[HISTORY: Adopted by the North Hempstead Town Board 7-23-1974 as
L.L. No. 8, 1974. Amendments noted where applicable.]
A.
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.
B.
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.
C.
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:
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.
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.
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.
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.
The unincorporated area of the Town of North Hempstead, County of
Nassau, State of New York.
A.
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:
(1)
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.
(2)
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.
B.
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.
C.
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.
