[HISTORY: Adopted by the Board of Trustees of the Village of Piermont
11-14-1977 by L.L. No. 27-1977 as Ch. 29 of the 1977 Code. Amendments noted
where applicable.]
The licensing of commercial amusement enterprises is deemed to be in
the interest of the public safety and welfare.
As used in this chapter, the following terms shall have the meanings
indicated:
A facility for bowling, including any restaurant and bar operation
in connection therewith.
An amusement enterprise with amusement rides, booths, etc.
An enclosure containing seats or standing room, covered by a tent
or other structure, for exhibition, acrobatic performances, etc.; also, the
company of performers or performance.
A room, open to the general public, in which pool and billiards are
played.
Any public display, including but not limited to works of art, manufacturers'
exhibits, commercial exhibits, vaudeville acts, feats of skill, aqua exhibitions
or aqua races.
A building or structure containing an area upon which roller-skating
or ice skating is permitted, including the skating area, whether or not covered
by any other structure.
An edifice for dramatic performances or spectacles, including motion-picture
and television exhibitions; a room adapted to any exhibition or performance
before an assembly.
No person, firm or corporation shall conduct, maintain, operate or use
any building, plot or parcel of land for the operation, maintenance or conducting
of circuses, carnivals, theaters, motion-picture-house shows, billiard rooms,
poolrooms, bowling alleys, commercial skating rinks or public exhibitions
in the Village of Piermont without having obtained a license therefor from
the Village Clerk as hereinafter provided.
A.
Fees shall be paid to the Village Clerk for a license
pursuant to a schedule which shall be adopted by the Board of Trustees.
B.
This chapter shall not apply to the following: circuses
and carnivals operated wholly by and for the benefit of churches, fire companies,
schools, service or fraternal organizations and for other charitable and eleemosynary
purposes.
The applicant shall make application in writing for a license to the
Village Clerk and, prior to approval, shall present to the Village Clerk the
approval of the following agencies:
A.
Building Inspector.
B.
Rockland County Health Department, as to the adequacy
of the proposed sewage disposal and drinking water supply.
C.
Police Department as to the adequacy of the proposed
plan for off-street and highway parking.
D.
Fire Department as to the safety of the proposed seating
arrangement and adequacy of the proposed fire protection.
E.
Other applicable governmental authorities.
It shall be the responsibility of the applicant to protect and to see
that any lot or parcel of land used for such circus, carnival or public exhibition
is cleared of all debris and rubble within 24 hours after the closing of such
commercial amusement enterprise. A bond issued by an indemnity company authorized
to do business in the State of New York, in cash or by certified check, in
the amount of $500 shall be posted or furnished to ensure compliance with
this provision.
No exhibition or commercial amusement shall be permitted which imperils
the public welfare or which is detrimental to the health, safety, welfare
and morals of the people of the Village of Piermont.
The license by the Village Clerk shall provide for operation of the
particular amusements licensed to the hours hereinafter set forth.
A.
Circuses, carnivals, public exhibitions, theaters, motion-picture
houses, bowling alleys, commercial skating rinks and other similar places
of recreation and amusement: 8:00 a.m. to 1:00 a.m., except bowling alleys
may remain open until 4:00 a.m., prevailing time. Any theater may continue
any show which shall have started prior to 1:00 a.m.
B.
Billiard rooms: Monday through Saturday only, 9:00 a.m.
to 9:00 p.m., prevailing time.
Any license issued hereunder by the Village Clerk may be revoked by
the Village Clerk in the event any of the following occur:
A.
Violation of any law or regulation of the State of New
York or the Village of Piermont.
B.
Violation of the requirements of any special permit issued
by the Zoning Board of Appeals of the Village of Piermont.
C.
If, in the judgment of the appropriate town, county or
state department having jurisdiction, the health, safety, welfare and morals
of the Village of Piermont will be adversely affected by the continuance of
the licensed premises.
Any person aggrieved by the denial of a license shall have the right
to appeal to the Board of Trustees. Such appeal shall be taken by filing with
the Village Clerk, within 10 days after the notice of the action complained
of has been mailed to such person's last known address, a written statement
setting forth fully the grounds for the appeal. The Board of Trustees shall
set a time and place for a hearing on such appeal, and notice of such hearing
shall be given to the applicant. The decision of the Board of Trustees on
such appeal shall be final and conclusive.
