Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 10-7-1974 by L.L. No. 2-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 86.
Exhibitions and shows — See Ch. 154.
Peace and good order — See Ch. 244.
This entire chapter shall be deemed an exercise of the police power of the State of New York and of the Village of Elmsford for the protection of the economic and social welfare, the preservation of peace and good order and of the public health of the Village of Elmsford, New York, pursuant to Article 4 of the Village Law of the State of New York.
The word "person," wherever used in this chapter, shall be held and construed to mean and include natural persons of either sex, firms, copartnerships and corporations, whether acting by themselves or by servant, agent or employee. The singular number shall include the plural and the masculine pronoun shall include the feminine.
As used in this chapter, the following terms shall have the meanings indicated:
DANCING AND DINING ESTABLISHMENT
A cabaret, place of public resort, accommodation, assemblage, entertainment or amusement, where refreshments of any kind are served for gain or profit and where dancing and entertainment are given or permitted in connection therewith and where music is provided for dancing, whether such music be provided by orchestra, radio or phonograph, or where such music is furnished by any other musical instrument.
No person shall conduct, manage or operate a dancing and dining establishment unless such person shall have a valid and subsisting license to do so, obtained in the manner herein provided.
A. 
Any person desiring to procure a dancing and dining establishment license shall make application therefor to the Board of Trustees of the Village of Elmsford, upon a form to be furnished by said Board, which shall be substantially as follows:
Board of Trustees, Village of Elmsford.
Application No. . . . . . . . . . . . . . . . . . . . . . .
Application for dancing and dining establishment license.
1.
Name and address of applicant . . . . . . . . . . . . .
2.
State whether individual, partnership or corporation .
3.
If partnership, state the names of all persons having an interest in the business . . . . . . . . . . . . . . . . . . .
4.
If corporation, state the names of its officers . . . .
5.
If individual or partnership, state whether all persons sharing in the profits of the business are citizens of the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
State names of such persons who are not citizens of United States . . . . . . . . . . . . . . . . . . . . . . . . . .
7.
If a corporation, give the names of each stockholder, together with the number of shares of capital stock held by each
8.
If a corporation, state whether all stockholders are citizens of the United States . . . . . . . . . . . . . . . . .
9.
Give the names of any stockholders who are not such citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10.
How long has the applicant, or if a corporation, its officers, resided in the Village of Elmsford . . . . . . . . . .
11.
Proposed location of dancing and dining establishment .
12.
Nature of entertainment or exhibition to be produced .
13.
Has the applicant or anyone owning an interest in the proposed dancing and dining establishment been convicted, within one year preceding the date of this application, of violating any ordinance or law relative to the sale of intoxicating liquor . .
14.
Have any of said persons ever been convicted of violating any ordinance or law relating to public morality or decency . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.
Do the premises upon which the dining and dancing establishment is to be conducted comply with the requirements of the Building Code and those relating to health and sanitation . .
16.
Do said premises comply with the requirements of the local law of the Village of Elmsford relating to and regulating dancing and dining establishments, providing for the licensing thereof, regulating the conduct of persons therein, defining offenses and providing penalties therefor . . . . . . . . . . .
Dated . . . . . . ., 19 . . . .
State of New York County of Westchester, SS:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,
being duly sworn, deposes and says: I am the above-named applicant and make this affidavit for the purpose of obtaining from the Village of Elmsford a license to operate a dancing and dining establishment as provided in a local law relating to and regulating dancing and dining establishments, 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.
. . . . . . . . . . . . . . . . . . . .
Sworn to before me this . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . ., 19 . . . . . .
Notary Public, Westchester County.
B. 
Said application shall be signed and duly verified by the applicant before an officer authorized to administer oaths. No such application shall be granted to conduct such dancing and dining establishment on premises which do not conform to the requirements of this chapter, all laws and regulations of the State of New York and all ordinances and regulations of the Village of Elmsford.
The Board of Trustees, upon presentation of such application and before acting upon the same, shall refer such application to the Chief of Police, Building Inspector and the Chief of the Fire Department for 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 Board of Trustees in determining whether or not such application should be granted. The Chief of Police, Building Inspector and the Chief of the Fire Department shall, within one week after any application has been referred to them, furnish a written report to the Board of Trustees, containing the result of their investigation.
[Amended 6-6-1983 by L.L. No. 1-1983; 5-1-2000]
The license fee per annum for a dancing and dining establishment shall be, and the same hereby is fixed at, the sum of $150 per year or any part thereof. All such licenses shall expire on December 31 next following issue. Such license shall not be transferable and shall not authorize the person to whom it is granted to conduct a dancing and dining establishment at any location other than that specified herein.
The Board of Trustees reserves unto itself the power to 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 violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents or employees, or the conviction of the person holding such license of any crime or offense involving the moral character of such person, or the conviction of any of his servants, agents or employees of any crime or offense involving moral character, committed on the premises on which such dancing and dining establishment is conducted. At least three days before revoking any license, the Board of Trustees shall cause to be made to the holder of the license, at the address at which his dancing and dining establishment is being conducted, a notice stating the time and place of a hearing concerning the revocation, at which the licensee shall be entitled to be heard and introduce testimony of witnesses. The action of the Board of Trustees relative to such revocation shall be final; provided, however, that whenever any person to whom a license has been granted under the provisions of this chapter shall be convicted of a violation of 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.
No person owning, managing, operating or conducting such dancing and dining establishment 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 during the hours of his employment, nor shall any person on the premises of such establishment approach any person who is an employee of the owner, manager or operator, during the hours of his employment, for the purpose of inducing such employee to dance with or have refreshments with such guest.
It shall be unlawful for any dining and dancing establishment to have or permit or maintain any boxes or booths closed by any door, screen, curtain or other devices. It shall also be unlawful for any dining and dancing establishment 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 in such place any person who is not at least 21 years of age and of good moral character.
It shall be unlawful for any owner, proprietor, manager or person in charge of any licensed place under the provisions of this chapter to refuse admission to any peace officer of the Village of Elmsford, Town of Greenburgh, State of New York, or any officer of the United States government. Such officer shall have free access at all times to any place licensed under the provisions of this chapter.
It shall be unlawful for the owner, proprietor, manager or person in charge of any place licensed under the provisions of this chapter, or any employee of said place, to harbor, admit, receive or permit to be or remain in and about any such place any minor under the age of 18 years, any lewd or desolate person, any common prostitute, any drunken or boisterous person or any person under the influence of intoxicating liquor or any person whose conduct tends to corrupt public morals.
It shall be unlawful for any minor under the age of 18 years, any lewd or desolate 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 place licensed under the provisions of this chapter after being notified by the management or a peace officer to leave the place or premises.
It shall be unlawful for any person to conduct himself in a boisterous manner, to use any profane, obscene or indecent language in or about any place licensed under the provisions of this chapter, or the hallways or entrances thereof.
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 as to his own age or that of any other person for the purpose of obtaining admission to any such dancing and dining establishment.
After sunset, every place licensed under the provisions of this chapter shall be lighted or illuminated by either gas or electricity or other means, provided that the intensity of such illumination shall be at no time less than three footcandles, at a place three feet above the floor at all parts of said place, and it shall be unlawful for the owner, proprietor, manager or person in charge of such place to admit any patron thereto after sunset unless said place is illuminated as provided herein. Such lighting or illumination shall be maintained thereafter through the entire time during which such dining and dancing establishment shall be open or entertaining patrons until such dancing and dining establishments shall be cleared and closed.
It shall be unlawful to give, or permit the giving of, in any dancing and dining establishment an 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 tending to corrupt public morals or to permit any performance wherein a female exhibits herself or any portion of her body in the nude.
The hours of closing shall be the hours permitted by the local Board of the County of Westchester pursuant to § 43 of the Alcoholic Beverage Control Law.[1]
[1]
Editor's Note: Former § 43 of the Alcoholic Beverage Control Law was repealed by the Laws of 1995, Chapter 83, § 151, effective 6-20-1995.
No provision of this chapter shall be construed as to be contradictory of or at variance with any of the provisions of the Alcoholic Beverage Control Law or the rules of the State Liquor Authority.
A. 
No licensed premises shall be maintained in such a manner as to constitute a nuisance and no licensed premises shall be operated in such a manner as to create excessive noise so as to disturb or annoy the residents of the neighborhood.
B. 
It shall be presumptive evidence of conduct constituting a nuisance to commit any of the acts referenced in § 228-3B, C and D of this Code.
[Amended 6-7-2004 by L.L. No. 4-2004]
C. 
Definition of "excessive noise." Noise shall be considered excessive if the sound-pressure level from the cabaret exceeds 55 decibels as measured in the A, B, or C scale of a General Radio Company Type 1565-A, level meter or American Standard Association approved equal when this meter is located at a point not nearer than the property lines nor nearer than 15 feet of the building. A decibel is the standard of sound-pressure-level measurement[1].
[1]
Editor's Note: Former Subsection C, which enumerated loud, disturbing and unnecessary noises, was repealed 6-7-2004 by L.L. No. 4-2004. Said local law also redesignated former Subsection D as Subsection C. For current provisions on noise, see Ch. 228, Noise.
[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006]
The violation of any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine not to exceed $500 for each offense, by imprisonment for each offense for a period not exceeding six months, or both such fine and imprisonment.