[HISTORY: Adopted by the Board of Trustees of the Village of Menands 9-24-1930.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A place, park, grounds, course, premises or enclosure upon which
is played, engaged, conducted, maintained and/or operated the game of golf,
in any form, including what is commonly known or described as a miniature
golf course, driving golf course, Tom Thumb golf course and/or kindred varieties
or forms of playing such game, and, for the privilege of playing or engaging
in the same and/or for the use of such course and/or paraphernalia used to
play or engage in same, an admission fee or price is charged.
A.Â
The business of conducting a golf course, as herein defined,
shall not be established, maintained and/or conducted within the boundaries
of the Village of Menands, New York, without first having procured from the
Mayor a license for that purpose.
B.Â
Every person, before establishing, maintaining or conducting
any golf course business, as herein defined, shall, before being so licensed,
pay to the Village of Menands the sum of $50 for each year or fraction thereof
for each such course, place, park, grounds or enclosure.
C.Â
All such licenses shall expire on the first day of February
next following their issue.
It shall be unlawful to keep open to the public or to conduct such golf
course business, as herein defined, on any day between the hours of 12:00
midnight and 7:00 a.m. (coincident with the time standard adopted by or under
which the Village is operating).
A license granted hereunder shall not be construed as a permission to
the holder thereof to conduct or maintain a nuisance upon or in the vicinity
of the premises or golf course for which said license is granted and the Mayor
or Board of Trustees shall have the right to revoke the license of any person
for acts constituting or tending to constitute a public nuisance, after giving
a reasonable opportunity to such license to be heard in connection therewith.
It shall be unlawful for any person owning, conducting or in charge
of any such golf course business, as defined in this chapter, to harbor or
permit intoxicated persons upon the premises or to allow or permit any disorderly
or unlawful conduct on or in the licensed premises or to permit noises of
any kind on or in the vicinity thereof tending to a breach of the peace or
tending to annoy the inhabitants of said Village or to cause or permit interference
with traffic on the public highways adjacent to any such licensed premises.
It shall be the duty of every licensee at all times to keep the premises
where such golf course business is conducted clean and in a sanitary condition.
The Mayor, Board of Trustees and the Police Department of the Village
are hereby authorized and empowered, from time to time, to inspect and examine
the premises where such golf course business is conducted, for the purpose
of determining whether such business is being conducted by the licensee or
by any other person in a lawful, quiet and orderly manner. Such inspection
shall be made when the premises are open to the public for business.
The Mayor or Board of Trustees may revoke such license by giving three
days' notice, in writing, whenever it shall appear to its satisfaction
from the recommendations of the police or otherwise that such licensee has
violated any of the provisions of this chapter or any other ordinance or rule
of the Village of Menands or of the laws of the State of New York; provided,
however, that no such license shall be revoked or suspended until after the
license shall have an opportunity to be heard and to make his defense against
any such complaint. Notice of such hearing shall be served, either by delivering
a copy personally to the licensee or by leaving a copy with some person of
suitable age and discretion at the place of business of the licensee and actually
or apparently in charge thereof or, if no such person may be found at the
place of business of the licensee, by posting such notice in a conspicuous
place on the premises and mailing a copy of the notice to the licensee at
his place of business as set forth in his or its or their application for
a license.
The Mayor, Board of Trustees and members of the police force and all
other officers who are charged with the enforcement of this chapter and other
ordinances of the Village and of the laws of the state shall at all times
when such premises shall be open to the public for business have access to
said premises.
Upon the revocation of any license, the unearned portion of the license
fee shall be returned to the licensee. When a license has been revoked, no
other license shall be issued to the same licensee within one year.
Any person, society, club, firm, partnership, corporation or association
of persons who himself or itself or by his or its Clerk, agent or employee
shall conduct said golf course business, as herein defined, without the license
required by this chapter or shall violate any of the provisions of this chapter
or who, after having had his, its or their license suspended or revoked, shall
continue to operate such golf course business shall, upon conviction thereof,
be subject to a fine or penalty of not more than $100, and each day on which
such violation continues shall constitute a separate offense. In addition
thereto, said violation shall constitute disorderly conduct, and the person
violating the same shall be a disorderly person.
This chapter is adopted for the purpose of preserving and caring for
the safety, health, comfort and general welfare of the inhabitants of the
Village.
