[HISTORY: Adopted by the Board of Trustees of the Village of Russell Gardens 9-12-1935 as Ord. No. 14; amended in its entirety 6-26-1979 by L.L. No. 2-1979; see Ch. 1, General Provisions, Art. VI. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise and disturbance of the peace — See Ch. 30.
Zoning — See Ch. 60.
No person, firm or corporation shall, without a license applied for and issued as hereinafter provided, conduct, maintain or operate within the corporate limits of the Village of Russell Gardens a place for the giving of exhibitions, performances or entertainments, or for dancing, amusement or recreation, or for instruction of any kind, including but not limited to any athletic game or sport, to which the public may gain admission, either with or without the payment of a fee.
A. 
Application for such license shall be made, in triplicate, to the Village Clerk and shall contain the following information and supporting documentation:
(1) 
A specific designation or description of the property, accompanied by photos of the building premises and the portion thereof affected by said license, together with a brief description of the particular activity intended to be carried on in the premises.
(2) 
The name under which the particular activity is to be conducted.
(3) 
The name, address and business telephone number of the applicant and of persons interested, directly or indirectly, in said applicant. If the applicant is a corporation, the names and addresses of all of its officers and its general manager, and of all persons having a financial interest in the corporation and the extent of said interest, as expressed in cash invested and percentage of stock held, shall be given. If the applicant is a partnership, the names and addresses of all partners, general and limited, its general manager and of all persons having a financial interest in the partnership, as expressed in cash invested and percentage of partnership interest, shall be given.
(4) 
Whether a license has ever been held for the same or a similar amusement, business or activity by any of the persons described in preceding Subsection A(3), and whether such license has ever been denied, suspended or revoked, or any other adverse official action taken thereon. There shall be attached to the application a certified copy of such denial, suspension, revocation or other official disposition.
(5) 
A description and/or a sketch of the premises for which the license is requested, showing the general floor plan and facilities for parking, seating, entrances and exits, fire prevention and other such pertinent information as may be deemed necessary and as shall be in compliance with all pertinent rules, regulations and laws affecting such amusement activity or business promulgated by all governmental or municipal authorities or units thereof having jurisdiction in the premises, including but not limited to the Village of Russell Gardens.
B. 
No application shall be deemed properly filed with the Village Clerk unless it is accompanied by the required fee. Said fee is established in the Miscellaneous Fee Schedule adopted by resolution of the Board of Trustees. The fee paid shall be effective for a period of one year. A renewal application shall be accompanied by the payment of an additional fee as set forth in the fee schedule. The fee schedule may be amended from time to time by like resolution and shall be available in the office of the Village Clerk.
[Amended 12-5-2019 by L.L. No. 23-2019]
A. 
Upon receipt of the application and fee, the Village Board, or its designee, shall conduct an investigation in order to make a proper determination as to the advisability of issuing the license. Such investigation may include referral of the application to other governmental or municipal authorities or units thereof having jurisdiction in the premises.
B. 
The Building Inspector shall certify whether or not the premises and its intended use under this chapter conforms with the Village Zoning Ordinance.[1] the State Building Construction Code, the Village Building Code[2] and other pertinent rules and regulations of other governmental agencies having jurisdiction in the premises.
[1]
Editor's Note: See Ch. 60, Zoning.
[2]
Editor's Note: See Ch. 12, Building Construction.
C. 
Licenses governed by this chapter shall be issued and signed by the Mayor, with the prior approval of the Village Board, which said license shall be countersigned by the Village Clerk, provided that all applicable requirements have been complied with.
Applications may be rejected and licenses refused for the following causes:
A. 
Failure to comply with the requirements of this chapter.
B. 
Misrepresentation or materially false information contained in the application.
C. 
Prior conviction of the applicant or any of its principals for a crime involving moral turpitude.
D. 
Revocation or suspension of a prior license, similar to that for which application is now made, by any other governmental authority or unit.
E. 
Noncompliance with the laws, ordinances, rules or regulations of the state, county, village or any governmental authority or unit thereof having jurisdiction in the premises.
F. 
A recommendation of disapproval by any authority to whom the application is referred pursuant to § 5-3 above.
G. 
Nonconformity with applicable off-street parking rules and regulations.
A. 
Each license issued shall expire one year after it shall be dated and take effect, unless sooner suspended or revoked as hereinafter set forth. The Village Clerk shall keep a record of the licenses issued, the date of issuance and the aforesaid fee paid therefor.
B. 
Licenses may be renewed, on a year-to-year basis, upon payment of the prescribed fee and the applicant's certified statement that no material changes have occurred in the original application, and if such changes have so occurred, a brief description thereof shall be submitted. The license may be renewed by an informal finding by the Village Board that the premises have been operated pursuant to the applicable provisions of this chapter since the issuance of the original license.
The Village Board, upon due and prior notice in writing to any applicant or licensee, may reject, suspend or revoke such application or license upon the specifically mentioned grounds set forth in said notice, but only after a hearing before the Village Board upon due and reasonable notice, at which hearing the licensee or applicant may be represented by counsel. Minutes need not be taken and transcribed for or at such hearing unless requested by the applicant and/or licensee and unless payment is made by such applicant or licensee of the reasonable estimated cost of such minutes, as determined by the Board, before such hearing.
No licensed premises shall operate or function between the hours of 1:00 a.m. and 8:00 a.m.
Nothing herein contained shall affect, limit or curtail the right of any village resident in the Apartment District or residential districts, as defined in the Village Zoning Ordinance,[1]to utilize his own home for purposes permitted by law. No license shall be required for such home purpose, nor shall a license be required for the conduct of any activity which has as its objective the solicitation of funds, gifts or contributions for legally organized exempt charitable, religious or educational purposes, or for village purposes, or for the solicitation and the recreation and/or enjoyment of the membership of a village residential property owners' association incorporated under the Not-For-Profit Corporation Law or similar law.
[1]
Editor's Note: See Ch. 60, Zoning.
Any person committing an offense against any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, Penalties.