City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady 5-7-1979 by Ord. No. 79-23A; amended in its entirety 5-9-1983 by Ord. No. 83-26. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Bingo and games of chance — See Ch. 135.
Dances and dance halls — See Ch. 142.

§ 128-1 License required; display.

A. 
It is unlawful for a person having charge or control of real property in the city, either as owner, lessee, agent or otherwise, to use or allow a person to use such property for the purpose of operating a public amusement as defined in this chapter without first obtaining a license as provided by this chapter.
B. 
The license shall be framed and conspicuously displayed in a manner so as to allow any person to view the same and shall not be removed from said location during the valid period of the license.

§ 128-2 Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated:
ELECTRONIC GAME ESTABLISHMENT
A room or place used principally for that purpose operated for profit.
PUBLIC AMUSEMENT ESTABLISHMENT
One that offers to the public entertainment or a means of entertainment, whether or not a fee is charged. Entertainment includes dancing, electronic and table games, motion pictures, theatrical and any other performance or exhibition designed to entertain the public, but does not include incidental entertainment in the form of recorded music, television reception or electronic, table or wall games offered by a New York State liquor-licensed establishment primarily engaged in providing food or drink to the public for on-premises consumption, or in the case of any other business or commercial enterprise, incidental entertainment consisting of recorded music and/or television reception or up to but not more than three electronic, table or wall games provided for entertainment to business patrons.
[Amended 9-13-2004 by Ord. No. 2004-7]

§ 128-3 Issuance of license; fees; expiration.

[Amended 7-14-1986 by Ord. No. 86-47; 11-30-1987 by Ord. No. 87-75; 3-18-1991 by Ord. No. 91-11; 4-12-1999 by Ord. No. 99-05; 1-13-2003 by Ord. No. 1003-1; 4-11-2011 by Ord. No. 2011-09]
A license for operating a public amusement will be granted by the office of the Building Inspector upon compliance with the requirements of this chapter and payment of the appropriate license fee as set forth below. All licenses shall expire on the 31st day of December of each year, except as otherwise provided herein.
A. 
Places of regular entertainment.
(1) 
For each place of regular entertainment, i.e., band, singer, dancing, etc.: $150 per annum or any part of a year.
(2) 
For each theater or each projector of film entertainment: $200 per annum or any part of a year, plus $25 for each 50 seats or a fraction thereof exceeding 100 seats.
(3) 
For each commercial amusement location that offers the public entertainment that includes electronic and table games, wall games, etc.: $200 per annum or any part of a year, plus $10 per annum for each such game exceeding two.
B. 
Transient performances. For stage performances not given in a regularly licensed theater or auditorium, except where given for a religious or charitable purpose: $75 for a day, $150 for a week or $250 for a month.
C. 
Circus, caravan or menagerie. For each circus, caravan, carnival, menagerie or outdoor show or exhibition: $150 for each day the show is open to the public, except where given for a religious or charitable purpose.
D. 
Waiver of fee. A not-for-profit corporation or organization owning or operating a theater, auditorium or other place of regular entertainment may request and will receive a waiver of the fee for a place of regular entertainment. If such corporation or organization receives a waiver of the fee and during the year rents its place of entertainment to a profit-making organization, that organization must obtain a license for transient performances. For the purposes of this subsection, a not-for-profit corporation or organization that has regularly performed in the City at least four times per year for the previous five years shall be considered eligible to receive a waiver.

§ 128-4 Suspension or revocation of license.

A. 
The Office of Consumer Protection may, in its discretion, after notice to the licensee and an opportunity for a prompt hearing before the Director of Consumer Protection, suspend or revoke a license granted under this chapter if the licensed premises is permitted to become disorderly or to sell, barter, furnish or to possess in such licensed establishment any intoxicating beverages, unless licensed by the New York State Liquor Authority, or to have or permit on the premises any drugs or any appliances for administering the same or to permit any gambling; or if the Chief of the Department of Fire or of the Department of Police determines that the licensed premises constitute a menace to the health, safety or general welfare of the public.
B. 
Notice to the licensee by personal service or by registered mail at the address set forth on his application is sufficient for the purpose of this section.
C. 
Failure of a licensee to allow unimpeded and immediate access to the licensed premises during the regular business hours thereof to those authorized to make such inspections shall constitute grounds for immediate temporary suspension of any permit or license granted under this chapter. In the event that a license is suspended under this section, a hearing shall be held for consideration of Permanent suspension, on notice, within five business days.
[Added 2-12-1996 by Ord. No. 96-07]

§ 128-5 Use of public property.

Except as permitted in writing by the Mayor, it is unlawful to hold an outdoor show or exhibition in public streets or upon city-owned property.

§ 128-6 Building and operation requirements.

A. 
Structure regulations.
[Amended 6-2-1986 by L.L. No. 3-1986; 5-30-1989 by Ord. No. 89-49]
(1) 
Each theater, hall or auditorium used for public amusement must be constructed so as to facilitate egress and to afford requisite and proper accommodation for the protection of the public in case of fire or accident, and an adequate number of receptacles shall be provided for the disposal of smoking matter. Each aisle in a building devoted to public gatherings must be kept free from camp stools, chairs, sofas and other obstructions during assemblage.
(2) 
Every such establishment, as defined in § 264-91 of the Code of Ordinances, which contains booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, shall not be permitted unless such booths, stalls, partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment. The standards as set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses.
B. 
The owner, lessee or person operating each theater, auditorium, hall or other place of public assemblage shall keep the premises in a clean, sanitary condition, shall provide separate rest room facilities for males and females, shall provide sufficient means of ventilating each room and shall maintain proper degrees of temperature and humidity in each room. The temperature of such rooms, when used for public assemblage, must be maintained at not less than 60º F. during the winter months.
C. 
The owner, lessee or person operating each electronic game establishment must, in addition to § 128-6B:
(1) 
Provide on-site supervision at all times of business by a person 18 years or older who shall ensure that it is operated in compliance with these regulations. Exceptions to this requirement may be granted by the Office of Consumer Protection upon receipt of written request.
(2) 
Permit premises to be inspected for approval by the designated Electrical Inspector.
(3) 
Cooperate fully with officers of the Bureau of Consumer Protection, Police Department, Fire Department and members of the Building Inspector's office.
(4) 
Cooperate with City officials to control loitering outside of the premises.
(5) 
Keep windows free from any material obstructions so as to permit visibility from the exterior by any enforcement agencies.
(6) 
Provide any such information as the Office of Consumer Protection may deem necessary.
D. 
The requirements of these provisions are in addition to any other requirements of law concerning buildings.

§ 128-7 Penalties for offenses.

A violation of any provision of this chapter shall be liable for the payment to the City of a civil penalty in the amount of $100 for each violation recoverable in a civil action or by a civil compromise after a hearing on the violation.

§ 128-8 Prohibited conduct; penalties.

[Added 9-9-1985 by Ord. No. 85-80A]
A. 
It shall be unlawful for any female person to appear, work, entertain, act or display herself in a public place or a place open to the public clothed or costumed in such a manner that a portion of her breast below the top of the areola is not covered with a fully opaque covering or in such a manner that the genitals, pubic area or buttocks are not covered with a fully opaque covering.
[Amended 8-14-2000 by Ord. No. 2000-7B]
B. 
It shall be unlawful for any male to appear, work, entertain, act or display himself in a public place or a place open to the public clothed or costumed in such a manner, that his genitals, pubic area or buttocks are not covered with a fully opaque covering.
[Amended 8-14-2000 by Ord. No. 2000-7B]
C. 
It shall be unlawful for any person to knowingly conduct, maintain, own, lease, manage, operate or furnish any public place or a place open to the public where a female or male person is not clothed, costumed or covered as required herein.
[Amended 8-14-2000 by Ord. No. 2000-7B]
D. 
Any person found guilty of violating any of the subsections of this section shall be guilty of a violation and shall be subject to a fine not to exceed $250 or by imprisonment not to exceed 15 days or by both such fine and imprisonment.

§ 128-9 Inspections.

[Added 2-12-1996 by Ord. No. 96-07]
Every licensed establishment as defined in § 128-2 of the Code of Ordinances shall permit inspections of the premises during the regular business hours of the licensee by the Schenectady Police Department and/or the Director of Consumer Protection and/or any other persons designated in writing by the Mayor.