[HISTORY: Adopted by the Board of Trustees
of the Village of Hempstead 2-17-1981 by L.L. No. 18-1981. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any room, place or space in which any professional entertainment
or floor show of any kind whatsoever or similar entertainment, including
dancing by the patrons, is permitted or provided in connection with
the business of directly or indirectly selling or serving food or
drink to the public is conducted and provides any form of entertainment,
including music, whether live or mechanical, singing, dancing or any
type of game of amusement. The term "cabaret" shall include establishments
customarily called "discotheques."
[Added 1-17-2012 by L.L. No. 2-2012]
An organized procession, except funeral processions, upon
any public street, sidewalk or alley.
Any march or procession consisting of people, animals or
vehicles, or combination thereof, except funeral processions, upon
any public street, sidewalk or alley, which does not comply with normal
and usual traffic regulations or controls.
An assembly of persons upon any public street, sidewalk or
alley which impedes or tends to impede pedestrian or vehicular traffic.
[Added 1-17-2012 by L.L. No. 2-2012]
The Board of Trustees, in accordance with this chapter, shall
have the following functions, powers and duties in addition to those
provided in any other law, rule or regulation:
A.
To issue or refuse to issue any license or permit provided by this
chapter.
B.
To revoke, cancel or suspend for cause any license or permit issued
under this chapter.
C.
To inspect or provide for the inspection of any place of assembly
at any reasonable time.
D.
To prescribe forms of application for licenses or permits under this
chapter and of all reports which it deems necessary to be made by
any licensee, permittee or applicant.
E.
To hold hearings, subpoena witnesses, compel their attendance, administer
oaths; to examine any person under oath; and, in connection therewith,
to require the production of any books or papers relative to the inquiry,
and to otherwise fully enforce this chapter.
[Added 1-17-2012 by L.L. No. 2-2012]
A.
It shall be unlawful for any person to conduct, maintain or operate,
or engage in the business of conducting, maintaining or operating
a cabaret within the Village unless the premises wherein the same
is conducted, maintained or operated is licensed in the manner prescribed
herein.
B.
A license shall be issued for a place of assembly operated as a cabaret
only after the Board of Trustees:
(1)
Shall have caused an inspection to be made of the premises to
be licensed and is satisfied that such premises comply with all the
local laws of the Village and any applicable laws, rules and regulations
of any other governmental authority, including but not limited to
the New York State Uniform Fire Prevention and Building Code, and
off-street parking requirements for places of assembly.
(2)
Is satisfied that the applicant is a fit and proper person.
C.
In addition to such other information as the Board of Trustees may
determine shall be furnished in any application for a place of assembly
operating as a cabaret, the following information shall be given:
(1)
The name, age and residence address of each applicant and, if
there is more than one and they are partners, the partnership name
and the age and residence address of each partner.
(2)
If such applicant is a corporation, the name of the corporation,
the names and residence addresses of its directors or other governing
body, the names and residence addresses of its officers and, except
in the discretion of the Board of Trustees, the stockholders and the
state under the laws of which it is organized.
(3)
The premises to be licensed, stating the street and number,
if the premises have a street and number; otherwise, such description
as will reasonably indicate the locality thereof.
(4)
The name and address of the owner of the building or premises
wherein or whereon the licensed premises is located.
(5)
Whether the applicant is a lessee and, if so, the name and residence
address of the lessor.
(6)
If the applicant does not reside in the Village, the name and
address of an agent who shall be a natural person and shall reside
or have a place of business in the Village and who shall be authorized
to and shall agree by verified statement to accept notices or summonses
issued by the Code Enforcement Officer or the police with respect
to a violation of any local law or rule or regulation thereunder.
(7)
The name and residence address of each person interested or
to become interested in the business to be covered by the license
for which the application is made, together with the nature of such
interests.
(8)
The nature of the applicant's interest in the business
to be covered by the license for which application is made, and the
name of any other person, either as principal or associate, interested
in the licensed premises or in the business to be covered by the license
applied for.
(9)
Whether the person applying for a license has been convicted
of any crime, misdemeanor or violation of any local law or municipal
ordinance and, if the person has been convicted, the nature of the
crime or violation, the court where convicted and the date of the
penalty assessed or sentence imposed.
(10)
Fingerprints of the applicant, and in the case of a corporation
or LLC, the shareholders or members thereof, unless the applicant
has a valid SLA license for said premises.
(11)
A floor plan of the premises drawn to scale showing the location
of the storage of alcoholic beverages and any other flammable products.
D.
If there is any change, after the granting of a cabaret license,
in any of the facts required to be set forth in such application,
a supplemental statement giving notice of such change, duly verified,
shall be filed with the Board of Trustees within 10 days after such
change. Failure to do so shall be cause for suspension or revocation
of the license. In giving any notice or taking any action in reference
to a licensee of licensed premises, the Board of Trustees or the Code
Enforcement Officer may rely upon the information furnished in such
application and in any supplemental statement connected therewith,
and such information may be presumed to be correct and shall be binding
upon a licensee or licensed premises as if correct. This supplemental
statement may be waived by the Board of Trustees in its discretion
for any corporation with regard to stockholders holding less than
10% of the issued stock.
[Added 1-17-2012 by L.L. No. 2-2012; amended 6-20-2017 by L.L. No. 3-2017]
The term of a cabaret license shall be for a period of two years,
commencing on the date of issuance and terminating at the end of two
years. Renewal applications shall be submitted to the Board of Trustees
at least 30 days prior to expiration of the license. Renewals of licenses
shall be effective for the two-year term above described.
[Added 1-17-2012 by L.L. No. 2-2012]
Fees for the cabaret license issued under this chapter shall
be payable annually and shall be based on the number of persons such
place is designed to lawfully accommodate. The table of annual fees
for cabaret, dance hall or theater licenses shall be based on the
capacity in persons and shall be established by the Board of Trustees
by resolution.
[Added 1-17-2012 by L.L. No. 2-2012]
The total fee shall be paid upon submission of the application
for a cabaret license. In the event that a license is denied, an administration
fee of $50 plus the actual cost of legal publication shall be retained
for the processing of such application, and the remainder of the fee
submitted shall be returned to the applicant. No fee or part thereof
shall be returnable if a license is suspended or revoked.
[Added 1-17-2012 by L.L. No. 2-2012]
A.
The grounds for the suspension or revocation of a cabaret license
issued pursuant to this chapter are as follows:
(1)
A misrepresentation or false statement contained in the application
for a license.
(2)
Fraud, misrepresentation or false statement made in the course
of carrying on any business or activity which is licensed.
(3)
The violation of any provision of this chapter or the provisions
of this Code or other ordinance or local law or any statute regulating
the licensed activity.
(4)
Conviction of the licensee of any crime.
(5)
Conducting any business activity which is regulated by the provisions
of this Code or any other law requiring the license in such a manner
as to constitute a breach of the peace or to endanger the health,
safety or general welfare of the public.
B.
If the Board of Trustees shall disapprove an application for license
under this chapter, the Board of Trustees shall cause to be endorsed
upon such application its disapproval thereof and shall attach thereto
a statement of its reasons therefor. The Village Clerk thereafter
shall notify the applicant of such action by regular mail.
[Added 1-17-2012 by L.L. No. 2-2012]
The grounds for the suspension or revocation of a license issued
pursuant to this chapter are as follows:
A.
A misrepresentation or false statement contained in the application
for a license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on any business or activity which is licensed.
C.
The violation of any provision of this chapter or the provisions
of this Code or other ordinance or local law or any statute regulating
the licensed activity.
D.
Conviction of the licensee of any crime.
E.
Conducting any business activity which is regulated by the provisions
of this Code or any other law requiring the license in such a manner
as to constitute a breach of the peace or to endanger the health,
safety or general welfare of the public.
F.
Any series of occurrences which cumulatively has the effect of disturbing
the tranquility of the Village or a part thereof or causes reasonable
apprehension of there being a disturbance of such tranquility.
G.
Violation of any stipulation or condition imposed by the Board of
Trustees upon the granting or renewal of any such license and/or any
stipulation or condition imposed by any Village Board in relation
to the use and occupancy of the property.
[Added 1-17-2012 by L.L. No. 2-2012]
A.
The Village Clerk may suspend any license granted pursuant to this
chapter by the giving of written notice to that effect to the licensee
by registered or certified mail, return receipt requested. The Board
of Trustees shall promptly hold a hearing concerning the facts and
circumstances prompting the suspension and shall continue the suspension
of the license for a fixed period of time or reinstate or revoke the
license.
B.
Any notice to be given by the Board of Trustees under this chapter
shall be deemed to have been duly given when:
(1)
Served personally upon the licensed person or sent by registered
or certified mail addressed to his last known address; or
(2)
In the case of a corporate licensee, served personally upon
an officer of said corporate licensee or sent by registered or certified
mail addressed to an officer thereof at his residence, together with
a copy of the notice by ordinary mail to the address of the licensed
premises; or
(3)
Served personally upon or sent by registered or certified mail to the agent designated under § 103-1.2C(1) and (2); or
(4)
Served in any manner otherwise specifically provided in this
chapter or in any other lawful manner.
[Added 1-17-2012 by L.L. No. 2-2012]
Upon a license for premises hereunder being suspended or revoked,
it shall be unlawful to use or occupy any portion of said premises
as a cabaret during such period of suspension.
[Added 1-17-2012 by L.L. No. 2-2012]
The Board of Trustees shall send notice of the suspension or
revocation to the person licensed hereunder and shall cause to be
attached thereto a statement of its reasons therefor.
[Added 1-17-2012 by L.L. No. 2-2012]
Each cabaret license issued hereunder shall be kept conspicuously
posted at the main entrance of every place licensed hereunder. It
shall be unlawful to remove, deface or alter such license.
[Added 1-17-2012 by L.L. No. 2-2012]
No cabaret 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.
It shall be unlawful for any person to conduct
a parade, motorcade or public assembly in or upon any public street,
sidewalk or alley in the Village or knowingly participate in any such
parade, motorcade or public assembly unless and until a permit to
conduct such parade, motorcade or public assembly has been obtained
from the Board of Trustees.
No permit shall be issued authorizing the conduct
of a parade, motorcade or public assembly which the Village Clerk
finds is proposed to be held for the sole purpose of advertising any
product, goods, wares, merchandise or event and is designed to be
held purely for private profit.
No person shall knowingly join or participate
in any parade, motorcade or public assembly conducted under permit
from the Board of Trustees in violation of any of the terms of said
permit nor knowingly join or participate in any permitted parade,
motorcade or public assembly without the consent and over the objection
of the permittee nor in any manner interfere with its progress or
orderly conduct.
Any person who desires to conduct a parade,
motorcade or public assembly shall apply to the Board of Trustees
for a permit at least 30 days in advance of the date of the proposed
parade, motorcade or public assembly. The Board of Trustees in its
discretion may consider any application for a permit to conduct a
parade, motorcade or public assembly which is filed less than 30 days
prior to the date such parade, motorcade or public assembly is to
be conducted. The application for such permit shall be made in writing
on a form approved by the Board of Trustees. In order that adequate
arrangements may be made for the proper policing of the parade, motorcade
or public assembly, the application shall contain the following information:
A.
The name of the applicant, the sponsoring organization,
the parade, motorcade or public assembly chairman and the address
and telephone number of each.
B.
The purpose of the parade, motorcade or public assembly,
the date when it is proposed to be conducted, the location of the
assembly area, the location of the disbanding area, route to be traveled
and the approximate time when the parade, motorcade or public assembly
will assemble, start and terminate.
C.
A description of the individual floats, marching units,
vehicles and bands.
D.
Such other information as the Village Clerk may deem
reasonably necessary.
A.
Standards for issuance. The Board of Trustees shall
issue a parade, motorcade or public assembly permit, conditioned upon
the applicant's written agreement to comply with the terms of such
permit, unless the Board of Trustees finds that:
(1)
The time, route and size of the parade, motorcade
or public assembly will disrupt to an unreasonable extent the movement
of other vehicular and pedestrian traffic.
(2)
The parade, motorcade or public assembly is of a size
or nature that requires the diversion of so great a number of police
officers of the Village to properly police the line of movement and
the areas contiguous thereto that allowing the parade, motorcade or
public assembly would deny reasonable police protection to the Village.
(3)
Such parade, motorcade or public assembly will interfere
with another parade, motorcade or public assembly for which a permit
has been issued.
B.
Standards for denial. The Board of Trustees shall
deny an application for a parade, motorcade or public assembly permit
and notify the applicant of such denial where:
(1)
The Board of Trustees makes any finding contrary to
the findings required to be made for the issuance of a permit.
(2)
The information contained in the application is found
to be false or nonexistent in any material detail.
(3)
The applicant refuses to agree to abide by or comply
with all conditions of the permit.
A.
In each permit the Board of Trustees may specify:
(1)
The assembly area and time therefor.
(2)
The starting time.
(3)
The minimum and maximum speeds.
(4)
The route of the parade, motorcade or public assembly.
(5)
What portions of streets, sidewalks or alleys to be
traversed may be occupied by such parade, motorcade or public assembly.
(6)
The maximum number of platoons or units and the maximum
and minimum intervals of space to be maintained between the units
of such parade, motorcade or public assembly.
(7)
The maximum length of such parade, motorcade or public
assembly in miles or fractions thereof.
(8)
The disbanding area and disbanding time.
(9)
The number of persons required to monitor the parade,
motorcade or public assembly.
(10)
The number and type of vehicles, if any.
(11)
The material and maximum size of any sign, banner,
placard or carrying device therefor.
(12)
That permittee advise all participants in the parade,
motorcade or public assembly, either orally or by written notice,
of the terms and conditions of the permit prior to the commencement
of such parade, motorcade or public assembly.
(13)
That the parade, motorcade or public assembly continue
to move at a fixed rate of speed and that any willful delay or willful
stopping of said parade, motorcade or public assembly, except when
reasonably required for the safe and orderly conduct of the parade,
motorcade or public assembly, shall constitute a violation of the
permit.
(14)
Such other requirements as are found by the Board
of Trustees to be reasonably necessary for the protection of persons
or property.
(15)
Assessment
of a fee for costs incurred by the Village in relation to the parade,
motorcade or public assembly.
[Added 6-23-2010 by L.L. No. 19-2010]
B.
All conditions of the permit shall be complied with
so far as reasonably practicable.
Any permit for a parade, motorcade or public
assembly pursuant to this chapter may be summarily revoked by the
Board of Trustees at any time when, by reason of disaster, public
calamity, riot or other emergency, the Board of Trustees determines
that the safety of the public or property requires such revocation.
Notice of such action revoking a permit shall be delivered in writing
to the permittee by certified mail or by such other notice as the
Board of Trustees shall designate.
[Added 7-7-2020 by L.L. No. 3-2020]
A.
Any person, association, firm or corporation which violates § 103-1.2A or § 103-2 or assists in the violation of § 103-1.2A or § 103-2 or knowingly submits an application where the contents thereof are not accurate shall be guilty of a violation, punishable:
(1)
By
a fine of not less than $3,000 and not exceeding $6,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense.
(2)
By
a fine of not less than $6,000 and not more than $12,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
second offense within five years of the first conviction.
(3)
By
a fine of not less than $20,000 and not more than $40,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third or subsequent offense of a series of offenses, all of which
were committed within a period of five years.
B.
Every day
that there is a continued violation shall constitute a separate additional
violation.
