[HISTORY: Adopted by the Town Board of the
Town of East Hampton 7-19-2007 by L.L. No. 26-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 117, Dance Halls, adopted 12-2-1977 as Ch. 67 of the 1977
Code.
[Amended 11-5-2020 by L.L. No. 8-2020]
No person shall have, maintain or conduct, as owner, tenant, licensee or employee of any commercial establishment where live music is played and/or where a person plays existing recorded music for a live audience (a live DJ playing recorded music is only allowed pursuant to a music entertainment permit or a special event permit), indoors or outdoors, in the Town of East Hampton outside of an incorporated village without having first applied for and received a music entertainment permit pursuant to this chapter or a special event permit pursuant to Chapter 151, issued by the Town of East Hampton. When recorded music is otherwise played without a permit at a commercial establishment, such music shall be played not as the primary attraction or purpose for patrons to frequent such establishment, but rather shall provide background to enhance the other commercial use of such business. A live DJ playing recorded music is not considered background music.
The issuance of a music entertainment permit allows a restaurant, bar or tavern to play live music and/or allow a person to play existing recorded music for a live audience, with outdoor entertainment allowable no later than 9:00 p.m. No person shall have, maintain or conduct as owner, tenant, licensee or employee of any restaurant or bar/tavern where any type of music is played indoors or outdoors in the Town of East Hampton outside of an incorporated village without having first applied for and received a music entertainment permit issued by the Town of East Hampton. Said permit shall be issued by the Town Clerk on receipt of application and shall be valid for one calendar year unless or until suspended or revoked by the Town Board pursuant to § 117-60 herein. A music entertainment permit does not confer upon the establishment any additional use or accessory use, or expansion of an existing use or accessory use of the property, including but not limited to the use as a nightclub, dance hall or concert venue.
Applicants for a permit under this chapter must
file with the Town Clerk a sworn application in writing on a form
to be furnished by the Town Clerk, which application shall give the
following information:
A.
Name, address, Suffolk County Tax Map number and telephone
number of the establishment owner.
B.
The particular business for which the permit is requested.
C.
Whether the establishment or the owner(s) of the establishment have been convicted of any provision of this chapter, Chapter 185 ("Noise") or Chapter 141 ("Fire Prevention") when the provision of the New York State Uniform Fire Prevention and Building Code violated is of the New York State Fire Code Chapter 9 (Fire Protection Systems and Carbon Monoxide Detection Systems) or Chapter 10 (Means of Egress). The Town Clerk shall confer with the Town Attorney's office to verify the convictions, the period in which they occurred, and relation to the New York State Uniform Fire and Prevention Building Code Chapters 9 and 10.
[Amended 11-5-2020 by L.L. No. 8-2020]
D.
Any additional information the Town Clerk shall deem
necessary for the purpose of administering the provisions of this
chapter.
E.
Any change in circumstances with regard to the information
provided in the application or on the license shall be reported to
the Town Clerk within 30 days.
F.
Prior to the expiration of the permit, and no later than October
1, the Town Clerk shall send all permit holders a form to verify that
the information provided in the application is still accurate. Once
such completed form is returned the Town Clerk, the Town Clerk may
issue a new permit to the applicant if the applicant is still eligible
for a permit. Any permit holder who fails to return a completed form
before the expiration of the permit will need to make a new application
for a permit.
[Added 11-5-2020 by L.L.
No. 8-2020]
|
Applicants and permit holders are advised that any changes to
the floor and seating plan due to the inclusion of music entertainment
at their business must be filed with the Office of Fire Prevention
pursuant to Section 403.2.1 of the New York State Uniform Fire Prevention
and Building Code.
[Added 11-5-2020 by L.L.
No. 8-2020] |
A.
All music entertainment permits may be subject to
a permit fee, and the Town Board by resolution duly adopted, from
time to time, shall establish or amend such fee amount.
[Amended 11-5-2020 by L.L. No. 8-2020]
B.
A music entertainment permit shall be valid for one calendar year, and will be administratively renewed by the Town Clerk for additional permit years without application, but with a requirement of verification as provided in § 117-20F above.
[Amended 11-5-2020 by L.L. No. 8-2020]
C.
The permit year shall run from January 1 to December
31 of each calendar year.
D.
The Town Clerk shall keep a record of all permits
issued.
E.
Upon approval of an application, the Town Clerk shall
endorse on the application his or her approval and issue a music entertainment
permit to the applicant. The permit shall contain the following information:
[Amended 11-5-2020 by L.L. No. 8-2020]
F.
Any permit issued under the provisions of this chapter
shall be the property of the Town of East Hampton.
[Amended 11-5-2020 by L.L. No. 8-2020]
G.
All applicable rules and regulations in the Town Code
as they pertain to a music entertainment permit, restaurants, bars
and noise, as the same may from time to time be amended shall now
and at all times in the future be adhered to.
[Amended 11-5-2020 by L.L. No. 8-2020]
H.
If an applicant, either in the initial application or in the verification process, is an establishment or owner thereof, and has three or more convictions of the East Hampton Town Code, Chapter 117 (Music Entertainment Permit), Chapter 185 ("Noise") or Chapter 141 ("Fire Prevention") when the provision of the New York State Uniform Fire Prevention and Building Code violated is of the New York State Fire Code and the violation is related to: (1) failing to provide functioning, and/or failing to maintain, fire protection systems and/or carbon monoxide detection systems pursuant to Chapter 9 (Fire Protection Systems and Carbon Monoxide Detection Systems); and/or (2) related to overcrowding; and/or (3) failing to provide properly established, and or failing to maintain, means of egress pursuant to Chapter 10 (Means of Egress), for violations occurring within a single permit year, the Town Clerk does not have the authority to either issue or verify such permit, and must refer the matter to the Review Board pursuant to the provisions in § 117-60.
[Added 11-5-2020 by L.L.
No. 8-2020]
Every establishment issued a permit under this
chapter shall post the permit conspicuously within the establishment.
No permit issued under the provisions of this
chapter may be transferred or assigned from one owner to another owner
or from one establishment to another establishment.
[Amended 11-5-2020 by L.L. No. 8-2020]
A.
There is hereby established in and for the Town of East Hampton a Review Board consisting of the Chairmen of the Architectural and Design Review Board, Zoning Board of Appeals, and Planning Board. The Review Board is authorized to review and approve or disapprove all initial applications and verifications of existing permits that the Town Clerk does not have the authority to issue or verify pursuant to § 117-30H above. The Review Board shall meet only on an as-needed basis and shall not hold public hearings.
B.
Upon referral of an initial application or verification from the
Town Clerk, the Review Committee shall inform the applicant in writing
that they are reviewing the request, and give the applicant an opportunity
to be heard. The Review Board may also make inquiries of the Town
Attorney, Fire Marshal, Police Department and/or Code Enforcement
with regard to circumstances of the violations. In reviewing initial
applications and verifications, the Review Board shall consider the
severity of the convictions, the relevance to the establishment hosting
music entertainment, and any actions taken to avoid violations. The
Board may consider remedial actions taken, actions of third parties,
and any other relevant information.
C.
The permit holder will be notified of the determination of the Review Board, in writing, within 15 days of the determination. Such determination will remain on file in the office of the Town Clerk. The determinations of the Review Board shall be final but do not preclude an establishment or owner from applying for a permit the next permit year, subject to a new review by the Review Board at that time. Once the Review Board approves the issuance of a permit, the permit holder is eligible for verification by the Town Clerk so long as they do not subsequently receive three or more convictions as described in § 117-30H above.
D.
Should ownership of an establishment change after the issuance of
three convictions but prior to a final determination of the Review
Board with respect to those convictions, the new owner may only obtain
a music entertainment permit after review by the Review Board. Similarly,
all modifications and limitations of a permit as set forth by the
Review Board shall be binding on subsequent owners. However, an owner
may seek to remove any limitation or modification of a permit by request
to the Review Board.
A.
It shall be a violation of this chapter to play or
permit to be played any music in a bar/tavern or restaurant without
a music entertainment permit.
B.
It shall be a violation of this chapter to play or permit to be played any music in a bar/tavern or restaurant in violation of a permit that has been suspended pending judicial determination of summonses or in violation of the terms set forth by the Town Board after a hearing pursuant to § 117-60.
Any person found guilty of a violation of any
of the provisions of this local law shall, upon conviction, be deemed
guilty of an offense, which shall be punishable by a fine of not less
than $1,000, nor more than $5,000, or by imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment.
Should any section or provision of this local
law be decided by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the local law as a whole
or any part thereof other than that part so decided to be unconstitutional
or invalid.
