A.
Any decision of the Building Inspector pursuant to Article II of this chapter may be immediately reviewed as a matter of right by the Village Board. Appeals alleging error in the denial, suspension or revocation of a license or permit under this chapter shall be by petition to the Village Board.
B.
A notice of intent to appeal shall be filed with the
Building Inspector within 15 days of the mailing of a notice of denial, suspension
or revocation of a license or permit. Thereafter, and upon payment of a fee
of $150 to cover administrative costs, a hearing will be scheduled within
30 days. The Building Inspector shall give the petitioning party at least
10 days' written notice of the date, time and place for the hearing.
Any notice required under this chapter shall be accomplished by sending
a written notification by certified mail to the mailing address set forth
on the application for the license. This mailing address shall be considered
the correct mailing address unless the Building Inspector has been otherwise
notified in writing.
The Building Inspector and any department shall be immune from prosecution,
civil or criminal, for reasonable, good-faith trespass upon a sexually oriented
business while acting within the scope of its authority under this chapter.
The Board may bring suit in the Supreme Court to restrain, enjoin or
otherwise prevent the violation of this chapter.
A sexually oriented business license shall not be required for a person
to appear in a state of nudity in a modeling class operated:
A.
By a proprietary school licensed by the State of New
York;
B.
By a college, junior college or university supported
entirely or partly by taxation;
C.
By a private college or university which maintains and
operates educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation; or
D.
In a structure:
(1)
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available for viewing;
(2)
Where, in order to participate in a class a student must
enroll at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises
at any one time.
