No person shall conduct or engage in any of
the following trades or occupations unless such person shall have
obtained previously a special license therefor, for which the fee
shall be as hereinafter specified:
A.
Running a restaurant, eating place or similar place
for the sale for consumption on the premises of alcoholic beverages.
B.
Public exhibitions of any kind or places of amusement.
C.
Places for the giving of performance or entertainment
of any kind, including dancing, singing or dramatic plays, or places
in which mechanically operated amusement devices are maintained.
D.
Dance halls, cabarets or places in which dancing is
an incidental use or activity.
[Amended 6-11-1992 by L.L. No. 4-1992]
Application for a special license shall be made to the licensing officer of the Incorporated Village of Port Jefferson on forms prescribed by said licensing officer. The licensing officer shall issue said license to such persons as he shall deem fit and proper. The licensing officer shall refuse such license for any trade or occupation specified in § 85-8C which in his judgment shall be likely to disturb the peace and order of the Incorporated Village of Port Jefferson or be immoral or improper. Any applicant who shall have been refused such license by the licensing officer may appeal to the Zoning Board of Appeals. The licensing officer may suspend any such license until the next regular or special meeting of the Board of Trustees, and thereupon said license may be revoked or continued by the Board of Trustees.
[Amended 6-11-1992 by L.L. No. 4-1992]
Any license issued hereunder shall run for a
specified period following the date thereof unless sooner revoked.
Any license issued pursuant to this article may be revoked by the
licensing officer or by the Board of Trustees, after due notice to
the person affected by such revocation and an opportunity afforded
him to be heard, for any of the following reasons:
A.
Fraud or misrepresentation in the application for
the license;
B.
Conviction of the licensee of any crime;
C.
Conducting or engaging in the licensed trade or occupation
in an unlawful manner or in a manner which disturbs or is likely to
disturb the peace and order of the Incorporated Village of Port Jefferson;
or
D.
Any assignment or transfer of the license to another
person.
[Amended 7-12-1981 by L.L. No. 4-1981; 11-5-1986 by L.L. No. 8-1986; 1-13-2003 by L.L. No.
1-2003; 4-6-2020 by L.L. No. 7-2020]
The fee for the special licenses provided for
in this article shall be as follows:
A.
Restaurant, standard: $250 per year.
B.
Restaurant, take-out: $100 per year.
C.
Places for the giving of performances, exhibitions
or entertainment of any kind, including live music, dancing, singing,
dramatic plays, dance halls, cabarets and/or places in which dancing
is an incidental use or activity: $200 per year.
D.
Places in which manual or automatically operated electronic,
mechanical or computerized amusement devices are maintained: $100
per year.
E.
If more than one of the above-described activities
takes place on the same premises, then a combined fee for all such
activities shall be due.
A.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson. In addition to such fine, the defendant shall pay all costs and expenses incurred by the Incorporated Village of Port Jefferson in determining such violation.
[Amended 7-22-1981 by L.L. No. 4-1981; 6-11-1992 by L.L. No. 4-1992; 1-5-2015 by L.L. No. 1-2015]
B.
In case any trade or occupation is conducted or engaged
in violation of the provisions of this article, the Board of Trustees,
in addition to other remedies provided by law, may take any other
appropriate action or institute any proceeding to prevent the unlawful
continuance of such trade or occupation and to restrain, correct or
abate such violation.[1]
[1]
Editor's Note: Original § 35-10C;
which provided that violations of this article constitute disorderly
conduct, and which immediately followed this subsection, was repealed
6-11-1992 by L.L. No. 4-1992.
