[HISTORY: Adopted by the North Hempstead Town Board 7-23-1974 as L.L. No. 8, 1974. Amendments noted where applicable.]
The Town Board of the Town of North Hempstead does hereby find that there exists in this town an increasing trend toward nude and seminude acts, exhibitions and entertainment, and of undress by female employees of bars and restaurants where food or alcoholic beverages are sold to the public, that such acts and such competitive commercial exploitation of nudity is adverse to the public peace, morals and good order and that it is in the best interest of the public safety and welfare of this town to restrict such nudity and the commercial promotion and exploitation thereof in bars and restaurants where food or alcoholic beverages are sold, as hereinafter set forth.
The Town Board of the Town of North Hempstead further finds that it is solely within the powers of the State of New York as delegated to the State Liquor Authority to regulate and control the manufacture, sale and distribution within the state of alcoholic beverages, for the purpose of fostering and promoting temperance in their consumption and respect for and obedience to law, and that the same should be augmented not inconsistent with state power by local regulation of conduct of persons engaged in the sale to the public of food and drink and alcoholic beverages, and those persons who are in their employ.
It is, therefore, declared to be the policy of the Town Board of the Town of North Hempstead that in order to preserve public peace and good order and to safeguard the health, safety, welfare and morals within the unincorporated area of the Town of North Hempstead, it is necessary to regulate and control the conduct of owners and operators of cabarets, bars, lounges, dance halls, discotheques and places which serve food or alcoholic beverages so as to fix certain responsibilities and duties of persons owning, operating or controlling such establishments and all persons employed, whether for hire or not, in such establishments.
As used in this local law, the following terms shall have the meanings indicated:
- BARS and LOUNGES
- Any business establishment in which the business of selling or serving food or alcoholic beverages to persons to be consumed upon the premises, and in which musical entertainment, singing and dancing in a designated area may or may not be permitted and shall include as well such room, place or space which provides incidental musical entertainment by live musicians or entertainers or mechanical device, whether or not dancing is also permitted, but not including opera houses, theaters, playhouses or concert halls.
- A place of business where food or alcoholic beverages are sold to persons to be consumed upon the premises and in which any musical entertainment, singing and dancing in a designated area is permitted and shall include any room, place or space providing incidental musical entertainment by mechanical device with or without dancing.
- DISCOTHEQUES and DANCE HALLS
- Any business establishment in which dancing is permitted and is the primary service provided to persons, whether or not admission is obtained by payment of a fee and whether or not food or alcoholic beverages are served to be consumed upon the premises.
- OPERA HOUSE, THEATER, PLAYHOUSE and CONCERT HALL
- Any business establishment primarily providing a place for the performance of opera, musical shows, dramatic productions, ballet, motion pictures, musical reviews or concerts, having permanently affixed seats or seating so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical performance or similar forms of artistic expression are presented and where such performances are not incidental to the promoting of the sale of food, drink or other merchandise, and service of food or alcoholic beverages is not the primary service provided.
- An individual, partnership, corporation, association or society and shall include officers, directors, stockholders, partners and trustees thereof.
- RESTAURANT and COFFEE SHOP
- Any business establishment primarily providing for the service or sale of food and drink to persons to be consumed upon the premises, or which may be carried out to be consumed off the premises, and shall include business establishments which also have licenses to sell alcoholic beverages and have located upon the premises a bar or lounge.
- TOWN OF NORTH HEMPSTEAD
- The unincorporated area of the Town of North Hempstead, County of Nassau, State of New York.
It shall be unlawful for any person maintaining, owning or operating a cabaret, bar or lounge, dance hall, discotheque, restaurant or coffee shop within the Town of North Hempstead:
To suffer or permit any waitress, barmaid, female entertainer or other female person in the employ thereof who appears before or deals with the public in attendance therein to appear in such manner that the portion of her breast below the top of the areola is not covered with a fully opaque cover or that one (1) or both breasts are wholly exposed to view.
To suffer or permit any person in the employ thereof who appears before or deals with the public in attendance therein to appear in such manner as to actually display or simulate the display of the pubic hair, anus, vulva or genitals.
It shall be unlawful for any female person to appear in any cabaret, bar or lounge, dance hall, discotheque, restaurant or coffee shop within the Town of North Hempstead in such a manner that the portion of her breasts below the top of the areola is not covered with a fully opaque cover or that one (1) or both breasts are wholly exposed to view.
It shall be unlawful for any person to appear in any cabaret, bar or lounge, dance hall, discotheque, restaurant or coffee shop within the Town of North Hempstead in such a manner as to actually display or simulate the display of the pubic hair, anus, vulva or genitals.
Any person who shall violate any section of this local law shall be guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.) or imprisonment for a period not to exceed one (1) year, or both. Each day's continued violation shall constitute a separate violation.
If any clause, sentence, section, paragraph or provision of this local law shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, section, paragraph or provisions directly involved in the controversy in which such judgment shall have been rendered.
This local law shall take effect immediately upon the filing with the Secretary of State.