This chapter shall be known and cited as the
"Volleyball Game Playing Ordinance" of the City of Lackawanna, New
York.
The purpose of licensing volleyball playing
in the City of Lackawanna is to regulate volleyball playing conducted
in connection with the operation of a restaurant, and for protection
of public health, welfare and safety. This chapter does not regulate
casual volleyball playing at a private residence in the City.
As used in this chapter, the following terms
shall have the respective meanings indicated:
LICENSED AREA
The area occupied by the volleyball court, the spectator
area, parking spaces, open spaces surrounding the volleyball court,
and spaces on which fencing or lighting fixtures are located, as may
be required. The licensed area shall adjoin the restaurant premises,
except that all or part of the parking spaces required by this chapter
may be located on the restaurant premises.
LICENSEE
Any person to whom a license has been issued pursuant to
this chapter.
PERSON
An individual, partnership or corporation.
RESTAURANT
A place which is regularly and in a bona fide manner used
and kept open for serving of meals or beverages to guests for compensation,
including but not limited to any place licensed by the New York State
Liquor Authority to sell beer, wine and liquor for on premises consumption.
RESTAURANT PREMISES
The premises normally occupied in connection with the operation
of the restaurant, excluding the licensed area.
No person engaged in the restaurant business
shall allow any volleyball game playing in or about the restaurant
premises unless a license has been issued pursuant to this chapter.
This license is not required for any casual volleyball playing at
a private residence.
Each applicant for a license to permit volleyball
game playing under the provisions of this chapter shall file with
the City Clerk a written application on a City form provided by the
City Clerk, setting forth the following information:
A. The name, date of birth and address of the applicant,
the address and description of the premises to be licensed, and the
type of entity and character of business in which it is engaged.
B. The type of license held by the applicant if licensed
by the State Liquor Authority and date of expiration of the license.
C. A diagram of the premises on plain paper, 8 1/2
inches by 11 inches, setting out all the buildings on the premises,
parking area, volleyball court location, spectator area, fencing and
lighting.
D. Each department designated above, in its review and
determination, shall apply all pertinent rules, regulations, and ordinances
of the City applicable to each case and such other information as
may be required by the Lackawanna City Clerk.
The Building Inspector and code enforcement
officers of the City and any member of the Department of Public Safety
are hereby authorized to make the necessary inspections and to perform
any of the duties required to enforce this chapter.
The Director of Public Safety may revoke a license granted under this chapter on the ground that the licensee has violated any of the regulations set out in §
219-7 of this chapter, upon giving the licensee reasonable notice and an opportunity to be heard.
No license issued hereunder is to be used by
or assigned to any person other than the licensee.
The license shall expire on December 31 of the
year for which the license is granted.
The fee for a license required by this chapter
shall be $150 for the year for which the license is granted or any
part thereof.
Any person who violates any provisions of this
chapter, upon conviction thereof, shall, in addition to the revocation
of any license issued hereunder, be punished by a fine not exceeding
$500 or by imprisonment for a term not exceeding 15 days, or both.
A separate offense shall be deemed committed on each day during or
in which a violation occurs or continues.