The Common Council of the City of Oneonta has determined that there exists a potentially significant hazard to the health, safety, and welfare of the residents of the City from fire hazards and over-occupancy related to the occupancy of bars, cabarets, and nightclubs within the City. Such damages may include personal injury and loss of human life, and the destruction or loss of private and public property. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.
This chapter shall be known as the "Bars, Cabarets And Nightclubs Law."
As used in this chapter, the following terms shall have the meanings indicated:
- An establishment primarily engaged in the sale and service of alcoholic beverages for on-premises consumption during any period of the day as permitted by law. Such an establishment is subject to the regulatory authority of the New York State Liquor Authority. The incidental sale or provision of food or snacks shall not entitle such a use to be considered a restaurant under other provisions of this code. The hours of operation of this type of establishment may exceed the normal operating hours of a restaurant or similar establishment. Synonyms: tavern, saloon, barroom, inn, pub, watering hole, drinking hole, gin mill, tap room. The permanent or temporary removal or relocation of tables and chairs from a restaurant to permit operation as a bar shall constitute the creation of a bar. The permanent or temporary discontinuance of entertainment in a cabaret or nightclub, without change to a restaurant, shall constitute the creation of a bar.
- CABARET or NIGHTCLUB
- Any room, space, or premises operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served subject to the regulatory authority of the New York State Liquor Authority, and where the provision of entertainment is the primary activity. Entertainment includes music by a live musician or musicians, or any mechanical, electronic, or other means such as records, laserdiscs, audio, video, or other audio or audio-visual means, including operation as a motion-picture theatre; acting, play performances, theatre performances, dinner theatre, burlesque shows, revue pantomime, scene, dance, act, or song-and-dance act participated in by one or more employees, guests, customers, or other person or persons; or dancing by guests, customers, or any other person or persons. Background music, provided in accord with the City's noise ordinance regulations, shall not be considered as a form of entertainment. Synonyms: club, nightspot, disco, social establishment, dinner theatre. The permanent or temporary removal or relocation of tables and chairs from a restaurant to permit operation as a cabaret or nightclub shall constitute the creation of a cabaret or nightclub. The permanent or temporary discontinuance of entertainment in a cabaret or nightclub, without change to a restaurant, shall constitute the creation of a bar.
- MAXIMUM PERMITTED OCCUPANCY
- The maximum number of persons allowed in an assembly structure or portion thereof as determined by the City of Oneonta Code Enforcement Officer.
This chapter is applicable to all bars, cabarets and nightclubs.