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A local law in relation to dance halls and cabarets.
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Be it enacted by the Board of Trustees of the Village of Tuckahoe
as follows:
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[1]
Editor's Note: Local Law No. 1-1967 was passed by the
Village Board of Trustees on 7-10-1967.
[L.L. No. 1-1967, § 100]
This entire law shall be deemed an exercise of the police power
of the State of New York and of the Village of Tuckahoe for the protection
of the economic and social welfare, health, peace and morals of the
people of the Village of Tuckahoe and all its provisions shall be
liberally construed for the accomplishment of that purpose.
[L.L. No. 4-2002, § 1; L.L. No. 1-2003, § 1;
L.L. No. 1-1967, § 101; L.L. No. 1-2003, § 2;
L.L. No. 6-2009, § 1]
101.1. PERSON — Includes natural persons of either sex,
corporations whether acting by themselves or by a servant, agent or
employee, partnerships, associations, joint-stock companies, firms,
societies and all other entities of any kind capable of being sued.
The singular number shall include the plural; the masculine pronoun
shall include the feminine.
101.2. CABARET — As used herein, is hereby defined as
a place of public resort, accommodation, assemblage, entertainment
or amusement, where amusement and dance privileges or other entertainment,
including instrumental or mechanical music alone, are afforded the
patrons of or conducted at such premises. A membership corporation,
club, association or society which permits musical entertainment,
singing, dancing or other form of amusement in the premises shall
be deemed to be conducting a cabaret hereunder.
101.3. PUBLIC DANCE HALL — Any room, place or space in
which dancing is permitted and carried on and to which the public
may gain admittance either with or without the payment of a fee.
101.4. LIMITED CABARET — A full-service restaurant which
serves meals with waiter/waitress service and which provides not more
than two entertainers providing nonamplified musical entertainment
inside the premises between the hours of 6:00 p.m. and 12:00 midnight
for the sole purpose of providing music for the benefit of patrons
seated at tables and wherein dancing is prohibited. An electric keyboard
instrument shall be considered nonamplified so long as it does not
have an external speaker or amplification source. The term "limited
cabaret" shall be deemed to include any establishment in the Village
that permits or authorizes the singing or conducting of Karaoke music.
[L.L. No. 1-1967, § 102; L.L. No. 1-2003, § 3;
L.L. No. 6-2009, § 2]
A.
It shall be unlawful for any person to conduct, maintain or operate,
or engage in the business of conducting, managing or operating, a
public dance hall, limited cabaret or cabaret unless the premises
wherein the same is conducted, maintained or operated is licensed
in the manner prescribed herein.
B.
All of the provisions of this law shall apply to limited cabarets,
except as otherwise stated, and further except that limited cabarets
shall not be required to meet the location requirements of § 1190
relating to off-street parking and that limited cabarets may be within
500 feet of a residential zoning district.
[L.L. No. 1-1967, § 103; L.L. No. 2-1967; L.L.
No. 6-1990, § 4]
A.
The provisions of this law shall not apply to the following:
(1)
A lodge, a country club, a golf club or a fraternal organization
as set forth and described in the Benevolent Orders Law of the State
of New York; veterans' organizations.
(2)
A church, a religious organization or a convention or association
of churches.
(3)
An educational institution.
(4)
A police or fire department of a political subdivision or to
a benefit for a retirement pension or disability fund of such police
or fire department or individual member thereof.
(5)
A corporation, association or any community chest, fund or foundation
organized and operated exclusively for charitable purposes.
B.
Special permits.
(1)
A party not currently licensed for a cabaret may apply to the
Village Board for a special permit to conduct activities permitted
under this local law on special occasions. Such activities shall not
be conducted for more than two days and shall comply in all respects
with all applicable laws and ordinances.
(2)
Application for such special permit shall be made on at least
14 days' notice and shall specifically designate activities to
be conducted under this special permit if granted. The fee for such
application is $25.
[L.L. No. 1-1967, § 104]
No person owning, managing or operating or conducting a cabaret
or public dance hall shall allow or permit any person employed by
him in the capacity of an entertainer or servant or otherwise to approach
or accost any guest to dance with or have refreshments with such employees
as aforesaid during the hours of their employment; nor shall any person
in the premises of a cabaret or public dance hall approach any person
who is an employee of the owner or manager or operator in the capacity
of an entertainer or servant or otherwise during the hours of their
employment, for the purpose of inducing any such person so employed
to dance with or have refreshments with such guest.
[L.L. No. 1-1967, § 105]
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this law to
employ any person as an entertainer, or employ any person in any other
capacity, or in such place, who is not at least 21 years of age and
of good moral character.
[L.L. No. 1-1967, § 106]
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this law to
refuse admission to any peace officer of the Village of Tuckahoe or
of the State of New York or any officer of the United States Government
charged with the duty of enforcing the penal laws of the United States.
Said officers shall have free access at all times to any cabarets
or public dance halls licensed under this law.
[L.L. No. 1-1967, § 107]
107.1. It shall be unlawful for the owner, proprietor, manager
or person in charge of any place licensed under the provisions of
this law or for any employee of said place to harbor, admit, receive
or permit to be or remain in or about any such place, any lewd or
dissolute person, any common prostitute, any drunken or boisterous
person or persons under the influence of intoxicating liquor or any
person whose conduct tends in any way to corrupt the public morals.
107.2. It shall be unlawful for any lewd or dissolute person,
any common prostitute, any drunken or boisterous person or person
under the influence of intoxicating liquor or any person whose conduct,
while present in said place, in any way tends to corrupt the public
morals to be or to remain in or about any place licensed under the
provisions of this law, after being notified by the management or
a peace officer to leave the premises.
107.3. It shall be unlawful for any person to conduct himself
in a boisterous manner or to use any profane, obscene or indecent
language in or about any place licensed under the provisions of this
law or the hallways or entrances thereof.
107.4. It shall be unlawful for any person, while dancing in
any place licensed under the provisions of this law to assume or maintain
any immodest, lewd or suggestive posture or position which, in any
way, tends to corrupt the public morals.
107.5. It shall be unlawful for any person to make any misrepresentation
or false statement as to his own age, or that of any other person,
for the purpose of obtaining admission to any cabaret or public dance
hall, of such person as to whose age such statement is made.
107.6. It shall be unlawful to give or permit the giving of,
in any cabaret or public dance hall licensed under the provisions
of this law any entertainment or exhibition of a lewd, suggestive,
vulgar or immoral type, or to use therein any indecent or obscene
language or to sing any song of any lewd or vulgar character or to
behave in any manner tending to corrupt the public morals.
107.7. It shall be unlawful for any person to bring into or
have in his or her possession or partake of any intoxicating liquors
in any place designated in this law as a cabaret or public dance hall.
This section shall not apply to cabarets where intoxicating liquors
may be lawfully sold under the Alcoholic Beverage Control Law.
[L.L. No. 1-1967, § 108]
Premises licensed hereunder shall not be kept open for business,
nor shall the public be admitted to enter or to remain therein, between
the hours of 3:00 a.m. and 10:00 a.m. The Village Board, at its discretion,
may permit such premises licensed hereunder to be open to the public
between such hours on special occasions. If it shall appear to the
Village Board that the place for which a license is sought will be
frequented by minors, or if there be, in the opinion of the Village
Board, any other good or sufficient reason therefor, it may grant
a license upon the condition that the licensed premises shall not
be open for business between the hours of 1:00 a.m. and 10:00 a.m.
If any cabaret or public dance hall is found open between the prohibited
hours, the person owning, managing or operating or conducting the
cabaret or public dance hall between said hours shall be held responsible
for a violation of the provisions of this law in relation to such
closing. This section shall not apply to cabarets or public dance
halls where alcoholic beverages may be sold or dispensed under the
Alcoholic Beverage Control Law only with respect to the times during
which alcoholic beverages may be sold or dispensed.
[L.L. No. 6-2009, § 3; L.L. No. 2-2005, § 1;
L.L. No. 6-2009, § 4; L.L. No. 1-1967, § 109;
L.L. No. 6-1990, § 3]
A.
Any person desiring to procure or renew a license provided in this
Article shall file with the Village Clerk a sworn written application
containing the following:
(1)
Name, address, date of birth and social security number of applicant.
(2)
Whether applicant is an individual, partnership, corporation
or other association.
(3)
If a partnership: the names, addresses, dates of birth and social
security numbers of all persons having an interest in the partnership.
(4)
If a corporation: the names, addresses and dates of birth and
social security numbers of all officers, directors and managers.
(5)
If a corporation: the name, address, date of birth and social
security number of each stockholder having 10% or more of the total
outstanding shares of any class of stock. There shall also be given
the number of shares held by the stockholder and his percentage of
the total outstanding shares of stock.
(6)
If any of the persons named in Subsection A(1), (3), (4), (5)
and (20) are citizens of a country other than the United States, state
their names and country of citizenship.
(7)
State how long each person named in response to Subsections
A(1), (3), (4), (5) and (20) has been a resident of the Village of
Tuckahoe, if at all, and as to each person, set forth his current
and immediately preceding place of employment.
(8)
State whether any person mentioned in Subsection A(1), (3),
(4), (5) or (20) has been convicted of a felony or misdemeanor and,
if so, give date of conviction, offense convicted of, jurisdiction
in which convicted and sentence received.
(9)
State whether any person mentioned in Subsection A(1), (3),
(4) and (20) has been engaged individually as an operator or manager
of a cabaret or similar business within the last five years and, if
so, give the name of such business, its address and the length of
time such person operated such business.
(10)
State whether any person mentioned in Subsection A(1), (3),
(4), (5) and (20) has ever had a previous cabaret or similar license
revoked or suspended and whether such person has been convicted of
operating or managing such a business without a license and, if so,
give full particulars.
(11)
State the name and proposed location of the cabaret under which
the applicant will operate.
(12)
Attach a copy of the property deed if premises are owned by
the applicant or a copy of the lease if premises are rented.
(13)
State the nature of the music and/or entertainment to be produced.
(14)
State whether alcoholic beverages will be served and, if so,
state the name of the liquor licensee and the license number, and
provide copies of said license.
(15)
State the area of the floor space to be used by the public,
the maximum number of rooms to be occupied by the public, the maximum
number of tables in each occupied room and the number of entrances
and exits.
(16)
State whether any part of the premises to be used will be used
for a hotel, rooming house or lodging house and, if so, give full
particulars.
(17)
Affix to the application two copies of a scale drawing showing
the dimensions of all occupied rooms, the locations of all tables,
the width of aisles between tables, the width of aisles between tables
and walls, posts, poles, bars, stages and other fixtures, appurtenances
and appliances and the location of all exits, exit signs and emergency
lighting. This requirement shall not apply to applications for licenses
pertaining to limited cabarets.
(18)
State the County Health Department permit number and provide
copies of said permit.
(19)
State whether cabaret activities shall be conducted every day
of the week or be limited to Friday, Saturday and Sunday or be limited
to some other specified day or days of the week.
(20)
Name, address, date of birth and social security number of each
and every manager of the premises.
(21)
In addition to the foregoing, applicant shall supply any and
all relevant information concerning its application to operate a cabaret
when requested to do so by authorized officials of the Village, including,
but not limited to and as applicable, certified copies of partnership
agreements, certificate(s) of incorporation, proof or ownership, financial
records, income tax returns, acquisition agreements, payroll records
and the like.
B.
Said application shall be signed and sworn to, before a notary public
or other officer authorized to administer an oath, by all persons
listed under Section 109A(1), (3), (4) and (5).
C.
Except for applicants for limited cabaret licenses, all persons described
on Section 109A(1), (3), (4) and (5) shall be fingerprinted before
their application for a cabaret license or dance hall license is submitted.
An application shall be deemed incomplete and automatically denied
if any of the persons enumerated in said subsections have not submitted
their fingerprints with said application. Fingerprints shall be submitted
upon the form or forms adopted by the Village Board and on applicable
forms of the New York State Division of Criminal Justice Services.
Fees incident to such fingerprinting shall be paid by the applicant.
The fees and fingerprints shall be submitted to the New York State
Division of Criminal Justice Services. Notwithstanding any provision
of this local law to the contrary, the Chief of Police shall receive
and review the criminal history information, if any, provided by the
New York State Division of Criminal Justice Services and shall be
the only officer of the Village to receive and review the criminal
history information, if any, provided by the New York State Division
of Criminal Justice Services. The review and determination by the
Chief of Police of an applicant's suitability for licensing shall
be in compliance with Article 23-A of the New York State Correction
Law.
D.
Said application shall be referred to the Chief of Police, the Fire
Chief of the Town of Eastchester and the Building Inspector for proper
investigation of the applicant and the premises. As part of such investigation,
aforementioned persons shall determine whether such applicant and
premises conforms to the requirements of this local law and all laws
and regulations of the State of New York, the County of Westchester
and the Village of Tuckahoe. The investigation by the Chief of Police
shall also include an examination into the present and projected noise,
traffic and public safety impacts of the proposed cabaret. At the
conclusions of such investigation, each of the aforementioned persons
shall render a written report to the Village Board with their recommendation
as to whether or not such application should be granted. The Chief
of Police, in making such recommendation, shall investigate the applicant's
character and conduct as a law-abiding person and shall consider past
operations, if any, convictions of felonies and crimes involving moral
turpitude and connections with criminal elements, as defined herein.
E.
Application review.
(1)
Within 30 days after the receipt of the reports and recommendations
of the Chief of Police, Fire Chief and the Building Inspector, the
Village Board shall determine whether or not to grant such application.
The Village Board may deny such application if, upon reviewing the
information contained on the application form and upon receiving the
reports and recommendations of the Chief of Police, the Fire Chief
and the Building Inspector of the Village, such Board should find
that:
(a)
The proposed cabaret facility, including but not limited to
its proposed mode of operation, does not conform to all laws and regulations
of the State of New York, the County of Westchester and the Village
of Tuckahoe; or
(b)
The applicant (or, if a partnership, a member of the partnership
or, if a corporation, the holder of any stock therein or an officer
or director thereof) shall have been convicted of a misdemeanor or
felony which, in the judgment of the Village Board, renders such applicant
unfit or undesirable to conduct a cabaret; or
(c)
The applicant (or, if a partnership, a member of the partnership,
or, if a corporation, the holder of any stock therein or an officer
or director thereof) in the judgment of the Village Board shall be
an undesirable person (or entity) or incapable of properly conducting
a cabaret.
(2)
For purposes of this Section 109, the terms "unfit," "undesirable,"
and "incapable of properly conducting a cabaret" shall have the meanings
ascribed to them under and pursuant to § 137 of the New
York State Town Law.
F.
If an application is denied by the Village Board, the applicant may appeal such denial to the Village Board by filing written notice of appeal to such Board in the office of the Village Clerk, within 20 days following mailing of a copy of the Village Board's resolution to the applicant at the address designated on its application. If the applicant appeals such a denial by giving notice thereon in accordance with this subsection, the applicant must be prepared to go to a hearing on the appeal within 30 days of the giving of the notice of appeal, and if the applicant fails to proceed to the hearing on the appeal within such thirty-day period, the provisions of Subsection K of this section shall no longer be applicable (as to a cabaret seeking renewal of its license), and all cabaret activities shall cease forthwith.
G.
The Village Board shall be required to hold a public hearing upon
every appeal from the denial of a cabaret license by such Board within
a reasonable time. All parties shall be given reasonable notice by
the Village Clerk of such hearing, including publication of notice
thereof in the official Village newspaper at least 10 days prior thereto,
which notice shall include a statement of the time, place and nature
of the hearing, a statement of the legal authority and jurisdiction
under which the hearing is to be held, a reference to the particular
sections of the statutes and rules involved, where possible and a
short plain statement of matters asserted in support of the appeal.
H.
At such hearing, the applicant shall be given an opportunity to present
written argument on issues of law and an opportunity to present evidence
and argument on issues of fact; provided, however, that nothing contained
herein shall be construed to prohibit the Village Board from allowing
parties to present oral argument within a reasonable time.
I.
Unless precluded by statute, disposition of the appeal may be made
by stipulation, agreed settlement, consent order, default or other
informal method.
J.
At any hearing held pursuant to this section, the applicant, as well
as any other interested parties, including any resident of the Village
of Tuckahoe, may state his reviews. Within 30 days following the conclusion
of such hearing, including the submission of memoranda related thereto,
the Village Board shall be required, by resolution, to either affirm,
modify or reverse its denial of a cabaret license to the applicant.
K.
When an applicant has made timely and sufficient application for
a new license, with reference to any cabaret activity of a continuing
nature for which such applicant had been issued a cabaret license
in the previous year, the existing license shall not expire until
the application has been finally determined by the Village Board and
in the case of an application denied, until the appeal, if any, from
such denial has been determined and a decision rendered by the Village
Board after public hearing thereon.
L.
Anything contained in Subsection K hereof to the contrary notwithstanding, if the recommendations of any one of the officials described in Subsection D of this section contain findings that the public health, safety or welfare imperatively require emergency action and the termination of all cabaret activities pending such action, the Village Board shall incorporate such findings in an order summarily suspending the license effective on the date specified in such order or upon service of a certified copy of such order on the licensee, whichever shall be later, pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
M.
In the event that the Village Board determines to grant an application for a cabaret license, such Board may impose such terms and conditions on said license so as to effectuate the purposes of this local law. If the applicant is aggrieved by such terms and conditions, the applicant may appeal the determination of the Village Board to the Village Board within 30 days of such determination. The procedure for such appeal shall be as set forth in Subsection G above.
N.
The filing of an application pursuant to this local law shall constitute
a consent to the inspections of the premises by the Police Chief,
Fire Chief and Building Inspector.
[L.L. No. 1-1967, § 110]
No license shall be granted unless and until it shall be found
that all of the persons named in the application are of good moral
character, that the proposed cabaret or public dance hall complies
with and conforms to all laws, health and fire regulations and other
laws applicable thereto, that it is properly ventilated and supplied
with separate and sufficient toilet conveniences for each sex, and
that it is a safe and proper place for the purposes for which it shall
be used. No license shall be issued by the Village Clerk to any applicant
or applicants who shall have been convicted of a crime or any offense
in this or any other jurisdiction or of the provisions of this law
or any similar law in any city, town or village.
[L.L. No. 1-1967, § 111; L.L. No. 6-1990, § 6;
L.L. No. 2-2012, § 1]
Upon compliance with the terms of this law by the applicant
or applicants, the Village Clerk, upon payment of the license fee
herein fixed, shall issue to the applicant a license to conduct and
maintain a cabaret or public dance hall in the location applied for
during the term and in accordance with the other provisions of this
law. Licenses issued pursuant to this section, except conditional
licenses, shall be issued for a maximum of 12 months. The effective
periods of all licenses shall be November 1 through October 31. All
licenses shall expire on October 31. The Clerk, after approval by
the Board of Trustees, may issue a conditional license for a period
of not less than one month.
[L.L. No. 1-1967, § 112; L.L. No. 11-1986, § 1;
L.L. No. 6-1990, § 7; L.L. No. 2-2012, § 2]
The license fee shall be the sum of $150 per twelve-month license
period or any fraction thereof for a public dance hall or cabaret
and said sum is hereby determined to be the reasonable cost to the
Village for the investigation of the application, the issuance and
recording of the license and the subsequent supervision of the premises
as herein provided.
[L.L. No. 1-1967, § 113]
Every person licensed in accordance with the provisions of this
law shall immediately post such license and keep the same posted while
in force, in a conspicuous place in the premises mentioned in the
application for such a license.
[L.L. No. 1-1967, § 114]
If, at any time after the granting of such license, the licensee
shall be convicted of any violation of this law or of any other law
or ordinance applicable to the premises or the operation thereof,
then and in that event, the license shall be forthwith revoked and
the licensee shall immediately surrender the license to the Village
Clerk for cancellation. Any licensee whose license is revoked as herein
provided, shall not be entitled to any refund of any part of the license
fee.
The Village Board may, after notice and hearing as provided
revoke the license if it finds that the premises are being used for
disorderly or immoral purposes or that the cabaret or public dance
hall was frequented by disorderly or immoral persons; or for violation
of any of the laws, regulations, restrictions of this law or of any
other law, ordinance and regulation of the State of New York, County
of Westchester or Village of Tuckahoe, governing or applying to the
premises or the licensee.
The licensee shall be entitled to notice in writing to be delivered
to the licensee or person in charge of the premises licensed, containing
the substance of the violation charged and the time and place of the
public hearing on such charges before the Village Board, which shall
not be less than five days after the date of the service of the notice.
At such hearing, the licensee shall have the right to appear and be
heard thereupon. The Village Board shall hear such proof in regard
to events as it deems proper and shall act thereupon in accordance
with the facts. Action by the Village Board shall be subject to the
review by certiorari.
[L.L. No. 1-1967, § 115]
All cabarets and/or public dance halls shall be kept, at all
times, in a clean, healthful and sanitary condition and all stairways
and other passages and all rooms connected with a cabaret or public
dance hall shall be kept open and well-lighted during the public use.
[L.L. No. 1-1967, § 116]
The Chief of Police shall have power, and it shall be his duty,
to cause the place, hall or room where any cabaret or public dance
hall is maintained to be vacated whenever any rule or regulation of
any provisions of any law or ordinance with regard to cabarets or
public dance halls and public places, is being violated, or whenever
an indecent act shall be committed or threatened to be committed,
or whenever any disorder or conduct of a gross, violent and vulgar
character shall take place therein, or any known prostitute, procurer
or vagrant be found frequenting such place.
[L.L. No. 1-1967, § 117; L.L. No. 6-1990, § 5]
It shall be unlawful after 9:00 p.m. to permit any person to
attend or permit the attendance at a cabaret or public dance hall
of a person who has not reached the age of 21 years unless such person
be in company with a parent or natural guardian.
It shall be unlawful for any person to represent himself to
herself to have reached the age of 21 years in order to obtain admission
to a cabaret or public dance hall or to be permitted to remain therein
when such person is, in fact, under [21] years of age. It shall also
be unlawful for any person to represent himself or herself to be a
parent or natural guardian of any person in order that such a person
obtain admission to a cabaret or public dance hall or be permitted
to remain therein when the person making the representation is not,
in fact, either a parent or natural [guardian] of the other person.
[L.L. No. 1-1967, § 118]
It shall be unlawful for any person conducting a cabaret or
public dance hall or any manager or other agent of such person:
(a)
To permit any known prostitute, male or female procurer or vagrant
to be present at any cabaret or public dance hall.
(b)
To permit gambling in any form on the premises.
(c)
To permit idlers, loiterers or disorderly persons to be on or about
the cabaret or public dance hall premises.
(d)
To permit men to enter the ladies' room or parlor.
(e)
To permit dancing or any conduct that is vulgar, indecent, suggestive
or immoral.
(f)
To discriminate between the sexes by offering free admission to either
sex as an inducement to stimulate attendance.
(g)
To permit endurance contests, commonly known as "marathon dances."
[L.L. No. 1-1967, § 119; L.L. No. 6-1990, § 2;
L.L. No. 9-1992, § 2; L.L. No. 1-2003, § 4; L.L.
No. 1-2003, § 5]
No cabaret or public dance hall shall be licensed under this
local law nor shall any person operate a premises as a cabaret or
public dance hall except in compliance with the following location
requirements:
A.
It shall be unlawful for any such premises licensed under the provisions
of this Article to permit outside doors to be open at any time during
the hours of operation, except;
B.
It shall be unlawful to operate any such premises unless the premises
are soundproofed or provision is made so that no amplification or
excessive noise is audible outside of or beyond the premises.
C.
No license shall be issued pursuant to this Article where all or
any part of the area to be used and occupied, other than rest rooms,
by patrons or customers of said premises is below grade level or above
the ground level of the first floor.
D.
All such premises which have a permitted occupancy of 50 or more
people shall have auxiliary rechargeable battery lighting of at least
thirty-minute duration. All auxiliary lighting shall be located at
a reasonable distance above the floor and below the ceiling so that
it will not be obstructed by tables, chairs, chandeliers or other
decorations or appliances. The Fire Inspector shall determine the
number, location and direction of all such emergency lighting.
E.
All fire exits shall have sufficient exterior lighting to allow safe
egress therefrom.
F.
All such premises must comply in all respects with the requirements
of the New York State Uniform Fire Prevention and Building Code.
G.
All such premises with kitchen facilities must have fire protection
in all ducts and hoods as required by the New York State Uniform Fire
Prevention and Building Code and the National Fire Protection Association.
H.
All such premises shall have fire appliances at proper locations
in accordance with the standards of the National Fire Protection Association.
I.
Any such premises obtaining its first license after July 1, 1990,
or such premises which is presently licensed and which is presently
or hereafter closed for the purpose of making alterations, improvements
or additions or for any other type of work requiring a building permit,
or if presently or hereafter closed as a result of building or fire
code violations, shall have an approved sprinkler system.
J.
Flame spread ratings of all decorations, including but not limited
to rugs, carpets, pads, tablecloths, wall hangings and draperies,
in all cabarets shall meet the minimum requirements of the New York
State Uniform Fire Prevention and Building Code. National Fire Prevention
Association certificates shall be forwarded on demand to the Fire
Inspector.
K.
The maximum number of persons permitted in any such premises shall
be established by the Fire Inspector in accordance with the standards
of the National Fire Prevention Association or the applicable codes
and regulations of the New York State Department of Labor, whichever
is more restrictive. The Fire Inspector shall post in conspicuous
location(s) on the premises a notice or notices of maximum occupancy,
and no owner, manager or person in charge or in control of such premises
shall permit such premises to be occupied by more persons than are
set forth in such notice.
L.
All such premises shall have a minimum of two exits which shall be
as distant from each other as is reasonably possible.
M.
Any duct which has a vent into any portion of such premises and which
also has a vent into any other room of such premises or any room of
any other premises whether or not owned or operated by the licensee
shall be equipped with fire dampers. Any such duct shall also be provided
with a smoke detection system in accordance with the New York State
Uniform Fire Prevention and Building Code.
N.
All fire exits in such premises shall have panic hardware. No other
locking device shall be permitted on fire exits at any time that the
premises are occupied or used for any purpose.
O.
The premises shall comply in all respects with the Village Zoning
Ordinance, including the off-street parking requirements of the Village
Zoning Ordinance; provided, however, that no license shall be issued
pursuant to this Article where the premises is located in a residential
zoning district or within 500 feet of any residential zoning district.[1]
[1]
Editor's Note: See Appendix A, Zoning, of this volume.
P.
All such premises shall have sufficient capacity and space either
on the premises or on the private property of the premises to accommodate
all patrons waiting to enter such premises. Such premises shall not
permit or authorize persons waiting to enter such premises to form
lines or otherwise wait on the public sidewalk or street so as to
block any portion of any sidewalk or any door to the premises or any
door or entrance to any other buildings.
Q.
All premises containing cabarets shall maintain adequate security
during hours of operation to ensure public peace and order. Upon the
request of the Chief of Police, any cabaret with a capacity of over
75 patrons shall be required to arrange for and pay for the posting
of a police officer outside the premises during its hours of operation.
Upon the request of the Chief of Police, any cabaret with a capacity
of over 150 patrons shall be required to arrange for and pay for the
posting of two police officers outside the premises during its hours
of operation. The cabaret shall reimburse the Police Department for
each hour of such services at an overtime rate, including benefits;
provided, however, that the reimbursement shall be for not less than
four hours.
[L.L. No. 1-1967, § 120]
Any person or persons who conducts or conduct a cabaret or public
dance hall, as defined in § 101, Subsections 101.2 and 101.3,
without a license required by this law or any person conducting such
a cabaret or public dance hall who shall violate any of the provisions
of this law or restrictions or regulations of this law as now or hereafter
shall be in force; or, who has had his license revoked, shall continue
to conduct such cabaret or public dance hall thereafter; shall, upon
conviction thereof, be guilty of an offense and shall be punishable
by a fine not to exceed $500 or by imprisonment not to exceed 30 days,
or by both such fine and imprisonment, and the license issued for
said premises shall be revoked. Any continuing violation shall constitute
a separate violation for each day it shall continue.
[L.L. No. 1-1967, § 121]
Any local laws, ordinances or orders or parts thereof conflicting
or inconsistent with the provisions of this local law are hereby repealed.
[L.L. No. 1-1967, § 122]
The invalidity of any section or provision of this law shall
not invalidate any other section or provision.
[L.L. No. 1-1967, § 123]
This local law shall take effect immediately upon its filing
in the office of the State Comptroller and Secretary of State of New
York.
