The Board of Trustees finds that whereas there
exists a continuing and increasing amount of police activity in and
about the commercial district of the village during the late night
and early morning hours and emanating from the restaurant and dining
and dancing establishments thereof and whereas such police activity
arises from the congestion of crowds of persons in and about the subject
establishments with resultant noise, disturbances and disorders and
whereas the village is caused thereby to maintain police and emergency
personnel on duty at times beyond reasonable and normal hours, at
substantial cost and expense, it is, therefore, the purpose of this
Article to effectuate regulation of the subject establishments in
order to protect the inhabitants and property of the village and maintain
peace and order therein.
[Amended 12-3-2005 by L.L. No. 6-2005]
As used in this Article, the following terms
shall have the meanings indicated:
A cabaret, place of public resort, accommodation, assemblage,
entertainment or amusement where refreshments of any kind are served
for gain or profit or where dancing and entertainment are given or
permitted in connection therewith or where music is provided for dancing
or entertainment.
Any store or location whose primary purpose is the sale of
food, canned goods and/or prepared foods or beverages for consumption
off the premises. This shall include, but not be limited to, all food
markets, delis, ice cream parlors and candy stores.
Includes every buffet, lunchroom, grillroom, lunch counter,
dining room of hotel and every other public place where food or beverages
are served, sold and consumed on the premises.
[Amended 12-3-2005 by L.L. No. 6-2005]
No person shall conduct, manage or operate a
dining and dancing establishment, market/specialty food store or restaurant
within the Village of Ocean Beach (to the extent that such establishments
are permitted by this chapter and the Zoning Law[1]) without first having obtained a license therefor issued
by the Village Clerk after the approval thereof by the Board of Trustees
of the Village. All applications for licenses shall be made upon forms
provided by the Village Clerk. This article shall not be construed
as permitting the erection or use of a structure or structures or
the reconstruction or alteration thereof in violation of the Zoning
Law of the Incorporated Village of Ocean Beach.[2]
A.
Any person otherwise entitled under the Zoning Law
of the Village of Ocean Beach[1] and desiring to procure a dining and dancing establishment,
market/specialty food store or restaurant license shall make application
therefor to the Board of Trustees of the Village of Ocean Beach, upon
a form to be furnished by said Board, which shall be substantially
as follows:
[Amended 12-3-2005 by L.L. No. 6-2005]
|
Board of Trustees, Village of Ocean Beach Application
No.
| |
|
Application for dining and dancing establishment,
market/specialty food store or restaurant license.
| |
|
1.
|
Name and address of applicant
|
|
2.
|
State whether individual, partnership or corporation
|
|
3.
|
If partnership, state names and addresses of
all persons having an interest in the business
|
|
4.
|
If corporation, state names and addresses of
its officers
|
|
5.
|
If a corporation, give the names and addresses
of each stockholder, together with the number of shares of capital
stock held by each
|
|
6.
|
Location of establishment
|
|
7.
|
The names, addresses and social security number
of each employee employed or to be employed prior to his employment
by the establishment as provided by each said employee
|
|
Dated _______________, 20 ____.
State of New York)
: ss.:
County of Suffolk)
| |
|
______________________ being duly sworn, deposes
and says: I am the above-named applicant and make this affidavit for
the purpose of obtaining from the Village of Ocean Beach a license
to operate a dining and dancing establishment, market/specialty food
store or restaurant as provided in a law relating to and regulating
dining and dancing establishments and restaurants, providing for the
licensing thereof, regulating the conduct of persons therein, defining
offenses and providing penalties for the violation thereof. I have
personal knowledge of the matters stated in the foregoing application
and the statements therein contained are true.
| |
|
Sworn to before me this
______ day of __________________ 20 ____
Notary Public, Suffolk County
| |
B.
The said application shall be signed and duly verified
by the applicant before an officer authorized to administer oaths.
No such application shall be granted to conduct such dining and dancing
establishment, market/specialty food store or restaurant on premises
which do not conform to the requirements of this Article and all laws
and regulations of the State of New York and all laws and regulations
of the Village of Ocean Beach.
[Amended 12-3-2005 by L.L. No. 6-2005]
C.
During the year 1979 such application shall be made
within 60 days of the adoption of this Article.
D.
Information contained in the application shall be
supplemented within 10 days if any changes occur with respect to the
information therein contained. Information concerning new employees
shall be supplied within 10 days after the commencement of their employment.
E.
Renewal of an application for a license shall be made
on an application indicating only changes from any prior application.
The Board of Trustees, upon presentation of
such application and before acting upon the same, shall refer such
application to the Building Inspector and the Chief of the Fire Department
for full investigation as to compliance with this Article and as to
any or all other matters which might tend to aid said Board of Trustees
in determining whether or not such application should be granted.
The Building Inspector and the Chief of the Fire Department shall,
within 20 days after any application has been referred to them, furnish
a written report to the Board of Trustees and to the applicant, containing
the result of their investigation and any recommendations with respect
thereto. The Board shall pass upon the application within 20 days
thereafter.
[Amended 4-26-1986 by L.L. No. 2-1986; 3-8-1997 by L.L. No. 2-1997; 12-3-2005 by L.L. No. 6-2005; 9-16-2017 by L.L. No. 3-2017]
A.
To cover the administration costs to the Village and other Village
expenses that are attributable to the existence and operation of the
licensed establishment, the license fee per annum for a dining and
dancing establishment, market/specialty food store or restaurant shall
be at amounts set by a duly adopted resolution of the Village Board
of Trustees. Such fees may be modified, from time to time, by a duly
adopted resolution of the Village Board of Trustees.
B.
All such licenses, without regard to the date when issued, shall
be for a period commencing January 1 in each year and expiring December
31 of the same year. Such license shall not be transferable and shall
not authorize the person to whom it is granted to conduct a dining
and dancing establishment, market/specialty food store or restaurant
at any location other than that specified herein.
A.
The Board of Trustees reserves unto itself the power
to revoke any license issued under the provisions of this Article
at any time:
(1)
Where the same was procured by fraud or false representations
of fact;
(2)
For the violation of or failure to comply with any
of the provisions of this Article;
B.
At least seven days before revoking any license, the Board of Trustees shall cause to be made to the holder of the license at the address at which his dining and dancing establishment, market/specialty food store or restaurant is being conducted a notice stating the time and place of a hearing concerning the revocation, at which the licensee shall be entitled to be heard and to introduce testimony of witnesses. After a hearing by the Board, but before any final order of revocation, the licensee shall be given a reasonable opportunity to take steps to correct the cause of the proposed revocation by reason of any such revocation arising under Subsection A(2) or (3) above.
[Amended 12-3-2005 by L.L. No. 6-2005]
[Amended 12-3-2005 by L.L. No. 6-2005]
A.
All dining and dancing establishments, markets/specialty
food stores or restaurants shall comply with all building codes and
all regulations relating to fire prevention; and each applicant shall,
by making application for a license hereunder, consent to an inspection
by the Building Inspector or his designated agent on an annual basis
or whenever there is probable cause to believe a violation of this
section has occurred.
B.
All dining and dancing establishments, markets/specialty
food stores or restaurants shall comply with all rules and regulations
of the Suffolk County Health Department; and each applicant shall,
by making application for a license hereunder, consent to an inspection
by any official of the Suffolk County Health Department.
C.
No dining and dancing establishment or restaurant
shall be open for business between the hours of 4:00 a.m. and 6:00
a.m. on all days.
D.
The Board of Trustees may, from time to time, at a
public meeting upon seven days' notice published in the official newspaper
of the village, establish hours during which entertainment may be
provided or during which music for dancing may be permitted.[1]
[1]
Editor's Note: The Board of Trustees provided
that effective July 26, 1979, entertainment may be provided and music
for dancing will be permitted until 3:00 a.m.
E.
All restaurants shall conspicuously display instructions
on first-aid treatment to choking victims. Said instruction shall
include the Heimlich Maneuver.
F.
It shall be the responsibility of the person operating
a dining and dancing establishment, market/specialty food store or
restaurant hereunder to make reasonable efforts to ensure compliance
with the laws of the village relating to noise and peace and good
order.
[Amended 12-3-2005 by L.L. No. 6-2005]
Every permit issued under this Article shall at all times be kept on the premises and displayed in a conspicuous public place therein and shall be framed or otherwise protected against dust, dirt and the action of the elements and shall at all times be subject to the inspection of any officer, inspector or representative of the Board of Trustees of the Village of Ocean Beach in accordance with § 106-29 hereof.
