City of Watervliet, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Watervliet 6-7-2007 by Ord. No. 1803. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 197.
Zoning — See Ch. 272.

§ 94-1 Purpose.

This chapter is hereby adopted by the City of Watervliet for the purposes of prescribing regulations governing live musical entertainment in the City of Watervliet. The legislative intent of such regulations is to provide support to applicable businesses that own, manage or maintain any bar, restaurant, and tavern in the City of Watervliet by providing for the creation of a permit system to allow limited live musical entertainment in the above mentioned business establishments. Many of these businesses are suffering financial hardship due to the smoking ban law and competition from other bars and restaurants that are allowed to have live music entertainment. The goal is to allow for live musical entertainment in a fair and beneficial manner without negative impacts on the welfare of the residents of the City of Watervliet.

§ 94-2 Title.

This chapter shall hereinafter be known and cited as "Live Musical Entertainment."

§ 94-3 Applicability; authority to issue regulations; severability.

A. 
If a provision of this chapter is found to be inconsistent with any provision of other chapters of the City Code or Charter, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. A greater penalty shall not be considered as more restrictive or a higher standard.
B. 
The General Manager of the City of Watervliet shall have the authority to issue such regulations as may be necessary to implement the provision of this chapter.
C. 
If any part, provision, section, subdivision, paragraph or term of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining article, parts, provisions, sections, subdivisions, paragraphs or terms.

§ 94-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPLICABLE BUSINESSES
Any person, firm, association, organization, partnership, company or corporation owning, managing or maintaining any bar, restaurant, or tavern located in the City of Watervliet who is licensed to sell alcohol pursuant to the laws of the State of New York.
APPLICABLE LAWS
The laws, rules, regulations, and codes of the State of New York and the City of Watervliet.
AUTHORIZED OFFICIALS
The General Manager, City Clerk, Police Chief, Fire Chief, and Building Inspector.
CITY CLERK
The City Clerk of the City of Watervliet.
CITY PERMIT
Written authority from the City Clerk of the City of Watervliet authorizing live musical entertainment in the applicable businesses in the City of Watervliet.
FIRE CHIEF
The Fire Chief of the City of Watervliet.
FIRE DEPARTMENT
The City of Watervliet Fire Department.
GENERAL MANAGER
The General Manager of the City of Watervliet.
LIVE MUSICAL ENTERTAINMENT
Live bands; karaoke, with or without a DJ; piano sing-a-longs; disc jockey playing tapes, records or CDs; records; tapes or CDs; and news and radio broadcasts.
PERMIT SYSTEM
The manner by which applicable businesses can obtain a City permit to obtain the authority to have live musical entertainment.
POLICE CHIEF
The Police Chief of the City of Watervliet.
POLICE DEPARTMENT
The City of Watervliet Police Department.

§ 94-5 Permit required.

No person, firm, association, organization, partnership, company or corporation owning, managing or maintaining a restaurant, bar or tavern within the limits of the City of Watervliet shall be allowed to have live musical entertainment without first having procured a permit from the City Clerk of the City of Watervliet.

§ 94-6 Use of premises prohibited without permit.

No person, firm, association, organization, partnership, company or corporation owning, managing or maintaining a restaurant, bar or tavern within the limits of the City of Watervliet shall permit any room or building owned or controlled by him or her to be used for the purpose of live musical entertainment unless the same shall have obtained a permit as herein provided.

§ 94-7 Qualifications of person or entity obtaining permit.

Permits are available to all businesses located in residential, business, manufacturing, and industrial zones in the City of Watervliet that are licensed to serve alcohol pursuant to authority of the New York State Liquor Authority. Permits are not available to private residences and are not required for private clubs. No permit shall be issued to any person under the age of 21 years nor to any person who has been convicted of a felony nor to any firm, association, organization, partnership, company or corporation of which any member has been so convicted of a felony nor to any person who is not a citizen of the United States or who has not filed his or her declaration to become a citizen thereof nor to any firm, association, organization, partnership, company or corporation of which any member is not a citizen of the United States or who has filed his or her declaration of intention to become a citizen thereof nor to any person who, having previously obtained a permit to have live musical entertainment, shall have said permit or any subsequently issued permits revoked, terminated or suspended during the year immediately preceding the time of making an additional application as herein mentioned nor to any firm, association, organization, partnership, company or corporation any member of which, having obtained a permit to have live musical entertainment, shall have had such permit revoked during the year immediately preceding the time of making the application.

§ 94-8 Permit procedure.

A. 
A City permit for live musical entertainment is available to and can be obtained by the applicable businesses commencing on July 1, 2007, subject to the approval of the General Manager of the City of Watervliet to allow for specific occasions where the bar, tavern or restaurant desires to have the following entertainment: live bands; karaoke, with or without a DJ; piano sing-a-longs, DJs playing tapes, records or CDs; records, tapes or CDs; and news and radio broadcasts. A permit is required for each separate live musical entertainment per day.
B. 
A permit application form must be filed by the applicable businesses and received by the City Clerk at least 10 calendar days prior to the planned activity; provided, however, that the City Clerk has the authorization to waive the ten-day permit application filing requirement if the applicant provides sufficient proof that an unforeseen occurrence took place that prompted the need for a planned activity. Each permit application will be reviewed on a case-by-case basis by the General Manager, City Clerk, Chief of the Police Department, and Chief of the Fire Department. The City Clerk, Chief of the Police Department, and Chief of the Fire Department may make recommendations to the General Manager denying such permit application. If the permit application is denied by the General Manager, the City Clerk will notify the applicable business, in writing, of the decision to deny a permit.
C. 
The entire history and records of the applicable business will be reviewed during the permit application process, including, but not limited to, police records and complaints made to the Watervliet Police and Fire Departments, New York State Liquor Authority records, complaints, findings and history, City of Watervliet Building and Fire Department records, and input from the City Council.
D. 
The City Clerk will issue a permit to the applicable business, upon approval of the General Manager, and will provide copies of the permit to the Chief of the Police Department and Chief of the Fire Department. A log and calendar of events will be kept by the City Clerk and will be made available to the public at all times.
E. 
After examining the applicant's records and permit application, the General Manager reserves the right to deny a permit for any reason.
F. 
The General Manager has the authority to terminate any permit activity or revoke any permit at any time and terminate the ability of the applicable business to obtain a permit for live musical entertainment in the future.

§ 94-9 Permit fees; hours of operation.

A. 
There is no cost for submitting a permit application and there is no cost for obtaining a permit.
B. 
Each applicable business who has obtained a permit is allowed to have unlimited live musical entertainment per year. Permits must be obtained for each separate live musical entertainment. Live musical entertainment is allowed between Monday through Sunday and between the hours of 12:00 p.m. and 1:00 a.m. No live musical entertainment is allowed after 1:00 a.m.

§ 94-10 Enforcement.

A. 
Applicable businesses who have obtained a permit for live musical entertainment recognize that the activity permitted is a privilege provided by the City of Watervliet and the General Manager may limit, revoke or suspend said privilege at any time.
B. 
The Watervliet Police Department is the primary regulatory and enforcement agency for live musical entertainment in the City of Watervliet. Inspections by the Watervliet Police Department, Watervliet Fire Department, and other authorized officials will take place at any time while the permit is in effect. The Watervliet Police Department has the sole discretion to order the termination of any live musical entertainment in an effort to protect the welfare, safety, and health of the residents of the City of Watervliet and the public at large.
C. 
Applicable businesses who have obtained a permit for live musical entertainment must comply with the laws, codes, rules, and regulations of the State of New York and the City of Watervliet, including, but not limited to, the Penal Law of the State of New York, the laws, rules, and regulations of the New York State Liquor Authority, the City of Watervliet Zoning[1] and Noise Ordinances,[2] New York State Uniform Fire Prevention and Building Codes, and the laws, rules, and regulations of the New York State and Albany County Department of Health.
[1]
Editor's Note: See Ch. 272, Zoning.
[2]
Editor's Note: See Ch. 197, Noise.

§ 94-11 Penalties for offenses.

Any person, firm, association, organization, partnership, company or corporation who shall violate any provision of this chapter shall be guilty of a violation and shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty. In addition, the permit to have live musical entertainment shall automatically be revoked upon entry of a plea or conviction of a violation of any provision of this chapter and such person, firm, association, organization, partnership, company or corporation will not be allowed to apply for and will not be allowed to obtain a permit for one year from a finding of guilt as set forth above.

§ 94-12 Annual review.

The permit system for the City of Watervliet shall be reviewed annually by the General Manager and a written report of the overall process of such system shall be generated and produced by the General Manager and provided to the City Council no later than the first regular scheduled Council meeting in the month of December. The City Council of the City of Watervliet has the authority to terminate the permit system by appropriate legislative action.