[HISTORY: Adopted by the City Council of the City of Lackawanna 9-7-1993 (Ch. 24 of the 1987 Code); amended 5-15-1995; 12-15-1997. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Volleyball Game Playing Ordinance" of the City of Lackawanna, New York.
The purpose of licensing volleyball playing in the City of Lackawanna is to regulate volleyball playing conducted in connection with the operation of a restaurant, and for protection of public health, welfare and safety. This chapter does not regulate casual volleyball playing at a private residence in the City.
[1]
Editor's Note: Amended at time of adoption of Code (see Chapter 1, General Provisions, Art. IV).
As used in this chapter, the following terms shall have the respective meanings indicated:
LICENSED AREA
The area occupied by the volleyball court, the spectator area, parking spaces, open spaces surrounding the volleyball court, and spaces on which fencing or lighting fixtures are located, as may be required. The licensed area shall adjoin the restaurant premises, except that all or part of the parking spaces required by this chapter may be located on the restaurant premises.
LICENSEE
Any person to whom a license has been issued pursuant to this chapter.
PERSON
An individual, partnership or corporation.
RESTAURANT
A place which is regularly and in a bona fide manner used and kept open for serving of meals or beverages to guests for compensation, including but not limited to any place licensed by the New York State Liquor Authority to sell beer, wine and liquor for on premises consumption.
RESTAURANT PREMISES
The premises normally occupied in connection with the operation of the restaurant, excluding the licensed area.
No person engaged in the restaurant business shall allow any volleyball game playing in or about the restaurant premises unless a license has been issued pursuant to this chapter. This license is not required for any casual volleyball playing at a private residence.
[1]
Editor's Note: Amended at time of adoption of Code (see Chapter 1, General Provisions, Art. IV).
Each applicant for a license to permit volleyball game playing under the provisions of this chapter shall file with the City Clerk a written application on a City form provided by the City Clerk, setting forth the following information:
A. 
The name, date of birth and address of the applicant, the address and description of the premises to be licensed, and the type of entity and character of business in which it is engaged.
B. 
The type of license held by the applicant if licensed by the State Liquor Authority and date of expiration of the license.
C. 
A diagram of the premises on plain paper, 8 1/2 inches by 11 inches, setting out all the buildings on the premises, parking area, volleyball court location, spectator area, fencing and lighting.
D. 
Each department designated above, in its review and determination, shall apply all pertinent rules, regulations, and ordinances of the City applicable to each case and such other information as may be required by the Lackawanna City Clerk.
A. 
Upon receiving an application for a license hereunder, the City Clerk shall refer the application to the Building Inspector and the Director of Public Safety for their respective inspections, approvals or disapprovals. Each such officer shall apply all pertinent rules and regulations. Each such officer shall report its determination to the City Clerk within 14 days of receipt of the application.
B. 
The approval of an application shall be subject to compliance with all pertinent laws, ordinances, rules, regulations and resolutions of the State of New York, County of Erie and City, including but not limited to the New York State Uniform Fire Prevention and Building Code, Zoning, and regulations set forth in § 219-7 of this chapter.
A. 
The licensee shall conspicuously display the license in the restaurant premises.
B. 
A licensee may not conduct or allow to be conducted on its premises any volleyball game playing in such a manner as to cause public inconvenience, annoyance or alarm or recklessly create a risk thereof, as provided for by § 240.20 of the Penal Law of the State of New York.
C. 
A licensee may not allow any volleyball game playing except during the months of May, June, July, August and September.
[Amended 4-21-2015]
D. 
A licensee may not allow volleyball game playing except between the hours of 12:00 noon and 10:00 p.m.
E. 
A licensee may not produce or allow lighting of the licensed area after 10:00 p.m.
F. 
A volleyball game playing court which adjoins or is adjacent to any residential property lot line must be separated from the residential lot by a seven-foot-high wooden fence erected pursuant to specifications of and in accordance with the Uniform Code.
G. 
No volleyball game playing court may be situated in any area which is located fewer than 15 feet away from any residential property lot line or such greater distance from any residential property line as the Building Inspector (or other designated officer) shall deem necessary under the particular circumstances.
H. 
The volleyball playing court must be situated on a lot having minimum dimensions of 50 feet by 100 feet, exclusive of any building located thereon.
I. 
The licensee shall provide an off-street parking area or areas to be located in the licensed area or on the restaurant premises, notwithstanding the provisions of § 230-36B of Chapter 230, Zoning. The parking area or areas shall provide parking spaces for not fewer than 20 automobiles in addition to the number of parking spaces required by Chapter 230 for use of the restaurant business.
J. 
The design, sizes and location of all lighting fixtures illuminating the volleyball playing area shall be subject to the prior written approval of the Building Inspector. The certificate of such approval shall be attached to the license required to be displayed under this chapter.
K. 
No alcohol beverages, as defined by § 3 of the New York State Alcoholic Beverage Control Law, may be sold, possessed or consumed by anyone on any part of the volleyball playing or spectator areas except with prior written approval of the New York State Liquor Authority.
The Building Inspector and code enforcement officers of the City and any member of the Department of Public Safety are hereby authorized to make the necessary inspections and to perform any of the duties required to enforce this chapter.
A. 
An application for an initial license or a license renewal may be denied by the City Clerk on the grounds that the applicant has previously allowed volleyball playing without being licensed pursuant to this chapter, or as previously licensed has conducted or permitted volleyball playing in violation of the provisions of § 219-7B of this chapter, or has otherwise demonstrated, on the basis of the prior conduct of the applicant, that the applicant would not be capable of managing volleyball game playing in a manner consistent with the public safety, good morals and general welfare of the community.
B. 
Any applicant who has been denied a license by the City Clerk may appeal the determination to the City Council. The City Council may affirm or reverse the determination of the City Clerk after according the applicant an opportunity to be heard.
The Director of Public Safety may revoke a license granted under this chapter on the ground that the licensee has violated any of the regulations set out in § 219-7 of this chapter, upon giving the licensee reasonable notice and an opportunity to be heard.
No license issued hereunder is to be used by or assigned to any person other than the licensee.
The license shall expire on December 31 of the year for which the license is granted.
The fee for a license required by this chapter shall be $150 for the year for which the license is granted or any part thereof.
Any person who violates any provisions of this chapter, upon conviction thereof, shall, in addition to the revocation of any license issued hereunder, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or both. A separate offense shall be deemed committed on each day during or in which a violation occurs or continues.