All persons operating premises in the Town,
excluding the Incorporated Village of Woodridge, having a license
issued by the New York State Liquor Authority for on-premises consumption
of alcoholic beverages, are prohibited from having live entertainment
in that portion of the premises where any alcoholic beverages are
sold or consumed without first obtaining a permit to have live entertainment
from the Code Enforcement Officer, except as hereinafter provided.
"Live entertainment," as used in this article,
shall mean any entertainment which is furnished other than by a mechanical
device, such as a jukebox, radio or television set.
Applications for a permit for live entertainment
will be made on a form furnished to the applicant at no charge, at
the office of the Town Clerk. There will be no fee or charge. A permit
may be applied for at any time.
The permit, when issued, will be for the calendar
year in which issued and must be annually renewed upon proper application.
Permits will be issued to those premises that
comply with the laws and rules and/or the safety provisions prescribed
by the Labor Department of the State of New York and which comply
with the Building Code and Zoning Laws of the Town.
All premises in the Town that have been issued
permits and/or certificates of occupancy by the Labor Department of
the State of New York shall not be required to apply for a permit
under this chapter.
Premises that do not come under the jurisdiction
of the Labor Department of the State of New York which do comply with
the Building Code and Zoning Law of the Town will be issued a permit
and occupancy will be limited, using the same standard per person
per square foot as required by the Labor Department of the State of
New York for buildings under its jurisdiction.
All permits will be required to be posted in
a conspicuous place in the premises for which issued.
Any applicant who shall be denied a permit under
this chapter shall be entitled to a hearing before the Town Board,
to be held within 10 days after the permit is denied. Application
for a hearing shall be made in writing, addressed to the Town Board,
Town Hall, South Fallsburg, New York, and must be made within five
days after the permit is denied. Only one application for a permit
can be made in any calendar year, unless the area of the premises
of an applicant has been enlarged after a permit has been denied.
An application for a permit may be granted only
by a vote of the majority of the full Town Board. The grounds for
denial of a permit shall be stated in writing and notice of the denial
shall be given in writing to the applicant which shall be signed by
the Town Clerk on behalf of the Town Board.
All of the provisions of Article I of this chapter shall apply to the issuance and revocation of permits for live entertainment except where inconsistent with this article.
