[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 6-14-1977 by L.L. No. 5-1977. Amendments noted where applicable.]
This chapter shall be known as the "Assembly Law of the Town
of Oyster Bay."
The Town Board, in order to promote proper government and ensure
the proper protection, order, conduct, safety, health, welfare and
well-being of persons and property within the unincorporated areas
of the Town of Oyster Bay, New York, finds that it is in the public
interest to enact this chapter.
[Amended 4-16-1985 by L.L. No. 1-1985; 3-12-1991 by L.L. No.
1-1991]
The Commissioner of Planning and Development or his designee
may use any provisions of the Building Code of National Fire Codes
as published by the National Fire Protection Association, necessary
to enforce the intent or purpose of this chapter as stated in this
chapter. In the event of any conflict or inconsistency between the
provisions of this chapter and any existing or subsequently amended
or revised local laws of the Town of Oyster Bay, the Code of the Town
of Oyster Bay and the Building Zone Ordinance of the Town of Oyster
Bay, then the existing or subsequently amended or revised local laws
of the Town of Oyster Bay, Code of the Town of Oyster Bay or Building
Zone Ordinance of the Town of Oyster Bay having the stricter provisions
shall prevail.
A.
APPROVED LICENSE[2]
COMMISSIONER
LICENSE
PERSON
PLACE OF ASSEMBLY
TEMPORARY LICENSE
TOWN BOARD
Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings herein indicated, and
any terms not defined herein shall have the meanings set forth in
the Building Zone Ordinance of the Town of Oyster Bay.[1]
The license issued for a place of assembly by the Commissioner
of the Department of Planning and Development or his designee, in
accordance with this chapter.
[Added 4-16-1985 by L.L. No. 1-1985]
The Commissioner of the Department of Planning and Development
or his deputy or other duly authorized representative.
A temporary or approved license.
Any individual, firm, company, association, society, partnership,
corporation or group.
Any room, place or space which is occupied or arranged to
be occupied to accommodate more than 50 persons, with or without the
levy of an admission fee, for the gathering, collecting or congregating
of persons for a common purpose such as, but not limited to, recreational,
amusement, social, sports, patriotic, civic, educational, travel and
similar purposes; any room, place or space which is occupied or arranged
to be occupied to accommodate up to 50 persons, with or without the
levy of an admission fee, for the gathering, collecting or congregating
of children and/or their parents or guardians for a common purpose
such as, but not limited to, gymboree, playroom activities, arts and
crafts, parent-child bonding activities, children's parties and
similar purposes; this definition shall include assembly halls, lecture
rooms, exhibition halls, museums, auditoriums, instruction rooms,
discotheques, dance halls or studios, cabarets, nightclubs, cocktail
bars, restaurants, any room or space used for private banquets, feasts,
socials, card parties, bingo or weddings, lodge or meeting halls or
rooms, skating rinks, gymnasiums, public swimming pools, billiard
rooms, bowling alleys, archery ranges, halls used for public or private
gathering purposes, funeral parlors, private schools, concert halls,
theaters or any other buildings, sheds or enclosures, tents and other
similar classifications of this section as determined by the Commissioner
of the Department of Planning and Development or his designee. Family
gatherings in residential buildings are exempt from this definition.
[Amended 4-16-1985 by L.L. No. 1-1985; 7-7-1992 by L.L. No.
1-1992]
The license issued for a place of assembly by the Commissioner
upon the filing of an application for an approved license and payment
of the fee, all as provided herein.
The Town Board of the Town of Oyster Bay.
[Amended 4-16-1985 by L.L. No. 1-1985]
No person shall conduct, maintain or operate a place of assembly
or allow, let or permit property to be used as or for a place of assembly
without a written license issued by the Commissioner of the Department
of Planning and Development or his designee, authorizing such place
of assembly.
[Amended 4-16-1985 by L.L. No. 1-1985]
A.
An application for such a permit shall be by verified petition on
forms to be furnished by the Commissioner of the Department of Planning
and Development, and shall include the following information and be
submitted with the payment of all fees required herein:
(1)
The name, age, residence, address and telephone number of each applicant;
if the applicant is a partnership, the name of the partnership and
the name, age, residence address and telephone number of each partner;
if the applicant is a corporation, the name of the corporation, the
state of incorporation, the name, residence address and telephone
number of each officer and director and, when required by the Commissioner,
the name of each stockholder.
(2)
The exact location of the premises to be licensed stating the section,
block and lot, the street address and community, a metes and bounds
description of the plot, and the name of the building in which the
licensed premises is located.
(3)
The name, residence address and telephone number of the owners of
the building.
(4)
If the applicant is a lessee, the name, residence address and telephone
number of the lessor.
(5)
Whether liquor is to be served on the premises, and, if so, a copy
or number of the valid liquor license issued by the New York State
Liquor Authority.
(6)
Whether any person applying for a license or lessee, manager or operator
connected or associated with the licensed premises has ever been convicted
of any offense, crime, misdemeanor, violation or of any offense against
any local law or municipal ordinance, other than traffic violations,
and, if so, the nature of the conviction, the court where convicted
and the date and penalty assessed.
(7)
A floor plan drawn to scale showing the sizes of all rooms, sizes
of all exits, toilet facilities, seating arrangements, table layouts
and spacing, ventilation equipment and specifications.
(8)
A survey drawn by a licensed surveyor showing all buildings on the
plot and their uses, all parking spaces and driveways, curb cuts and
stormwater facilities.
(9)
Any other information as may be required by the Commissioner.
B.
If there is any change, after the filing of an application for a
license, in any of the facts required to be set forth in the application,
a supplemental written statement giving notice of the change or changes,
duly verified, shall be filed with the Division of Building within
10 days after any change. Failure to do so shall, if willful and deliberate,
be cause for suspension or revocation of the license. In giving any
notice or taking any action in reference to a licensee of a licensed
premises, the Commissioner may rely upon the information furnished
in any supplemental statement connected therewith. The information
contained therein shall be presumed to be correct and shall be binding
upon a licensee or the licensed premises as bona fide information.
[Amended 4-16-1985 by L.L. No. 1-1985]
Upon a compliance with the application requirements and following
an inspection of the premises to be licensed and upon the finding
by the Commissioner of the Department of Planning and Development
or his designee that the provisions of this chapter, as well as all
applicable ordinances, local laws, statutes, rules and regulations,
have been complied with and that the premises is a safe place for
use as a place of assembly, the Commissioner shall issue an approved
license.
[Amended 4-16-1985 by L.L. No. 1-1985]
An approved license shall expire one year from the date of issuance.
The Commissioner of the Department of Planning and Development or
his designee may stagger such expiration dates so that all licenses
shall not expire on the same month. A renewal of such an application
shall become effective as of the date immediately following the expiration
of the one previously approved.
[1]
Editor's Note: Former § 183-10, Temporary licenses,
as amended, was repealed 1-4-2000 by L.L. No. 1-2000.
[Amended 2-7-1984 by L.L. No. 1-1984; 4-16-1985 by L.L. No.
1-1985; 1-4-2000 by L.L. No. 1-2000; 6-26-2018 by L.L. No. 6-2018]
A.
Fees for approved licenses issued hereunder shall be payable annually
and shall be based on the number of persons each place is designed
to accommodate as certified by the Commissioner of the Department
of Planning and Development or his or her designee and shall be determined
according to the amounts indicated in the fee schedule established
by the Commissioner of the Department of Planning and Development.
B.
Where there is more than one place, room or area of assembly in the
same building and the applicant is the same for all the places, rooms
or areas of assembly therein, the fee shall be determined on the basis
of the sum of the combined occupancies.
C.
A fee shall be charged in the amount indicated in the fee schedule
established by the Commissioner of the Department of Planning and
Development.
D.
Any room or building that contains a place of worship, Fire Department,
all recreational facilities and assembly halls owned by the Town of
Oyster Bay and other tax-exempt organizations shall not be subject
to the fee requirements.
A.
The maximum occupancy of any place of assembly shall be the lesser
of:
(1)
The maximum occupancy of a place of assembly fixed by resolution
of the Town Board shall apply to such places of assembly; or
(2)
Where the maximum occupancy of a place of assembly is not fixed by
Town Board resolution, the maximum occupancy recorded as approved
by the Division of Building prior to the effective date of this chapter
shall apply.
B.
Where Subsection A of this section is not applicable, the maximum occupancy of a place of assembly shall be as follows:
|
Occupancy or Specific Area
|
Number of Persons Permitted
|
|---|---|
|
Table and dining areas Area
|
1 per 15 square feet
|
|
Counter dining
|
1 per counter stool or seat
|
|
Bar or cocktail area
|
1 per 6 square feet in designated bar area or a distance of
10 feet from bar
|
|
Dance floor area in restaurants, cabarets or catering halls
|
No increase in occupancy
|
|
Dance floors in other occupancies
|
1 per 7 square feet
|
|
Designated waiting areas, not including exits and hall-ways
|
1 per 3 square feet
|
|
Places containing permanent seats
|
1 per seat
|
|
Billiard rooms, bowling alleys, golf schools, archery and pistol
ranges and similar type places
|
1 per 50 square feet
|
|
Other places not listed above
|
Shall be determined by the Superintendent by good general accepted
standards
|
[Amended 4-16-1985 by L.L. No. 1-1985]
A.
The Commissioner of the Department of Planning and Development or
his designee shall cause an investigation of the application and following
such investigation the license shall be issued or denied. If denied,
the reasons therefor shall be indicated in such denial notice.
B.
A denial of the application shall automatically cancel any temporary
license issued hereunder; and the continuance of the operation as
a place of assembly shall constitute an offense hereunder, after mailing
notice, by regular mail, of such cancellation addressed to the applicant
at the residence address of said applicant set forth in the application.
[Amended 4-16-1985 by L.L. No. 1-1985]
The Commissioner of the Department of Planning and Development
or his designee, upon notice, and after a hearing at which the licensee
shall be given an opportunity to be heard, may suspend or revoke any
license issued, for any of the following causes:
A.
Fraud, misrepresentation or false statement contained in the application
for or renewal of a license.
B.
Allowing, suffering or permitting any illegal gambling, sale or use
of narcotics or sale or use of dangerous hallucinating drugs on the
premises or allowing, suffering or permitting such premises to be
disorderly.
C.
Any violation of this chapter.
D.
Failure, refusal or neglect to any person, officer or director of
any corporation, holding a license for a place of assembly under this
chapter, to permit entry for inspection, to appear and/or testify
under oath at an inquiry or hearing with respect to any matter bearing
upon the conduct of the place of assembly or the fitness of the person,
as applicable.
E.
Failure, refusal or neglect to provide for the health, safety or
welfare of persons frequenting the licensed premises.
A.
All buildings, structures and tenancies of assembly places shall
be constructed, arranged, altered and/or designed to retard the spread
of fire and to safeguard human life.
B.
Walls and ceilings shall be maintained free from cracks and openings
which would permit flame, smoke or excessive heat to enter a concealed
space or permit the spread of fire and smoke.
C.
All interior finish materials for acoustical correction, surface
insulation and decorative treatment on surfaces of walls, ceilings,
floors and interior trim shall be of a material or treated so as it
will not in burning give off excessive amounts of smoke or objectionable
gases. The Building Code shall be used as a guide to determine the
flame spread requirements.
D.
It shall be prohibited to accumulate or store, except in approved
locations with approved safety measures, any highly flammable or explosive
matter, such as paints, volatile oils, cleaning fluids and similar
materials or any combustible refuse liable to spontaneous combustion,
such as wastepaper, boxes, rags or similar materials.
E.
It shall be prohibited to accumulate or store materials on fire escapes,
stairway enclosures, passageways, corridors, doorways, aisles, exitways
or any other locations where in event of fire such materials may obstruct
egress of occupants or interfere with fire-fighting operations.
F.
All existing fire protection equipment shall be maintained in good
working order and shall be tested from time to time and as required
by the inspector, to assure that it is in good working condition.
G.
Wherever possible, all existing stairways shall be enclosed on top
and bottom or both to prevent spread of fire and smoke and to provide
safe exits.
H.
All exit doors shall swing in the direction of a safe exit, unless
this is deemed impossible in existing buildings by the Commissioner
of the Department of Planning and Development or his designee.
[Amended 4-16-1985 by L.L. No. 1-1985]
I.
Fire extinguishers shall be of an approved type and size and shall
be located where they are easily seen and most convenient to use in
case of emergency. The number of fire extinguishers shall be determined
by the Commissioner of the Department of Planning and Development
or his designee in accordance with good general practice.
[Amended 4-16-1985 by L.L. No. 1-1985]
J.
All assembly spaces must be provided with emergency light and power
so that the occupants will have sufficient light to exit from the
building. The emergency lights will be installed as specified by the
Building Code.
K.
All exits shall be arranged, constructed and proportioned so that
the occupants shall have a safe, continuous and unobstructed exit
from any portion of the interior of the building to the exterior at
street or a safe grade level. The Building Code will be used as a
guide to design and check the capacity of exits and their arrangement.
L.
All interior equipment, desks, tables, machinery, stock and other
obstructions must be arranged as to provide safe access to all exits.
All aisles shall have a minimum width of 36 inches.
M.
Exits shall be located so that they are readily accessible and visible
and arranged so as to avoid pockets or dead ends.
N.
Exits shall be so arranged that they will be as remote as possible
from each other.
O.
Assembly spaces.[1]
(1)
The maximum number of occupants permitted within assembly spaces
shall be established by the Code Enforcement Official and shall be
conspicuously posted in each space, and shall not be exceeded.
(2)
It shall be the responsibility of the manager or person in charge
to assure that the occupant load does not exceed the number established
by the Code Enforcement Official and should be issued a summons if
not in compliance.
The exterior of all assembly buildings must be maintained in
a sound structural manner so as not to allow decay, rot or deterioration
of the exterior walls or roof and as to assure the desirable character
of the property.
A.
All pavement required for a place of assembly must be maintained
in a good condition and free of potholes and excessive wear.
B.
All required parking spaces must be adequately marked or striped
in accordance with the requirements of the Town Code.
C.
No exterior storage of materials, trucks, abandoned cars or trailers
are permitted in parking area.
D.
All paved areas must be provided with an adequate and approved stormwater
drainage system. All stormwater drainage systems must be maintained,
cleaned and serviced to perform the requirements they were designed
to perform.
E.
Sleeping in parked cars, trucks or trailers is prohibited.
F.
All required parking areas must be provided with adequate lighting.
Such lighting shall not exceed an intensity of five footcandles nor
shall it be less than 1 1/2 footcandles at pavement level. The
installation of such lighting shall be so designed, hooded or shielded
as to reflect the light away from abutting or neighboring residential
dwellings. All lights must be turned off when the premises are closed.
A.
Fences and screening shall be maintained in accordance with the Town
Code and shall be safe and in substantial condition.
B.
Heavy undergrowths and accumulations of plant growth which are noxious
or detrimental to health shall be eliminated.
C.
Yards, pavement, courts and other outside areas shall be kept clean
and free of physical hazards and debris.
D.
Grassed and landscaped area shall be kept clean, trimmed and in a
neat condition.
E.
Grounds, building and structures shall be maintained free of insects,
vermin and rodent harborage and infestation.
A.
Adequate sanitary facilities and methods shall be used for the collection,
storage, handling and disposal of garbage and refuse pursuant to regulations
issued by the Nassau County Department of Health.
B.
It shall be unlawful to store or accumulate garbage or refuse in
any exit area, hallway or stairway.
A.
All assembly buildings, halls and rooms shall be maintained to have
a healthy, safe environment and shall not endanger the environment
of others.
B.
Plumbing, heating, electrical, ventilating, air-conditioning, refrigeration,
cooking, fire protection, elevators, dumbwaiters, escalators and other
mechanical equipment, installations or systems shall be installed,
located and maintained so that such equipment and systems shall not
be a danger to health, safety or welfare and shall not constitute
structural defects, sources of ignition or create excessive noise.
C.
All toilet facilities and kitchens shall be maintained in a clean
and sanitary manner.
D.
All places of assembly shall be designed and maintained so that all
noise shall be held to a minimum and shall comply to the noise provisions
of the Town Code.
E.
Conservation of water.
[Added 6-6-1989 by L.L. No. 2-1989]
(1)
Drinking water shall be served to patrons of places of assembly only
upon the request of such patrons.
(2)
A sign, giving notice of this requirement, shall be posted conspicuously
in such places of assembly. This sign shall be no smaller than 13
inches by 10 inches and shall be posted in a visually accessible manner.
A.
Any person who shall conduct, maintain or use any property as a place
of assembly or who shall allow, let, suffer or permit any property
to be conducted, maintained or used as a place of assembly without
a license as provided in this chapter or who shall violate any of
the provisions of this chapter shall be deemed to have committed a
violation; and for each violation shall be subject to a fine of not
exceeding $1,000 or imprisonment not in excess of 15 days.
B.
In addition to other remedies prescribed herein, the Town Board may
maintain an action or proceeding in the name of the Town of Oyster
Bay in a court of competent jurisdiction of compel compliance or to
restrain by injunction the violation of any of the provisions of this
chapter.
[Added 4-3-1979 by L.L. No. 2-1979]
A "place of assembly," as used herein, shall not include any
premises occupied by a volunteer fire department or by a volunteer
fire company, and none of the provisions of this chapter shall be
applicable to any such premises.
