[HISTORY: Adopted by the Board of Trustees of the Village
of Port Chester 6-1-2009 by L.L. No. 6-2009. Amendments noted where
applicable.]
GENERAL REFERENCES
Building Code administration and enforcement — See Ch. 151.
Dance halls and cabarets — See Ch. 165.
Fees — See Ch. 175.
Licensed occupations — See Ch. 206.
Nuisances — See Ch. 229.
Public decency — See Ch. 245A.
Restaurant ancillary entertainment licensing — See Ch. 250.
Signs and billboards — See Ch. 272.
Zoning — See Ch. 345.
The purpose of this chapter is to establish licensing requirements
and operational regulations for catering and events establishments,
to protect the health, safety and welfare of the community and to
provide demarcation between establishments that are leased or hired
out for private events and establishments where events are open to
the general public.
For the purposes of this chapter, the following words shall
have the following meanings:
Any nonresidential room, place or space in the Village where
food and beverages are available for consumption, that is regularly
leased or hired out for a particular function, occasion or event to
which the general public is not invited or admitted and wherein music
or entertainment is provided.
Any person who performs any service on the premises of a
catering and events establishment on a full-time, part-time or contract
basis, regardless of whether the person is denominated an employee,
independent contractor, agent or otherwise. "Employee" does not include
a person exclusively on the premises for repair or maintenance of
the premises or for the delivery of goods to the premises. "Employee"
does include any security guard employed by a catering and events
establishment or whose services are performed on the premises of a
catering and events establishment.
An attorney, not employed by the Village other than as a
hearing officer, who is licensed to practice law in the State of New
York and is retained to serve as an independent tribunal to conduct
hearings under this chapter.
The actual power to operate the catering and events establishment
or control the operation, management or policies of the catering and
events establishment or legal entity which operates the catering and
events establishment;
Ownership of a financial interest of 30% or more of the catering
and events establishment or of any class of voting securities of the
catering and events establishment; or
Holding an office (e.g., president, vice president, secretary,
treasurer, managing member, managing director, etc.) in a legal entity
which operates the catering and events establishment.
A person in whose name a license to operate a catering and
events establishment has been issued, as well as the individual or
individuals listed as an applicant on the application for a catering
and events establishment license.
A person on the premises of the catering and events establishment
who is authorized to exercise, or who in fact exercises, control of
the business premises. A person may be a manager regardless of whether
that person is an owner of the business or a licensee under this chapter.
A public highway, road, street, avenue, alley, driveway,
path, sidewalk, roadway or any other public place or public way.
Real property, including but not limited to buildings, grounds,
offices and dwelling units, from which sound levels from sound sources
outside such property may be measured. For the purposes of this definition,
individual offices or dwelling units within a building may constitute
a receiving property.
The consistent and repeated doing of an act on an ongoing
basis.
Any of the following offenses, for which less than five years
have elapsed since the date of conviction of a felony or the date
of release from confinement for the conviction of a felony, whichever
is the later date, or for which less than two years have elapsed since
the date of conviction of a misdemeanor or the date of release from
confinement for the conviction of a misdemeanor, whichever is the
later date:
An offense within §§ 120.00 through and including
120.12 of the Penal Law relating to assault;
An offense within Article 200 of the Penal Law relating to bribery
involving public servants;
An offense within Article 210 of the Penal Law relating to perjury;
An offense within Article 220 of the Penal Law relating to controlled
substances;
An offense within Article 221 of the Penal Law relating to marihuana;
An offense within Article 225 of the Penal Law relating to gambling;
An offense within Article 230 of the Penal Law relating to prostitution;
An offense within Article 245 of the Penal Law relating to offenses
against public sensibilities;
An offense within §§ 260.20 and 260.21 of the
Penal Law relating to unlawfully dealing with a child;
An offense within Article 460 of the Penal Law relating to enterprise
corruption;
An offense within Article 470 of the Penal Law relating to money
laundering;
Any other crime committed in violation of the laws of any other
jurisdiction which if committed in this state would constitute one
of the foregoing offenses;
Any offense which is a misdemeanor or felony involving the catering
and events establishment premises.
A.
It shall be unlawful for any person to conduct, maintain or operate,
or engage in the business of conducting, maintaining or operating,
a catering and events establishment without a valid catering and events
establishment license.
B.
An applicant for a catering and events establishment license shall
file at the office of the Village Clerk a complete application made
on a form provided by the Village Clerk. If an individual seeks a
catering and events establishment license, he or she shall sign and
certify the application for a license as applicant. If a person who
seeks a catering and events establishment license is other than an
individual, each person with an influential interest in the catering
and events establishment or in a legal entity that controls the catering
and events establishment shall sign and certify the application as
applicant. Each applicant must be qualified under this chapter and
each applicant shall be considered a licensee if a license is granted.
C.
An application for a catering and events establishment license shall
be considered complete when it is notarized and contains, for each
person required to sign the application, the information and/or items
required in this subsection accompanied by the appropriate licensing
fee:
(1)
The applicant's full legal name and any other names used by
the applicant in the preceding five years. The application shall also
include the name of the legal entity(ies) intending to operate the
catering and events establishment as well as the doing-business-as
name of the catering and events establishment.
(2)
Current business address or another mailing address for the applicant.
(3)
Written proof of age, in the form of a driver's license, a picture
identification document containing the applicant's date of birth
issued by a governmental agency or a copy of a birth certificate accompanied
by a picture identification document issued by a governmental agency.
(4)
The catering and events establishment name, street address, legal
description, mailing address and phone number.
(5)
The name and business address of the statutory agent or other agent
authorized to receive service of process for the operator of the catering
and events establishment.
(6)
A statement of whether an applicant has been convicted of or has
pleaded guilty or nolo contendere to a specified criminal activity
as defined in this chapter and, if so, each specified criminal activity
involved, including the date, place and jurisdiction of each as well
as the dates of conviction and release from confinement, where applicable.
If an applicant has been convicted of, or has pled guilty or nolo
contendere to, a specified criminal activity as defined in this chapter,
the applicant shall include a statement of whether the conviction
or plea is subject to a certificate of relief from disability or a
certificate of good conduct pursuant to New York State Correction
Law §§ 701 through 703-b.
(7)
Four copies of a sketch or diagram showing the configuration of the catering and events establishment premises and the location of off-street truck loading spaces for the establishment, including a statement of the total floor area occupied by the establishment and a statement of the number of off-street truck loading spaces for the establishment. The sketch or diagram shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The Village Clerk may waive the requirements of this Subsection C(7) for a renewal application if the applicant adopts a sketch or diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
[Amended 12-7-2009 by L.L. No. 15-2009]
(8)
Four copies of a diagram showing the catering and events establishment premises and adjacent public rights-of-way, which depicts the pedestrian and vehicular traffic patterns that relate to the operation of the catering and events establishment. This diagram shall be a separate document from the sketch or diagram required in Subsection C(7) above. The Village Clerk may waive the requirements of this Subsection C(8) for a renewal application if the applicant adopts a diagram that was previously submitted and certifies that the catering and events establishment premises, adjacent public rights-of-way, and related pedestrian and vehicular traffic patterns have not been altered since the diagram was prepared.
[Amended 12-7-2009 by L.L. No. 15-2009]
(9)
A copy of the valid permit to operate a food service establishment
at the catering and events establishment issued by the Westchester
County Health Department.
(10)
A copy of the current certificate of occupancy.
D.
The information provided pursuant to this section shall be supplemented,
in writing, to the Village Clerk within 10 working days of a change
in circumstances which would render the information previously submitted
false or incomplete.
A.
An applicant may obtain an annual license which expires 12 months from the date of issuance. An annual license may be renewed only by making application and payment of a fee as set forth in Village Code § 175-4.
B.
Application for renewal of an annual license should be made no more
than 60 days prior to the expiration of the current annual license,
and when made less than 30 days before the expiration date, the expiration
of the current license will not be affected.
C.
Within 20 days of the filing of a complete catering and events establishment
license application, the Village Clerk shall either issue a license
to the applicant or issue a written notice of intent to deny a license
to the applicant. The applicant shall allow Village officials access
to the floor area of the premises, during regular business hours,
for the limited purpose of verifying compliance with the specific
standards set forth in this chapter. The Village Clerk shall issue
or renew a license unless:
(1)
An applicant is less than 18 years of age.
(2)
An applicant has failed to provide information required by this chapter
for issuance of a license or has falsely answered a question or request
for information on the application form.
(3)
The applicant does not possess a valid permit from the Westchester
County Health Department to operate a food service establishment at
the catering and events establishment.
(4)
The applicant does not possess a current certificate of occupancy.
(5)
The license application fee required by this chapter has not been
paid.
(6)
An applicant has been convicted of or pled guilty or nolo contendere
to a specified criminal activity, as defined in this chapter, provided
that a specified criminal activity that is subject to a certificate
of relief from disability or a certificate of good conduct pursuant
to New York State Correction Law §§ 701 through 703-b
shall not disqualify an applicant from receiving a license, nor shall
an applicant be denied a license if such a denial would violate New
York State Correction Law §§ 751 through 753.
(7)
An applicant has suffered or permitted the catering and events establishment
premises, through improper or inadequate maintenance and supervision,
to be used for the commission of any specified criminal activity as
defined in this chapter.
(8)
Within the prior twenty-four-month period, two or more of any of
the following have occurred on the premises of the establishment due
to the knowing, reckless or negligent conduct of an applicant:
(a)
Occupancy limits applicable to the establishment have been exceeded.
(b)
Exit doors have been locked while the premises are occupied.
(c)
Exits and/or aisles have been obstructed in violation of the
fire code or building code.
(d)
Centralized fire alarm system or fire hood suppression system,
as required by the New York State Building and Fire Code, has been
inoperable or lacking from required locations.
(e)
Fights, assaults or other disturbances of a similar nature have
occurred on the premises.
(f)
Violations of the Alcoholic Beverage Control laws of the State
of New York.
(9)
Within the prior sixty-month period, any of the following have occurred
due to the knowing, reckless or negligent conduct of an applicant:
(a)
A fire on the catering and events establishment premises resulting
in death or serious physical injury, as defined in Penal Law § 10.00,
Subdivision 10, where one or more Fire Code violations existed on
the premises at the time of the fire.
(b)
Death or serious physical injury, as defined in Penal Law § 10.00,
Subdivision 10, arising out of an incident on the catering and events
establishment premises.
(c)
A riot, as defined in Penal Law § 240.05, taking place
upon the premises or arising out of an incident on the premises and
taking place, in whole or in part, within 200 feet of the catering
and events establishment premises.
(10)
The catering and events establishment does not have the number
of off-street truck loading spaces that are required for the establishment
under § 345-14D of the Village Zoning Code.
D.
The Village Clerk shall not issue or renew a license if an applicant
has not paid any fine, penalty or judgment duly imposed in connection
with or arising from the use, occupation or operation of the catering
and events establishment.
A.
The application fee for each annual catering and events establishment license is set forth in Village Code § 175-4.
B.
The applicable license fee shall be paid upon filing of an application
for a license herein prescribed, in order to defray the cost of administering
and enforcing this chapter, and shall not be refundable.
Each catering and events establishment license issued under
this chapter shall be posted and prominently displayed at the main
entrance of the catering and events establishment.
A licensee shall provide a manager or other responsible party
on the premises throughout the entire time that the catering and events
establishment is occupied by any event attendee.
No license issued under the provisions of this chapter shall
be transferred or assigned to any person, or used by any person other
than the licensee to whom it was issued, nor shall such license be
used on any location other than the location stated in such license.
Catering and events establishments and their employees shall
permit employees of the Village to inspect, from time to time on an
occasional basis, the portions of the catering and events establishment
where event attendees are permitted, for the purpose of ensuring compliance
with the specific regulations of this chapter, during those times
when the catering and events establishment is occupied by employees
or event attendees. This section shall be narrowly construed by the
Village to authorize reasonable inspections of the licensed premises
pursuant to this chapter.
If, during the term of the licensing period, one or more persons with an influential interest in the licensed catering and events establishment is substituted or added, such substituted or added person with an influential interest shall, within 10 days of such substitution or addition, file with the Village Clerk an application for an approval of the change of licensees on such forms as are prescribed by the Village Clerk. Within 10 days of such a submission, the Village Clerk shall approve the application, in writing, if the application meets the standards set forth in § 155-4. If the application does not meet the standards set forth in § 155-4, the Village Clerk shall, within 10 days of the submission, issue a written notice of intent to deny the license and shall follow the procedures set forth in § 155-14.
A.
A catering and events establishment and its licensees shall comply
with and enforce the following:
(1)
No employee of the establishment shall knowingly or intentionally
touch or make physical contact with the clothed or unclothed buttocks,
breast, lap, groin area or pubic area of an event attendee on the
premises of the establishment; and
(2)
No event attendee at the establishment shall knowingly or intentionally
touch or make physical contact with the clothed or unclothed buttocks,
breast, lap, groin area or pubic area of an employee on the premises
of the establishment.
B.
Alcohol. No catering and events establishment shall knowingly or
recklessly allow the distribution of alcoholic beverages on its premises
in violation of the Alcoholic Beverage Control laws of the State of
New York and State Liquor Authority rules and regulations.
C.
Hours of events.
(1)
No catering and events establishment shall allow any function, occasion
or event held at the establishment to continue after 1:00 a.m., unless
the service of alcoholic beverages at the function, occasion or event
is authorized by a permit or license issued by the New York State
Liquor Authority, in which case the establishment shall not allow
the function, occasion or event to continue past 4:30 a.m.
(2)
No catering and events establishment shall allow any function, occasion
or event held at the establishment to commence between 4:30 a.m. and
6:00 a.m.
The Village Clerk may issue a written notice of intent to suspend
a catering and events establishment license for a period not to exceed
30 days if the licensee has knowingly violated this chapter or has
knowingly allowed an employee or any other person to violate this
chapter.
A.
The Village Clerk shall issue a written notice of intent to revoke
a catering and events establishment license if the licensee knowingly
violates this chapter or has knowingly allowed an employee or any
other person to violate this chapter and a suspension of the licensee's
license has become effective within the previous twelve-month period.
B.
The Village Clerk shall issue a written notice of intent to revoke
a catering and events establishment license if:
(1)
A licensee has knowingly given false information in the application
for the catering and events establishment license;
(2)
A licensee has knowingly or recklessly engaged in or allowed possession,
use or sale of controlled substances on the premises of the catering
and events establishment;
(3)
A licensee has knowingly or recklessly engaged in or allowed prostitution
on the premises of the catering and events establishment;
(4)
A licensee knowingly or recklessly operated the catering and events
establishment during a period of time when the catering and events
establishment license was finally suspended or revoked;
(5)
A licensee is convicted of any specified criminal activity as defined
in this chapter;
C.
The fact that any relevant conviction is being appealed shall have
no effect on the revocation of the license, provided that if any conviction
which serves as a basis of a license revocation is overturned or reversed
on appeal, that conviction shall be treated as null and of no effect
for revocation purposes.
D.
When, after the notice and hearing procedure described in this chapter,
the Village revokes a catering and events establishment license, the
revocation shall continue for one year and the licensee shall not
be issued any catering and events establishment license for one year
from the date revocation becomes effective.
A.
When the Village Clerk issues a written notice of intent to deny,
suspend or revoke a license, the Village Clerk shall immediately send
such notice, which shall include the specific grounds under this chapter
for such action, to the applicant or licensee (respondent) by personal
delivery or certified mail. The notice shall be directed to the most
current business address or other mailing address on file with the
Village Clerk for the respondent. The notice shall specify a date,
not less than 10 days nor more than 20 days after the date the notice
is issued, on which the Hearing Officer shall conduct a hearing on
the Village Clerk's written notice of intent to deny, suspend
or revoke the license.
(1)
At the hearing, the respondent shall have the opportunity to present
all of the respondent's arguments and to be represented by counsel,
present evidence and witnesses on his or her behalf and cross-examine
any of the Village Clerk's witnesses. The Village Clerk shall
also be represented by counsel and shall bear the burden of proving
the grounds for denying, suspending or revoking the license. The hearing
shall take no longer than two days, unless extended at the request
of the respondent to meet the requirements of due process and proper
administration of justice. The Hearing Officer shall issue a written
decision, including specific reasons for the decision pursuant to
this chapter, to the respondent within five days after the hearing.
(2)
If the decision is to deny, suspend or revoke the license, the decision
shall not become effective until the 30th day after it is rendered,
and the decision shall include a statement advising the respondent
of the right to appeal such decision to a court of competent jurisdiction.
If the Hearing Officer's decision finds that no grounds exist
for denial, suspension or revocation of the license, the Hearing Officer
shall, contemporaneously with the issuance of the decision, order
the Village Clerk to immediately withdraw the intent to deny, suspend
or revoke the license and to notify the respondent, in writing, by
certified mail of such action. If the respondent is not yet licensed,
the Village Clerk shall contemporaneously therewith issue the license
to the applicant.
B.
If any court action challenging a licensing decision is initiated,
the Village shall prepare and transmit to the court a transcript of
the hearing within 10 days after receiving written notice of the filing
of the court action. The Village shall consent to expedited briefing
and/or disposition of the action, shall comply with any expedited
schedule set by the court and shall facilitate prompt judicial review
of the proceedings. The following shall apply to any licensee that
possesses a valid annual catering and events establishment license
on the date on which the complete application is filed with the Village
Clerk: Upon the filing of any court action to appeal, challenge, restrain
or otherwise enjoin the Village's enforcement of the denial,
suspension or revocation, the Village Clerk shall immediately issue
the respondent a provisional license. The provisional license shall
allow the respondent to continue operating a catering and events establishment
under this chapter and will expire upon the court's entry of
a judgment on the respondent's appeal or other action to restrain
or otherwise enjoin the Village's enforcement.
A.
Any person who violates, disobeys, omits, neglects or refuses to
comply with or resists the enforcement of any of the provisions of
this chapter shall be guilty of a violation and, upon conviction,
be subject to a fine of no less than $750 nor greater than $900 for
each offense. Each day a violation is committed, or permitted to continue,
shall constitute a separate offense and shall be fined as such.
B.
The Village Attorney is hereby authorized to institute civil proceedings
necessary for the enforcement of this chapter to prosecute, restrain
or correct violations hereof. Such proceedings, including suit for
an injunction, shall be brought in the name of the Village, provided,
however, that nothing in this section and no action taken hereunder
shall be held to exclude such criminal or administrative proceedings
as may be authorized by other provisions of this chapter, or any of
the laws in force in the Village, or to exempt anyone violating this
Code or any part of said laws from any penalty which may be incurred.
This chapter does not impose strict liability. Unless a culpable
mental state is otherwise specified herein, a showing of a knowing
or reckless mental state is necessary to establish a violation of
a provision of this chapter. Notwithstanding anything to the contrary,
for the purposes of this chapter, an act by an employee that constitutes
grounds for suspension or revocation shall be imputed to the catering
and events establishment licensee for purposes of finding a violation
of this chapter, or for purposes of license denial, suspension or
revocation, only if an officer, director or general partner, or a
person who managed, supervised or controlled the operation of the
business premises, knowingly or recklessly allowed such act to occur
on the premises. It shall be a defense to liability that the person
to whom liability is imputed was powerless to prevent the act.
All preexisting establishments operating as catering and events
establishments, as that term is defined in this chapter, that are
lawfully operating in the Village in compliance with all state and
local laws prior to the effective date of this chapter, are hereby
granted a de facto temporary license to continue operation for a period
of 90 days following the effective date of this chapter. By the end
of said 90 days, all catering and events establishments must conform
to and abide by the requirements of this chapter.
This chapter, and each section and provision of said chapter
hereunder, are hereby declared to be independent divisions and subdivisions
and, notwithstanding any other evidence of legislative intent, it
is hereby declared to be the controlling legislative intent that if
any provisions of said chapter, or the application thereof to any
person or circumstance, are held to be invalid, the remaining sections
or provisions and the application of such sections and provisions
to any person or circumstances other than those to which it is held
invalid shall not be affected thereby, and it is hereby declared that
such sections and provisions would have been passed independently
of such section or provision so known to be invalid. Should any procedural
aspect of this chapter be invalidated, such invalidation shall not
affect the enforceability of the substantive aspects of this chapter.
Any provision(s) in the Village Code, including the provisions of Chapter 206, Licensed Occupations, specifically in conflict with any provision in this chapter is hereby deemed inoperative as to catering and events establishment licenses.
