[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.]
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:
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:
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Board of Trustees, Village of Elmsford.
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Application No. . . . . . . . . . . . . . . . . . . . . . .
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Application for dancing and dining establishment license.
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1.
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Name and address of applicant . . . . . . . . . . . . .
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2.
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State whether individual, partnership or corporation .
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3.
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If partnership, state the names of all persons having an interest in
the business . . . . . . . . . . . . . . . . . . .
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4.
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If corporation, state the names of its officers . . . .
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5.
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If individual or partnership, state whether all persons sharing in the
profits of the business are citizens of the United States . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
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6.
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State names of such persons who are not citizens of United States .
. . . . . . . . . . . . . . . . . . . . . . . . .
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7.
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If a corporation, give the names of each stockholder, together with
the number of shares of capital stock held by each
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8.
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If a corporation, state whether all stockholders are citizens of the
United States . . . . . . . . . . . . . . . . .
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9.
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Give the names of any stockholders who are not such citizens . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
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10.
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How long has the applicant, or if a corporation, its officers, resided
in the Village of Elmsford . . . . . . . . . .
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11.
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Proposed location of dancing and dining establishment .
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12.
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Nature of entertainment or exhibition to be produced .
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13.
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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 . .
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14.
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Have any of said persons ever been convicted of violating any ordinance
or law relating to public morality or decency . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
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15.
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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 . .
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16.
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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 . . . . . . . . . . .
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Dated . . . . . . ., 19 . . . .
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State of New York County of Westchester, SS:
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,
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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 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.
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. . . . . . . . . . . . . . . . . . . .
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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 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]
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.
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].
[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.
