[HISTORY: Adopted by the Town Board of the Town of Lancaster 6-16-1980 by L.L. No. 1-1980 (Ch. 15 of the 1966 Codification). Amendments noted where applicable.]
It is hereby found and declared that the drive-in theaters provide an important recreational facility to the residents of the Town of Lancaster and neighboring communities, and the service rendered by said business is a matter of public concern and interest. Study and survey of the business points to the conclusion that the public cannot be properly served and the business itself cannot properly operate in an orderly and appropriate manner without regulation of the business, especially as to the policing of said business. Therefore, for the purpose of providing for the regulation and licensing of drive-in theaters, the following licensing local law is hereby enacted by the Town Board of the Town of Lancaster, New York.
As used in this chapter, the following terms shall have the meanings indicated:
DRIVE-IN THEATER
Any and all exhibitions of film, slides, photos or animations or other moving picture involving projection of same on a screen or other structure which is situate out of doors on any premises for viewing by person or persons, whether an admission payment is made or not by the viewers and regardless of whether the viewing person or persons are on the premises where the viewing screen is situate or on some other premises and, further, regardless of whether such viewers have entered a premises by motor vehicle or as pedestrians.
A. 
No outdoor motion picture theater or drive-in theater shall be operated without obtaining a license therefor from the Town of Lancaster.
B. 
Each and every drive-in licensed hereunder shall pay a fee of $0.50 per speaker or parking place.
No license shall be granted unless a written application shall be presented to the Town Clerk setting forth the following details:
A. 
A statement of the name, age and residence address of the owner of the property and the operator or lessee of said property, if any, who shall both be considered the applicant.
B. 
A detailed plan and statement with drawings showing the location of the theater, including the location of all buildings or structures and their uses.
C. 
A detailed plan and statement with drawings showing the layout of any parking area for automobiles and other vehicles and the methods of traffic control to be used for the entrance and exit of the same.
D. 
A detailed plan and statement with drawings of all fencing and screening systems required by this chapter or otherwise acceptable to the Town Board.
E. 
A detailed plan and statement providing for fire protection, specifying the location of fire lanes and equipment or apparatus available for such purposes.
F. 
A detailed description of all insurance policies, liability insurance policies and surety bonds provided by the applicant for the protection of the general public and the Town of Lancaster.
G. 
A detailed description of all film projection booths, stands or buildings showing places and methods of fire protection and other necessary steps to ensure safe operation and safety for the operating personnel.
A. 
Fencing and screening.
(1) 
To provide for the public welfare, to prevent a public nuisance and to preserve the moral climate of minors, an opaque fence or green planting, as determined acceptable by the Town Board, shall surround the premises unless other suitable means of screening, acceptable to the Town Board righting systems will not be considered suitable), are provided to prevent viewing of the film performance from public highways and adjacent properties and to prevent persons from entering on the premises by any other means than through controlled access gates.
(2) 
If any film performance or presentation is made that persons under 17 years of age would not be permitted to attend, screening acceptable to the Town Board must be provided (lighting systems will not be considered proper) that will prevent ground-based, off-premises viewing of the picture screen or picture screening area during each such performance.
B. 
Fire, safety and health regulations. Every drive-in must comply with all New York State, Erie County and Town of Lancaster fire, safety and health regulations as would pertain to their operation.
C. 
Insurance and bonds.
(1) 
No license shall be issued unless the applicant shall furnish the Town of Lancaster proof of insurance, naming the Town of Lancaster as an additional insured, for comprehensive liability for damage to persons or property with limits of not less than $50,000/$1,000,000 for bodily injury or death and limits of not less than $50,000 for property damage, sufficient in form to save the Town harmless from any liability or cause of action which might arise by reason of granting of the license, and such insurance shall be noncancelable without 10 days' prior written notice to the Town. Failure to maintain said insurance shall be cause for revocation of the license.
(2) 
No license shall be issued unless the applicant shall deposit with the Town of Lancaster a cash or surety company bond, approved by the Town of Lancaster, in such sum not less than $1,000 as the Town Board may reasonably require to ensure the faithful observance and performance of all requirements and regulations established for drive-in theaters in the Town of Lancaster.
A. 
Projection screens and parking areas shall be at least 100 feet from any street and shall be not less than 300 feet from any R District. The face of any projection screen shall not be visible from any street within a distance of 1,000 feet.
B. 
Paving and lighting. All areas used by vehicles shall be provided with a dustless surface. Drives and aisles shall be adequately lighted whenever used and shall not produce glare toward nearby residential plots or a street.
C. 
Entrances, exits and access points shall be visible for 500 feet on the street where they are located and separated by at least 150 feet. At least two access drives shall be provided, and if two or more open on the same street, acceleration and deceleration lanes 10 feet wide and 500 feet long shall be provided adjacent to such streets. Access drives shall be laid out so as to avoid left turns as far as possible.
A. 
The sound-pressure level, as measured at the edge of a lot and which is produced by mechanical or electrical operation on the lot, where said lot adjoins a residential area, shall not exceed the average intensity of street traffic noise in that residential area. In any event, no sound shall have objectionable intermittence, volume, beat frequency or shrillness characteristics.
B. 
Individual speakers shall be made available for motor vehicles on the premises, or in the alternative, audible sound may be broadcast to said vehicle over an appropriate radio station. There shall be no central loudspeaker system permitted on the licensed premises.
C. 
The licensed operator shall permit no viewer, patron, guest, participant or other person on the premises to use any other amplification system to project sound other than what is being transmitted by the main speaker system, and the licensed operator hereunder shall not permit any person or persons to set up such system.
A. 
Drive-in or outdoor theaters existing at the time of the adoption of this chapter shall have 30 days from said time in which to file an application hereunder.
B. 
Drive-in or outdoor theaters in existence on the date of the adoption of this chapter shall have 60 days in which to comply with the provisions of §§ 148-5 and 148-6 hereof, except where practical difficulty is demonstrated by an existing theater to the satisfaction of the Town Board of the Town of Lancaster and said Town Board finds after due consideration that, due to practical difficulties unique to the applicant, an alternative plan to that provided in §§ 148-5A and 148-6, submitted by such applicant, is acceptable to the Town Board.
C. 
Drive-in or outdoor theaters in existence on the date of adoption of this chapter shall be deemed temporarily licensed and shall be subject to the provisions of § 148-8A and B hereof.
A drive-in or outdoor theater may have as an accessory use thereto a food and beverage concession stand for the dispensing of same to the patrons thereof. Nothing in this chapter shall be construed to convey to the licensee the right to use the premises for any other use, except as herein stated, whether principal or accessory in nature.
After a public hearing before the Town Board, at which time the licensee will be given an opportunity to be heard, the Town Board may revoke the license for any of the following reasons:
A. 
If any of the items required as a condition of the license is not adhered to or completed within the time limits prescribed herein.
B. 
If any insurance policy or surety bond required by this chapter shall be terminated without replacement or renewal.
C. 
If a conviction is obtained against the licensee for a violation of the Penal Law of the State of New York with particular reference to Article 235 thereof.
D. 
If a final judgment or permanent injunction is granted in favor of any authorized person under § 6330 of the Civil Practice Law and Rules against the licensee in final form.
A. 
Each violation of this chapter shall constitute an offense punishable by a fine of up to $250 and/or six-month jail term.
B. 
In addition to the above-provided penalties, the Town Board of the Town of Lancaster may also maintain an action or proceeding in the name of the Town, in a court of competent jurisdiction, to compel compliance with or to restrain by injunction the violation of this chapter.
Should any section or provision of this chapter be decided by any court to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
This chapter shall take effect after filing and publication as required by law.