[HISTORY: Adopted by the Town Board of the
Town of Ossining 7-13-1976 by L.L. No. 2-1976. Amendments noted where
applicable.
This entire chapter shall be deemed an exercise
of the police power of the State of New York and of the Town of Ossining
for the protection of the economic and social welfare, health, peace
and morals of the people of the Town of Ossining, and all its provisions
shall be liberally construed for the accomplishment of that purpose.
As used in this chapter, the following terms
shall have the meanings indicated:
Any place of public resort, accommodation, assemblage or
amusement operated for gain or profit where food or alcoholic beverages
are served and live music, live entertainment or live performances
of any kind are given or conducted or any place of public resort,
accommodation, assemblage or amusement operated for gain or profit
where food or alcoholic beverages are served and mechanically reproduced
music is provided for dancing and dancing is permitted.
[Amended 9-28-1982 by L.L. No. 2-1982]
A cabaret, as defined in this section, which provides and
serves food and beverages for consumption on the premises to persons
attending a social or business function or event, which event is sponsored
and paid for by a particular person or group and where live or mechanically
reproduced music may be provided for listening or for dancing.
[Added 1-25-2005 by L.L. No. 1-2005]
Includes natural persons of either sex, firms, copartnerships
and corporations, whether acting by themselves or by servant, agent
or employee. The singular shall include the plural, and the masculine
pronoun shall include the feminine.
A cabaret, as defined in this section, where food and beverages
are sold and served for consumption on the premises and where live
or mechanically reproduced music may be provided for listening but
not for dancing.
[Added 1-25-2005 by L.L. No. 1-2005]
[Amended 9-28-1982 by L.L. No. 2-1982]
No person shall conduct, manage or operate a
cabaret unless such person shall have a valid and subsisting license
to do so, obtained in the manner prescribed herein.
[Amended 9-28-1982 by L.L. No. 2-1982]
Any person desiring to procure a cabaret license
shall make application therefor to the Town Board of the Town of Ossining
(hereinafter referred to as the "Town Board") on a form to be obtained
from the office of the Town Clerk and shall furnish such other information
which the Town Board may from time to time request.
[Amended 9-13-1978 by L.L. No. 4-1978; 9-28-1982 by L.L. No.
2-1982]
A.
The Town Board, upon presentation of such application
and before acting upon the same, shall refer such application to the
Chief of Police, Town Building Inspector and Fire Chiefs for a full
investigation and report as to the truth of the statements contained
therein and as to any and all other matters which might tend to aid
the Town Board in determining whether or not such application should
be granted.
B.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any establishment which is the subject of an
application hereunder, or for his servant, agent or employee, to interfere
in any manner or to hinder or impede the performance of his duty by
any inspector or any employee or representative of any governmental
agency conducting an investigation as to the truth of statements contained
in such application or as to the adequacy of facilities and the compliance
of the applicant with the requirements of this chapter.
C.
The Chief of Police, Building Inspector and Fire Chiefs
shall, within 30 days after any application has been referred to them,
furnish a written report to the Town Board containing the results
of their investigations with their recommendations as to whether or
not the application should be granted. The report of the Chief of
Police shall also include, in addition to any other matters, an examination
into the present and projected traffic and public safety impacts of
the proposed cabaret. The report of the Building Inspector shall also
include, in addition to any other matters, an examination into whether
the parking is adequate for the proposed cabaret and whether the premises
where the proposed cabaret is to be located is adequately sound-insulated
to prevent any sounds or noise which may be produced inside the proposed
cabaret from creating any annoyance or disturbance to the occupants
of any residential, business or commercial property in the area.
[Amended 9-13-1978 by L.L. No. 4-1978; 9-28-1982 by L.L. No.
2-1982; 11-25-2003 by L.L. No. 6-2003]
A.
The Town Board shall thereafter hold a public hearing on the application on at least 10 days' notice. Such public hearing shall be held within 45 days from the date of receipt by the Town Board of the reports required by § 68-5B.
B.
If the Town Board is satisfied that the statements contained in the application are true, that the premises described in the application comply with the requirements of this chapter and the laws, rules and regulations of the State of New York, County of Westchester and Town of Ossining and is otherwise suitable as to its construction and location for a cabaret and that the granting of such application is consistent with the public safety and welfare, the Town Board shall direct the Town Clerk to issue the license applied for; provided, however, that no license shall be granted unless the premises where the proposed cabaret is to be located are soundproofed or provision is made so as to prevent any sounds or noise which may be produced in or from the premises from exceeding the sound levels at the adjoining property established by Chapter 130, Noise, of this Code; that no license shall be granted if the applicant (if a corporation, the holders of a majority of its capital stock) or any person having a direct or indirect interest in the ownership of the proposed cabaret or in the operation or management thereof within the past five years has been convicted of a misdemeanor or felony relating to public morality or decency or to the sale of intoxicating liquor or of any misdemeanor, felony or violation relating to the operation of a cabaret which in the judgment of the Town Board renders such person unfit, undesirable or incapable of properly operating or managing a cabaret and provided further that 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 hearing the applicant shall be given the opportunity to prove by competent evidence that the statements contained in the application are true; that the premises described in the application complies with the requirements of this chapter and the laws, rules and regulations of the State of New York, County of Westchester and Town of Ossining and is otherwise suitable as to its construction and location for a cabaret; and that the application is consistent with the public safety and welfare. If after such hearing the Town Board shall find from a preponderance of the evidence that the foregoing facts have been established, it shall direct the Town Clerk to issue the license applied for. If after the hearing the Town Board shall find that the foregoing facts have not been established by the evidence, the application shall be denied. The decision of the Town Board shall be rendered within 60 days from the date of closing of such hearing.
[Amended 1-25-2005 by L.L. No. 1-2005]
[Amended 11-25-2003 by L.L. No. 6-2003; 1-25-2005 by L.L. No. 1-2005]
A.
The Town Board may, for good cause shown, impose additional
terms and conditions where necessary to protect the health, safety
and welfare of the residents of the Town of Ossining or the persons
attending the premises, such conditions not to be inconsistent with
the express provisions set forth elsewhere in this chapter or in the
Code of the Town of Ossining.
B.
Restaurants and catering facilities, as defined herein, shall' be exempt from the requirements of §§ 68-11, 68-12, 68-13, 68-14, 68-15, 68-17, 68-18, 68-19 and 68-20A of this chapter, unless the Town Board, after a public hearing on notice to the licensee, concludes upon a preponderance of the evidence presented at such hearing that any or all of said provisions are necessary and appropriate in the public interest for the premises involved.
C.
The Building Inspector shall establish the maximum
number of patrons to be permitted on the premises in accordance with
the appropriate criteria set forth in the New York State Fire Prevention
and Building Code, such maximum number to be stated on the license,
and it shall be unlawful for the owner, proprietor, manager or person
in charge of the premises to allow or permit more persons on the premises
than the number stated on the license.[1]
A.
The license fee per annum for a cabaret license shall
be as set forth in the Schedule of Town of Ossining Fees promulgated
by the Town Board,[1] provided that, in the event a license is granted after
the first of July of any year, the license fee shall be 1/2 of the
amount of the annual license fee. The Town Clerk shall not issue any
such license until the applicant has paid to the Town of Ossining
the license fee herein provided.
[Amended 11-25-2003 by L.L. No. 6-2003]
B.
All such licenses shall expire on December 31 next
following their issue. Such license shall not be transferable and
shall not authorize the person to whom it is granted to conduct a
cabaret at any location other than that specified therein.
[Added 9-13-1978 by L.L. No. 4-1978;
amended 9-28-1982 by L.L. No. 2-1982]
A.
Any person desiring to procure a renewal of a cabaret
license shall make application therefor to the Town Board on or before
September 30 of the year of expiration of the current license on a
form to be obtained from the office of the Town Clerk.
C.
If the Town Board shall be unable to make a determination
as to the approval or disapproval of the renewal application by December
31 of that year, then the Town Board may grant a temporary thirty-day
extension license while it considers the merits of the renewal application.
The fee for each such thirty-day extension license shall be as set
by resolution of the Town Board in the Fee Schedule.[1]
[Amended 9-11-2007 by L.L. No. 8-2007]
A.
The Town Board may revoke a license issued under this
chapter under the following circumstances:
(1)
The license was procured by fraud or false representations
of fact;
(2)
The person holding such license or any employee or agent has been convicted of at least two violations of state or Town laws involving the sale of alcohol, overcapacity of the premises, noise (Chapter 130 of the Code of the Town of Ossining), or improperly blocked or locked exit doors occurring within a six-month period;
(3)
The person holding such license has permitted criminal
behavior to occur on the premises on at least two occasions during
a six-month period; or
(4)
The person holding such license has been convicted
of at least two violations of the terms and conditions of the license
within a six-month period.
[Amended 9-28-1982 by L.L. No. 2-1982; 1-25-2005 by L.L. No.
1-2005]
B.
At least three days before any hearing with respect
to the revocation of any license, the Town Clerk shall be instructed
by the Town Board to mail to the holder of the license at the address
at which his cabaret is being conducted a notice, by certified mail,
stating the time and place of a hearing concerning the revocation,
at which time and place the licensee shall be entitled to be heard
and to introduce the testimony of witnesses.
C.
Where any person to whom a license has been granted
under the provisions of this chapter or his servant, agent or employee
has been found guilty and convicted by a court of competent jurisdiction
of a criminal offense such as to warrant revocation hereunder, such
conviction shall be prima facie evidence of facts sufficient to form
the basis for revocation of the license held by such person. The action
of the Town Board relative to such revocation shall be final.
No person owning, managing or operating or conducting
a cabaret shall allow or permit any person employed by him in any
capacity to approach or accost any guest to dance with or have refreshments
with such employee as aforesaid during the hours of his 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 any capacity
during the hours of his 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 owner, proprietor,
manager or person in charge of any place licensed under the provisions
of this chapter to employ as an entertainer in such place any person
who is not at least 21 years of age and of good moral character.
It shall be unlawful for the owner, proprietor,
manager or person in charge of any place licensed under the provisions
of this chapter to refuse admission to any peace officer of the Town
of Ossining or the County of Westchester or of the State of New York
or any officer of the United States Government charged with the duty
of enforcing the penal laws of the United States. Said officers shall
have free access at all times to any cabarets licensed under the provisions
of this chapter.
A.
It shall be unlawful for the owner, proprietor, manager
or person in charge of any place licensed under the provisions of
this chapter or for any employee of said place to harbor, admit, receive
or permit to be or remain in and about any such place:
(1)
Any minor under the age of 18 years.
(2)
Any lewd or dissolute person.
(3)
Any common prostitute.
(4)
Any drunken, disorderly or boisterous person.
(5)
Any person under the influence of intoxicating liquor,
hallucinogenics or drugs.
(6)
Any person whose conduct constitutes loitering under
the provisions of § 240.35 of the Penal Law.
(7)
Any person whose conduct tends in any way to corrupt
the public morals.
B.
It shall be unlawful for any minor under the age of 18 years to whom an exemption has not been granted pursuant to § 68-7A, any lewd or dissolute person, any person under the influence of intoxicating liquor, hallucinogenics or drugs, or any person whose conduct while present in any way tends to corrupt the public morals to be or remain in or about any cabaret licensed under the provisions of this chapter, after being notified by the management or a peace officer to leave the premises.
[Amended 11-25-2003 by L.L. No. 6-2003]
[Amended 9-28-1982 by L.L. No. 2-1982; 1-25-2005 by L.L. No.
1-2005]
The owner, proprietor, manager and person in
charge of the premises shall use due care and diligence to ensure
that persons entering or leaving the premises do not cause disturbances
and vehicles arriving or departing the premises do not make excessive
or unnecessary noise. In the event that the police intervene to prevent
disturbance or to maintain order and prevent unnecessary noise, the
owner, proprietor, manager and person in charge of the premises shall
comply with police instructions and directions.[1]
It shall be unlawful for any person while dancing
in any place licensed under the provisions of this chapter to assume
or maintain any immodest, lewd or suggestive posture or position which
in any way tends to corrupt the public morals.
It shall be unlawful for any person to make
any misrepresentation or false statement or to produce any false document
as to his own age or identity or that of any other person, for the
purpose of obtaining admission to any cabaret of such person as to
whose age such statement is made.
It shall be unlawful to give or permit the giving
of, in any cabaret, any entertainment or exhibition of a lewd, suggestive,
vulgar or immoral type or to use therein any indecent obscene language
or gestures or to sing any song of any lewd or vulgar character or
to behave in any manner tending to corrupt the public morals.
[Amended 1-22-1980 by L.L. No. 1-1980; 1-25-2005 by L.L. No.
1-2005; 10-3-2017 by L.L. No. 6-2017]
A.
No cabaret shall be open any day between the hours of 3:00 a.m. and 11:59 a.m., except where the cabaret is permitted by state law to be open during those hours, in which case the cabaret may be open only during those hours permitted by the state. In addition, the Town Board, in accordance with § 68-7 hereof, may further limit the hours of operation of such cabaret, so long as said limitations are not inconsistent with the hours the cabaret is permitted to be open under state law, if applicable. 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.
B.
No cabaret shall have amplified music outdoors at any time, nor shall
such music be played indoors after 11:00 p.m. Sunday through Thursday
nights, nor after 12:00 midnight on weekends. The Town Board may,
in its sole discretion, extend or limit the hours a cabaret may play
music beyond what is permitted herein, where it deems it appropriate
and consistent with the public safety and welfare.
C.
As per § 130-5A of Chapter 130, Noise, of this Code, no person shall operate or use or cause to be operated loudspeakers, musical instruments or other sound-production devices so as to produce sounds which are plainly audible inside a residence between the hours of 10:00 p.m. and 7:00 a.m. At no time shall sound from these sources exceed the limitations set forth in Table 1 in § 130-4C(1), which shall be reduced by five dBA for sound from sound-production devices. Sound-level measurements for compliance determination shall be conducted at or within the property line of an affected person. In addition, loudspeakers and other sound equipment must face into the geometric center of the property on which they are located.
D.
All exterior lighting in connection with the cabaret shall be directed
away from adjoining streets and properties and shall not cause any
objectionable glare observable from such streets or properties. Hours
of lighting may be limited by the Town Board in acting on any cabaret
license. No exterior lighting shall produce illumination beyond the
property on which it is located in excess of 0.5 footcandle.
The cabaret license issued hereunder shall be
securely posted in a conspicuous place at the main entrance to such
cabaret.
[Amended 9-28-1982 by L.L. No. 2-1982; 1-25-2005 by L.L. No.
1-2005]
A.
A violation of any of the provisions of this chapter
applicable to a cabaret other than a restaurant or a catering establishment
shall, upon conviction thereof, be punishable by a fine not to exceed
$250 or by imprisonment for a term not to exceed 15 days, or both.
In the event a violation is for conducting, managing or operating
a cabaret without a license, each day such person shall conduct, manage
or operate a cabaret without a valid and subsisting license shall
constitute a separate offense.
B.
A violation of any of the provisions of this chapter
applicable to a restaurant or catering establishment shall, upon conviction
thereof, be punishable by a fine not to exceed $250 for a first offense,
a fine not to exceed $500 for a second offense, and a fine not to
exceed $1,000 for a third or any further offense.
[Added 9-13-1978 by L.L. No. 4-1978]
If the person, as defined in § 68-2 of this chapter, to whom such cabaret license or renewal license is granted shall convey 51% of his interest in the ownership of the cabaret, as defined in § 68-2 of this chapter, to another person, then such cabaret license or renewal license shall cease and be void and of no further force and effect. The new person controlling a fifty-one-percent interest in the cabaret shall then be required to make an application for a new, original cabaret license for the particular cabaret in question. It is the intention of this section to require a new application for a new cabaret license at any time that a majority, proprietary interest in the cabaret is transferred from the person holding a cabaret license or renewal license to another person.
[Amended 9-28-1982 by L.L. No. 2-1982]
All licenses issued prior to the adoption of
Local Law No. 2-1982 for the calendar year 1982 shall remain in full
force and effect until December 31, 1982.
