[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 3-2-1964 as Ch. 4, Art. I, of the 1964 Code of Ordinances. Amendments noted where applicable.]
No person owning, leasing, managing, occupying, conducting or operating any establishment within the village shall allow, permit or suffer any dancing, cabaret show or other exhibition, amusement, performance or entertainment therein.
[Amended 1-17-1972; 11-20-1978 by L.L. No. 23-1978]
Excluded from the provisions of § 122-1 hereof are religious, charitable and educational organizations where said performances are conducted on the premises normally used to conduct their religious, charitable and educational activities on a full-time basis. Also excluded from the provisions of § 122-1 hereof are restaurants, but only and expressly to the extent that such restaurants be limited to music by or from one live musician during the daily hours from 7:00 p.m. to 1:00 a.m. for the entertainment and amusement of its patrons and the general public and to music by or from more than one live musician but then only for private parties conducted or held within said restaurant and not for the entertainment and amusement of its general patrons and general public, and the sound of such music by more than one musician shall not be audible beyond or outside the subject restaurant and as further limited and subject to the following §§ 122-3 through 122-8, each which is to be explicitly complied with.
Editor's Note: Former Secs. 4-2, License required, 4-3, License application, 4-4, Waiver of fee, and 4-5, Certain amusements prohibited in residential zones, were repealed 11-7-1966.
No person shall maintain or operate a restaurant in which such music is held or conducted without first obtaining an annual license therefor or herein provided.
The Board of Trustees only is hereby empowered to issue such license, and such application shall give such details and particulars as shall be required by said Board of Trustees.
[Amended 1-17-1972 ]
Any license granted hereunder by the village pursuant to the foregoing shall cease and terminate at midnight of the 31st day of the month of May of the year and shall be renewable annually thereafter within 30 days prior to its expiration date.
[Amended 1-17-1972; 12-7-1992 by L.L. No. 11-1992]
The annual license fee shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting. Said fee shall be paid before such license is issued and shall cover only one restaurant within the village. Any person maintaining or operating more than one restaurant within the village shall obtain a separate annual license fee for each such place. Said fee or any portion thereof when paid shall not be refundable for any reason whatsoever.
Editor's Note: The fee schedule is on file in the village offices.
A permit issued or granted as herein set forth may be revoked at any time by the Board of Trustees of this village for good cause shown at an open meeting before said Board. Pending the hearing referred to and the final determination, the Board of Trustees shall have the right, in its sole and absolute discretion, to suspend the permit herein referred to.
Any person or firm as owner, manager or operator who shall permit the playing of music in any restaurant within the village without obtaining a permit as herein provided or in violation of any part or portion of this section shall be subject to the penalties as provided in § 122-9.