabaret or the hallways or entrance thereof. It shall be unlawful for any
person while dancing in any cabaret to conduct himself in an obscene manner
as defined in the Penal Law of the State of New York. It shall be unlawful
for any person to bring into or have in his or her possession or partake of
any intoxicating liquors in any place designated in this chapter as a cabaret.
This shall not apply to intoxicating liquors lawfully sold in the cabaret
under the provisions of the Alcoholic Beverage Control Law.
It shall be unlawful for any person to make any misrepresentation or
false statement as to his own age, or that of any other person, for the purpose
of obtaining the admission to any cabaret of such person as to whose age such
statement is made.
A.
It shall be unlawful for the licensee, owner, proprietor,
manager or person in charge of any cabaret to permit on the premises any entertainment
amplified by a mechanical device of such an intensity, character and duration
as to disturb the peace, tranquility and good order of the people of the Town
of North Salem or which otherwise violates the Zoning Code and Noise Control
Statutes of the Town of North Salem.
B.
It shall be unlawful to operate a cabaret unless the
premises are soundproofed or provision is made so that no amplification or
excessive noise is audible beyond the property lines of the parcel upon which
the cabaret is situated.
A.
It shall be unlawful for the licensee, owner, proprietor,
manager or person in charge of any cabaret to permit any disorderly, noisy,
riotous or tumultuous conduct or loitering on the premises so licensed.
B.
It shall be unlawful for licensee, the owner, proprietor,
manager or person in charge of any cabaret to permit any entertainment or
exhibition of a lewd, suggestive, vulgar or immoral type or to use therein
any indecent or obscene language or to sing any song of any lewd or vulgar
character or to behave in any manner intending to corrupt the public morals.
Where any of the aforementioned activities are defined by the Penal Law of
the State of New York, such definition shall be controlling.
C.
It shall be unlawful for the licensee, owner, proprietor,
manager or person in charge of a cabaret to permit any noise, disturbance,
misconduct, disorder, act or activity in the licensed premises or in the area
in front of or adjacent to the licensed premises or in any parking lot provided
by the licensee for use by the licensee's patrons which, in the judgment
of the Town Board, adversely affects or tends to affect the protection, health,
welfare, safety or repose of the inhabitants of the Town of North Salem or
results in the licensed premises becoming a focal point for police attention
or is offensive to public decency.
No licensee shall suffer or permit any person to appear on licensed
premises in such manner or attire as to expose to view any portion of the
pubic area, anus, vulva or genitals, or any simulation thereof, nor suffer
or permit any female to appear on licensed premises in such manner or attire
as to expose to view any portion of the breast below the top of the areola,
or any simulation thereof.
Each license issued hereunder shall be kept posted at the main entrance
of every place licensed hereunder.
No cabaret shall be open except during hours as may be permitted by
the State Liquor Authority and/or a local board of such authority. If any
cabaret is found open between the prohibited hours, the person owning, managing,
operating or conducting the cabaret shall be held responsible for a violation
of the provisions of this chapter in relation to such closing.
Outside doors shall remain closed at any time during the hours of operation
except for the opening of such doors to permit the entrance or exiting of
employees or patrons or where the Police Department orders otherwise. All
entrances and exits shall remain unlocked while there are patrons in the premises,
and all such exits shall be clearly marked.
During the period that a cabaret is occupied by patrons, it shall be
illuminated by sufficient natural or artificial light to permit a person to
read in every portion thereof nine-point print of the kind generally used
in the average daily newspaper. No light on any part of the premises shall
be permitted to shine beyond the property line of the premises.
All parking for patrons or employees of any cabaret shall be on site
only and shall conform to the requirements of Article VIII of the Zoning Code
of the Town of North Salem. The licensee, owner, proprietor, manager or person
in charge of any cabaret shall be responsible for compliance with this section.
Failure to comply with this section shall constitute a violation of this chapter.
Before the issuance of a cabaret license, the Town Board of the Town
of North Salem shall determine, with the aid of the Building Inspector, the
maximum number of patrons permitted upon the licensed premises, as set forth
in the New York State Uniform Fire Prevention and Building Code at one time
in order to prevent overcrowding and the resultant hazards to health and safety.
Such maximum number so determined shall be stated on said license, and any
premises containing a greater number shall be in violation of this chapter.
Each cabaret licensed hereunder shall maintain adequate security during
hours of operation to ensure the public peace and order. The provisions of
this section shall require each cabaret to employ not fewer than one unarmed,
uniformed security guard registered in accordance with Article 7 of the General
Business Law per every 100 patrons or portion thereof. Security guards shall
be required to wear a uniform of distinctive or characteristic design which
shall consist of matching shirt, pants and hat bearing an insignia designating
their security status.
Before a patron is served, he is to be furnished with a clearly printed
menu itemizing the prices charged for food and drink. If there is an extra
charge or additional charge for a particular space or table, the patron must
be advised accordingly before being seated. If a licensee advertises his business
through any medium and reference is made in the advertisement to a price or
prices, to a charge or charges or to the absence of a certain charge or charges,
such advertisement must accurately and clearly indicate whether there are
any variations in the price or prices depending upon the time of day or evening
or any cover, placement, locations or minimum charge. If there is a time limit
on a table, reserved or otherwise, the patron or patrons must be notified
before being seated.
This chapter shall not apply in the following instances:
A.
This chapter shall not apply to any premises or establishment not regarded as a cabaret, as defined in § 60-2 herein, which may permit dancing on separate occasions in connection with any exclusively private wedding, birthday, society association, religious, charitable, eleemosynary or educational dinner, event or affair wherein the entertainment is provided and paid for by the patron.
B.
A cabaret subject to the provisions of this chapter is exempt from the age restriction contained in § 60-13 when hosting separate occasions wherein dancing is permitted in connection with any exclusively private wedding, birthday, social association, religious, charitable, eleemosynary or educational dinner, event or affair.
C.
A cabaret licensed under the provisions of this chapter may apply to the Town Board upon three weeks' prior written notice for an exemption from the age restriction contained in § 60-13 to permit a special occasion offered primarily for teenagers wherein dancing is permitted and no alcoholic beverages are permitted on the premises. A cabaret shall be required to make application to the Town Board for each such special occasion.
The licensee and all stockholders, officers, directors, agents, employees
and concessionaires shall at all times strictly and promptly conform to and
comply with all laws, provisions, rules, regulations and 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.
Any person committing an offense against any provision of Article I of this chapter shall be guilty of a violation punishable by a fine for a first violation not to exceed $350; for a second violation within five years, a minimum fine of $350 and a maximum fine of $700; and for a third or subsequent violation within five years, a minimum fine of $700 and a maximum fine of $1,000, or by imprisonment for a period not to exceed six months, or both. The continuation of an offense against the provisions of Article I of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
The Town Board hereby finds that certain business activities, by their
nature, have serious objectionable operation characteristics which can lead
to a significant impact on the surrounding community. The Town Board further
finds that the unrestrained proliferation of such businesses is inconsistent
with existing development and future plans for the Town of North Salem in
that they often result in influences on the community which increase the crime
rate and undermine the economic, moral and social welfare of the community.
The deleterious effects of these businesses change the economic, social and
moral character of the existing community and adversely affect existing businesses
and community and family life. As business activity drops off and the quality
of life deteriorates, merchants and families move away from the area, leaving
it in a vacant and depressed state. The purpose of this chapter is to prevent
the unrestricted proliferation of such businesses and to ensure that the effects
of such businesses will not adversely affect the health, safety and economic
well-being of the community by enacting criteria for the placement, construction
and/or permitting of adult entertainment uses in the Town.
As used in this chapter, the following terms shall have the meanings
indicated:
A person, establishment or business, whether retail or wholesale,
having as more than a minimal portion of its stock-in-trade recordings, books,
magazines, periodicals, films, videotapes/cassettes or other viewing materials
for sale or viewing on or off the premises which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual activities
or sexual anatomical areas. For purposes of this definition, "minimal portion"
means 10% of gross sales or receipts for any calendar year.
A public or private establishment which presents topless dancers,
bottomless dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments, and which establishment is customarily open
to the public generally but excludes any minor by reason of age.
A motel which is open to the public generally but excludes minors
by reason of age or which makes available to its patrons in their rooms films,
slide shows or videotapes which, if presented in a public movie theater, would
be open to the public generally but would exclude any minor by reason of age.
An enclosed or unenclosed building, structure or portion thereof
used for presenting materials distinguished or characterized by primary emphasis
on matter depicting, describing or relating to sexual activities or sexual
anatomical areas for observation by patrons.
Any activity covered by the definitions of "adult bookstore," "adult
motion-picture theater," "adult entertainment cabaret," "adult motel" and
"massage establishment."
Any person, firm, association, partnership, corporation or other
entity for profit.
A method of treating the external parts of the human body by rubbing,
stroking, kneading, tapping or vibrating with the hand or any instrument.
Any establishment having a fixed place of business where massages
are administered. This definition shall not be construed to include a hospital,
nursing home, medical clinic or the office of any health care practitioner
duly licensed by the State of New York, nor barbershops or beauty salons in
which massages are administered only to the scalp, the face, the neck or the
shoulder. This definition shall not include a volunteer fire department, a
volunteer rescue squad or a nonprofit organization operating a community center,
swimming pool, tennis court or other educational, cultural, recreational or
athletic facilities and facilities for the welfare of the residents of the
area.
Any individual who administers a massage to another individual at
a massage establishment. This definition shall not include any health care
practitioner duly licensed by the State of New York.
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
Any act of masturbation, fellatio, sadomasochism, sexual intercourse
or physical contact with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person is female, breast.
No business or person shall construct, establish or be issued a certificate
of occupancy for any adult entertainment use within the Town of North Salem
unless they have applied for and obtained a permit from the Town Board. To
receive such a permit, the applicant must satisfy the following criteria:
A.
No more than one of the adult entertainment uses as defined
above shall be located on any lot.
B.
No adult entertainment use shall be established or permitted
in any building of which any part is used for residential purposes.
C.
No residential use shall be established in a building
of which any part is used as an adult entertainment use.
D.
No adult entertainment use shall be established closer
than 500 feet from any lot line of any other adult entertainment use.
E.
No adult entertainment use shall be established closer
than 500 feet from the lot line of any residential district, which shall include
any zoning district that permits residential use.
F.
No adult entertainment use shall be established closer
than 500 feet from the lot line of any church, community center, funeral home,
school, day-care center, hospital, alcoholism center or drug treatment center,
counseling or psychiatric treatment facility or public park.
G.
The applicant must meet all other regulations of the
Town of North Salem, including but not limited to district lot and bulk regulations,
parking regulations and signage requirements.
Any business or person currently operating an adult entertainment use within the Town of North Salem that fails to conform to the requirements of § 60-32 of this chapter shall cease such use in accordance with the following amortization schedule:
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Amount of Capital Investment as of the Effective Date of This
Chapter
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Date Before Which Use Shall Terminate
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$0 to $25,000
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December 31, 1994
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$25,001 to $50,000
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December 31, 1995
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$50,001 to $75,000
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December 31, 1996
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$75,001 to $100,000
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December 31, 1997
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$100,001 or more
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December 31, 1998
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Any person committing an offense against any provision of Article II of this chapter shall be guilty of a violation punishable by a fine for a first violation not to exceed $350; for a second violation within five years, a minimum fine of $350 and a maximum fine of $700; and for a third or subsequent violation within five years, a minimum fine of $700 and a maximum fine of $1,000, or by imprisonment for a period not to exceed six months, or both. The continuation of an offense against the provisions of Article II of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
If any section of this chapter or part thereof shall be held to be unconstitutional
or invalid by any court of competent jurisdiction, the remaining provisions
of this chapter shall not be affected thereby but shall remain in full force
and effect.
This local law shall be effective immediately upon filing with the Secretary
of State.
