For the purpose of this chapter, the following
terms shall have the meanings indicated:
PUBLIC AMUSEMENT ESTABLISHMENT
One that offers to the public entertainment or a means of
entertainment, whether or not a fee is charged. Entertainment includes
dancing, electronic and table games, motion pictures, theatrical and
any other performance or exhibition designed to entertain the public,
but does not include incidental entertainment in the form of recorded
music, television reception or electronic, table or wall games offered
by a New York State liquor-licensed establishment primarily engaged
in providing food or drink to the public for on-premises consumption,
or in the case of any other business or commercial enterprise, incidental
entertainment consisting of recorded music and/or television reception
or up to but not more than three electronic, table or wall games provided
for entertainment to business patrons.
[Amended 9-13-2004 by Ord. No. 2004-7]
[Amended 7-14-1986 by Ord. No. 86-47; 11-30-1987 by Ord. No. 87-75; 3-18-1991 by Ord. No. 91-11; 4-12-1999 by Ord. No. 99-05; 1-13-2003 by Ord. No.
1003-1; 4-11-2011 by Ord. No. 2011-09]
A license for operating a public amusement will
be granted by the office of the Building Inspector upon compliance
with the requirements of this chapter and payment of the appropriate
license fee as set forth below. All licenses shall expire on the 31st
day of December of each year, except as otherwise provided herein.
A. Places of regular entertainment.
(1) For each place of regular entertainment, i.e., band,
singer, dancing, etc.: $150 per annum or any part of a year.
(2) For each theater or each projector of film entertainment:
$200 per annum or any part of a year, plus $25 for each 50 seats or
a fraction thereof exceeding 100 seats.
(3) For each commercial amusement location that offers
the public entertainment that includes electronic and table games,
wall games, etc.: $200 per annum or any part of a year, plus $10 per
annum for each such game exceeding two.
B. Transient performances. For stage performances not
given in a regularly licensed theater or auditorium, except where
given for a religious or charitable purpose: $75 for a day, $150 for
a week or $250 for a month.
C. Circus, caravan or menagerie. For each circus, caravan,
carnival, menagerie or outdoor show or exhibition: $150 for each day
the show is open to the public, except where given for a religious
or charitable purpose.
D. Waiver of fee. A not-for-profit corporation or organization
owning or operating a theater, auditorium or other place of regular
entertainment may request and will receive a waiver of the fee for
a place of regular entertainment. If such corporation or organization
receives a waiver of the fee and during the year rents its place of
entertainment to a profit-making organization, that organization must
obtain a license for transient performances. For the purposes of this
subsection, a not-for-profit corporation or organization that has
regularly performed in the City at least four times per year for the
previous five years shall be considered eligible to receive a waiver.
Except as permitted in writing by the Mayor,
it is unlawful to hold an outdoor show or exhibition in public streets
or upon City-owned property.
A violation of any provision of this chapter
shall be liable for the payment to the City of a civil penalty in
the amount of $100 for each violation recoverable in a civil action
or by a civil compromise after a hearing on the violation.
[Added 9-9-1985 by Ord. No. 85-80A]
A. It shall be unlawful for any female person to appear,
work, entertain, act or display herself in a public place or a place
open to the public clothed or costumed in such a manner that a portion
of her breast below the top of the areola is not covered with a fully
opaque covering or in such a manner that the genitals, pubic area
or buttocks are not covered with a fully opaque covering.
[Amended 8-14-2000 by Ord. No. 2000-7B]
B. It shall be unlawful for any male to appear, work,
entertain, act or display himself in a public place or a place open
to the public clothed or costumed in such a manner, that his genitals,
pubic area or buttocks are not covered with a fully opaque covering.
[Amended 8-14-2000 by Ord. No. 2000-7B]
C. It shall be unlawful for any person to knowingly conduct,
maintain, own, lease, manage, operate or furnish any public place
or a place open to the public where a female or male person is not
clothed, costumed or covered as required herein.
[Amended 8-14-2000 by Ord. No. 2000-7B]
D. Any person found guilty of violating any of the subsections
of this section shall be guilty of a violation and shall be subject
to a fine not to exceed $250 or by imprisonment not to exceed 15 days
or by both such fine and imprisonment.
[Added 2-12-1996 by Ord. No. 96-07]
Every licensed establishment as defined in §
128-2 of the Code of Ordinances shall permit inspections of the premises during the regular business hours of the licensee by the Schenectady Police Department and/or the Director of Consumer Protection and/or any other persons designated in writing by the Mayor.