The Common Council of the City of Oneonta has determined that there
exists a potentially significant hazard to the health, safety, and welfare
of the residents of the City from fire hazards and over-occupancy related
to the occupancy of bars, cabarets, and nightclubs within the City. Such damages
may include personal injury and loss of human life, and the destruction or
loss of private and public property. In order to minimize the threat of such
damages and to achieve the purposes and objectives hereinafter set forth,
this chapter is adopted.
This chapter shall be known as the "Bars, Cabarets And Nightclubs Law."
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment primarily engaged in the sale and service of alcoholic
beverages for on-premises consumption during any period of the day as permitted
by law. Such an establishment is subject to the regulatory authority of the
New York State Liquor Authority. The incidental sale or provision of food
or snacks shall not entitle such a use to be considered a restaurant under
other provisions of this code. The hours of operation of this type of establishment
may exceed the normal operating hours of a restaurant or similar establishment.
Synonyms: tavern, saloon, barroom, inn, pub, watering hole, drinking hole,
gin mill, tap room. The permanent or temporary removal or relocation of tables
and chairs from a restaurant to permit operation as a bar shall constitute
the creation of a bar. The permanent or temporary discontinuance of entertainment
in a cabaret or nightclub, without change to a restaurant, shall constitute
the creation of a bar.
Any room, space, or premises operated as a commercial establishment
in which eating and/or drinking takes place, where alcoholic beverages are
served subject to the regulatory authority of the New York State Liquor Authority,
and where the provision of entertainment is the primary activity. Entertainment
includes music by a live musician or musicians, or any mechanical, electronic,
or other means such as records, laserdiscs, audio, video, or other audio or
audio-visual means, including operation as a motion-picture theatre; acting,
play performances, theatre performances, dinner theatre, burlesque shows,
revue pantomime, scene, dance, act, or song-and-dance act participated in
by one or more employees, guests, customers, or other person or persons; or
dancing by guests, customers, or any other person or persons. Background music,
provided in accord with the City's noise ordinance regulations,[1] shall not be considered as a form of entertainment. Synonyms:
club, nightspot, disco, social establishment, dinner theatre. The permanent
or temporary removal or relocation of tables and chairs from a restaurant
to permit operation as a cabaret or nightclub shall constitute the creation
of a cabaret or nightclub. The permanent or temporary discontinuance of entertainment
in a cabaret or nightclub, without change to a restaurant, shall constitute
the creation of a bar.
The maximum number of persons allowed in an assembly structure or
portion thereof as determined by the City of Oneonta Code Enforcement Officer.
This chapter is applicable to all bars, cabarets and nightclubs.
