No person, unless licensed as hereinafter provided, shall operate or
be permitted to operate any motion-picture apparatus, or any connections thereof
in any motion-picture theater, open-air motion-picture theater or other place
where motion pictures are exhibited in the Village of Port Chester, to which
the public is admitted with or without charge of admission. This chapter shall
not affect toy machines or small projectors which use sixteen-millimeter or
nonflammable film and have a light source consisting of an incandescent lamp
of a size not exceeding 1,000 watts.
[Amended 11-3-1997 by L.L. No. 17-1997]
Any person 21 years of age or over desiring to act as a motion-picture operator in the Village of Port Chester shall make application for a license as such to the Village Clerk and pay a fee as set forth in Chapter 175, Fees, for which a receipt shall be given, and said Clerk shall furnish to such applicant a blank form of application, which form said applicant shall fill out and file with the Clerk, who shall forward the same to the Board of Examiners hereinafter described. The said blank form shall require the following information:
A.
Name of applicant.
B.
Residence of applicant.
C.
Place of birth and date of birth.
D.
Whether previous application has ever been made and disposition
thereof.
E.
Applicant's experience including a list of theaters
where applicant has operated motion-picture machines and their connections.
F.
A submission by applicant to be fingerprinted by the
Port Chester Police Department, a copy of which fingerprinting is to be attached
to the application.
G.
A statement that if certificate of fitness is issued,
all laws and rules and regulations of the Fire Department and Board of Examiners
shall be observed by the applicant.
The provisions of § 298-10 shall not apply to operators of motion-picture machines who are employees of the Board of Education within the limits of the Village of Port Chester, nor shall it apply to employees of churches, community centers and the Y.M.C.A. in said village. The employees of the institutions and organizations herein mentioned shall be licensed upon an application as herein provided after an approval thereof by the Board of Trustees of said Village of Port Chester at any regular or special meeting and such person so licensed is exempt from the payment of application or license fees.
Each applicant shall be given a written and oral examination by the
Board of Examiners, which Board of Examiners is hereby established, consisting
of Chief of the Bureau of Fire Prevention and two other members to be appointed
by the Board of Trustees, one of whom shall be a motion-picture operator residing
in the Village of Port Chester and having had at least five years' experience
in the operation of motion-picture apparatus and the other a duly licensed
practical electrician, and both of whom shall have been active in their respective
callings for a period of five years. The Chief of the Bureau of Fire Prevention
shall receive no additional compensation for the services herein required.
The Board of Examiners shall make rules and regulations governing the examination
of applicants and the issuance of license certificates. Such rules and regulations
shall first be approved by the Board of Trustees before adoption by the Board
of Examiners.
[Amended 11-3-1997 by L.L. No. 17-1997]
If on such examination the applicant is found to be competent to operate motion-picture apparatus and its connections, the Board of Examiners shall so report to the Board of Trustees and the Board of Trustees shall thereupon by resolution grant to the applicant the license herein provided for. Thereupon, the Chief of the Bureau of Fire Prevention shall deliver to such successful applicant a certificate of fitness, which shall be presented to the Village Clerk, who shall, after the applicant shall have paid a fee for such license as set forth in Chapter 175, Fees, issue to such applicant a license setting forth that the person named therein is duly authorized to operate motion-picture apparatus and its connections in the Village of Port Chester, and such certificate of fitness shall be filed with the Village Clerk. Any applicant who has been examined and whose application has been denied may appeal the decision of the Board of Examiners to the Board of Trustees and the Board of Trustees may thereupon inquire into said examination and if, after such inquiry, the Board of Trustees shall determine that the applicant should have had issued to him a license, they may, by resolution, grant the same to him, or they may approve the recommendation of the Board of Examiners denying a license to the applicant.
The license shall be displayed in a conspicuous place in the room in
which the licensee operates motion-picture machines and connections.
[Amended 11-3-1997 by L.L. No. 17-1997]
Every license shall expire on the first day of January next after the date of issue thereof. Application for the renewal of a motion-picture operator's license must be made within 30 days prior to the expiration of the existing license to the Village Clerk upon payment of a fee as set forth in Chapter 175, Fees, for which a receipt shall be given, which application shall thereupon be presented to the Chief of the Bureau of Fire Prevention for his approval. Unless valid reasons exist for withholding a renewal, the Chief of the Bureau of Fire Prevention shall issue a certificate of renewal to the applicant, which certificate shall thereupon be presented to the Village Clerk who shall issue to such applicant a renewal license setting forth that the person named therein is duly authorized to operate motion-picture apparatus and its connections in the Village of Port Chester.
In all motion-picture theaters, places of amusement and other public
places where motion-picture machines are used for the projection of motion
pictures and to which the public is admitted with or without charge for such
admission, there shall be not less than one duly licensed motion-picture operator
on duty for each projection machine used or operated therein. It shall be
unlawful for any person or corporation, whether an owner, lessee, proprietor,
manager, agent or representative in any capacity, having charge of such motion-picture
theater, place of amusement or other public place where motion-picture machines
are used for the projection of motion pictures, to permit motion-picture projection
machines to be operated without having on duty not less than one duly licensed
motion-picture operator for each such projection machine at any performance.
[Amended 11-3-1997 by L.L. No. 17-1997]
Any holder of a bona fide license issued by a municipality outside of the Village of Port Chester may deposit a certified copy of such license with the Village Clerk of the Village of Port Chester and may thereafter at any time during the period of such license receive a license from the Village Clerk upon the payment of a fee as set forth in Chapter 175, Fees, provided that the municipality issuing his license recognizes, in a reciprocal manner, licenses issued by the Village Clerk of the Village of Port Chester to motion-picture operators, and provided further that such motion-picture operators shall be subject to all provisions of this chapter.
Any person violating the provisions of this chapter or any part thereof
shall be liable for and forfeit a penalty not exceeding $100 for each offense.
And in addition thereto said violation shall constitute disorderly conduct
and the person violating the same shall be a disorderly person.
