Town of Orangetown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted Orangetown Town Board 3-23-1959. Amendments noted where applicable.]
GENERAL REFERENCES
Building, zoning and planning administration — See Ch. 6A.
Conduct — public areas — See Ch. 7A.
Entertainment, public: musical or large groups — See Ch. 11A.
Zoning — See Ch. 43.
This ordinance shall be known and cited as the "Commercial Amusement License Ordinance of the Town of Orangetown."
As used in this ordinance, the following words shall have the following meanings; if no specific definition is set forth herein, all words shall have their usual meanings in the English language:
AMUSEMENT PARK
An area for amusement open to the general public containing structures or open areas in which there are provided amusement rides, amusement devices, including Wild West shows, and places commonly known as "Cowboy Town," "Jungle Town," "Fairyland," etc.
BOWLING ALLEY
An alley for bowling, including any restaurant or refreshment operation in connection therewith.
CARNIVAL
An amusement enterprise with amusement rides, booths, etc.
CIRCUS
An enclosure containing seats or standing room covered by a tent or other structure, for exhibition, acrobatic performances, etc.; also, the company of performers or the performance.
DRIVE-IN THEATER
A theater where the patrons are limited to drive their automobiles into a parking space and to view the performance from their automobiles, whether or not additional seats are provided.
POOLROOM
A public room in which pool and billiards are played and open to the general public.
PUBLIC EXHIBITION
Any public display, including but not limited to works of art, manufacturer's exhibit, commercial exhibit, vaudeville or feats of skill.
SHOOTING GALLERY
A range with targets for practice with firearms, open to the general public and operated primarily for amusement purposes.
SKATING RINK
A building or structure containing an area upon which roller skating or ice skating is permitted, including a skating area whether or not covered by any other structure.
THEATER
An edifice for dramatic performances or spectacles, including motion pictures and television exhibitions; a room adapted to any exhibition or performance before an assembly.
No person, firm or corporation shall conduct, maintain, operate or use any building, plot or parcel of land for the operation, maintenance or conducting of circuses, carnivals, theaters, drive-in theaters, motion-picture-house shows, billiard or pool rooms, bowling alleys, shooting galleries, commercial skating rinks, amusement parks and other similar places of recreation and amusement for money or hire in that portion of the Town of Orangetown outside of the limits of any incorporated village, without having obtained a license therefor from the Town Clerk as hereinafter provided.
A. 
The following fees shall be paid to the Town Clerk for a license as hereinafter set forth:
(1) 
Circuses, carnivals and public exhibitions: $125 per week or any fraction thereof.
[Amended 10-13-1987 by L.L. No. 11, 1987; 10-16-1995 by L.L. No. 13, 1995]
(2) 
Drive-in theaters: $100 per year for a theater having a capacity of less than 1,000 cars and $200 per year for theaters having a capacity of over 1,000 cars.
(3) 
Amusement parks: $500 per year.
(4) 
Commercial skating rinks: $100 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(5) 
Theaters and motion-picture houses: $50 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(6) 
Bowling alleys: $50 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(7) 
Shooting galleries: $50 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(8) 
Billiard parlors and billiard rooms: $50 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
(9) 
All other places of recreation and amusement: $25 per year.
[Amended 10-16-1995 by L.L. No. 13, 1995]
B. 
This section shall not apply to the following: circuses and carnivals operated wholly by and for the benefit of churches, fire companies, schools, fraternal organizations and for other charitable and eleemosynary purposes.
[Amended 5-24-1982 by L.L. No. 6, 1982]
C. 
The applicant must submit to the Town Clerk a statement signed and acknowledged by the owner of the property which constitutes the proposed site for the circus or carnival, or his or her duly authorized agent, granting permission to the applicant to use the said property in the manner described in the license application.
[Added 10-13-1987 by L.L. No. 11, 1987]
[Amended 10-13-1987 by L.L. No. 11, 1987]
Before the Town Clerk shall issue a license for a circus, carnival or public exhibition, the applicant shall make application in writing therefor to the Town Clerk and shall present to the Town Clerk on the form provided with approval of the following governmental departments:
A. 
The Rockland County Health Department, as to the adequacy of the proposed sanitary facilities, sewerage disposal facilities and the adequacy and sufficiency of drinking water.
B. 
The Orangetown Police Department, as to the adequacy of the proposed plan of off-street and highway parking.
C. 
The New York State Labor Department, as to the safety of the equipment.
D. 
The Chief of the Fire Prevention Bureau, as to the adequacy of the proposed seating arrangement and proposed fire protection and proposed fire lanes.
E. 
The Office of the Building, Zoning and Planning Administration and Enforcement. Before the head of the Office of Building, Zoning and Planning Administration and Enforcement shall grant approval, the following conditions must be met:
(1) 
Parking must not be within 10 feet of the property line of abutting residential districts nor within 20 feet of any on-site building or tent.
(2) 
Use should adhere to the yard and height requirements of the bulk table for the applicable zoning district as delineated by the Orangetown Zoning Code.[1]
[1]
Editor's Note: See Zoning. Ch. 43.
(3) 
Access must be from a major or secondary road.
(4) 
A plan should be submitted to the head of the Department, showing a plan of the site, depicting the general area of the site; the location and number of all proposed rides, booths, enclosures, tents and trailers on the site; the proposed seating arrangements; and the proposed fire protection. (Fire protection shall also be approved by the Fire Prevention Bureau.)
[Amended 10-13-1987 by L.L. No. 11, 1987]
A. 
It shall be the responsibility of the applicant to protect and see that any lot or parcel of land used for such circus, carnival or public exhibition is cleared of all debris and rubble within 24 hours after the closing of such circus, carnival or exhibition. Cash or a certified check in the amount of $1,000 shall be posted to ensure compliance with this provision. In addition to the requirements of § 7-5, an application for a license to conduct a circus, carnival or public exhibition must be accompanied by a statement signed by the property owner or duly designated agent and the operator of the circus or carnival agreeing to the provisions of this section and the forfeiture of the security deposit for failure to obtain a certificate of discharge as hereinafter provided.
B. 
Said funds shall be returned to the circus or carnival or public exhibition depositing said funds only upon obtaining a certificate of discharge from the head of the Office of Building, Zoning and Planning Administration and Enforcement. The certificate of discharge shall be granted only after an inspection of the premises by the Building Inspector to ensure compliance with Subsection A of this section.
C. 
If there is not full compliance with Subsection A of this section within 24 hours of the closing of the circus or carnival, then the funds on deposit shall automatically be forfeited to the Town without any further notice.
All applicants for licenses for theaters, motion-picture houses, drivein theaters, amusement parks, commercial skating rinks, bowling alleys, shooting galleries or other similar places of amusement for money or hire shall make application for such license on the form provided by the Town Clerk. The Town Clerk shall require approval in proper form from the following Town or state departments:
A. 
The Zoning Department and Building Department, as to the proper zoning of the property and construction as provided and required by the New York State Building Code.
B. 
The New York State Department of Labor, as to compliance with requirements for places of public assembly.
C. 
The Rockland County Health Department, as to adequacy of proposed sewage disposal and adequacy of drinking water.
D. 
The Police Department, as to adequacy of off-street and highway parking as required by the Orangetown Zoning Ordinance and the Orangetown Police Department.[1]
[1]
Editor's Note: See Ch. 43, Zoning.
E. 
The Building Department, as to the adequacy of proposed fire protection.
No exhibition shall be permitted which openly outrages public decency or seriously imperils the public welfare or which is detrimental to the health, safety, welfare and morals of the people of the Town of Orangetown.
A. 
All applicants for a license for a billiard room or billiard parlor shall make application therefor in writing to the Town Clerk on the form provided and shall also furnish to the Town Clerk approval of the following Town and state departments:
(1) 
The Zoning Department.
(2) 
The Police Department.
B. 
License restrictions and conditions.
[Amended 11-14-1994 by L.L. No. 13, 1994]
(1) 
No public billiard or pocket billiard room or public place of any description in which billiards or pocket billiards are played or which includes any apparatus or paraphernalia for the playing of billiards and which is conducted as a public place of business for profit shall be permitted in the Town unless the license has been granted to the proprietors provided for in this chapter. Notwithstanding anything herein contained to the contrary, a license shall not be required for a public place of business where billiard or pocket billiards are played or may be played on a table which measures not more than three feet by six feet, provided that not more than one such table is in the public place at any one time and further provided that the cue sticks used, and available for use, are made of light plexiglass or some similar light material.
(2) 
The Town Clerk shall not issue a license to any person who has been convicted of a felony or who has not, subsequent to such conviction, received executive pardon therefor or a certificate of good conduct from the Parole Board to remove the disability under this subsection because of this conviction nor to any person who is not a citizen or who has not filed declaration of intention to become a citizen; provided, however, that an Indian who was a freeholder in the State of New York may be granted a license to conduct a public billiard or pocket billiard room without filing a declaration of intention to become a citizen of the United States.
(3) 
Any license granted by the Town Clerk shall specify the name of the licensee, the place where the licensed business is to be carried on and the days on which the license shall begin and expire. The certificate shall be enclosed in a suitable wood and metal frame having a clear glass face in a substantial wood or metal back, so that the whole of such certificate may be seen therein, and shall be posted up and at all times displayed in a conspicuous place in the room or place where the licensed business is carried on so that all persons visiting such room or place may readily see the same. It shall be unlawful for any person to post such certificate or be permitted to post it upon premises other than those for which the certificate was issued or to knowingly deface or destroy any such certificate. Whenever a license certificate shall be lost or destroyed, without fault on the part of the holder or his agents or employees, a duplicate certificate in lieu thereof under the original application bond may be issued in the Town Clerk's discretion.
(4) 
It is unlawful for any person, firm, association or corporation holding said license to permit any dice to be thrown upon a wager of money or property or a prize or any raffle to be made or any game to be played with cards upon a wager of money or property or for a prize or any game of chance to be played or gambling in any matter in the place designated by the license certificate in which the licensed business is to be carried on or in any yard, booth, garden or other place appertaining thereto or connected therewith.
(5) 
It shall also be unlawful to allow or permit the licensed premises to become disorderly or to permit any minor under the age of 16 years to enter or remain in such billiard room or place unless accompanied by his or her parent or legally appointed guardian. The window or windows in such billiard or pocket billiard room must be, at least the lower 1/3 part of such window shall be, of clear glass and shall not be screened or curtained at any time of the day or of the night, nor shall there be any article or thing in the rear of such window or windows so as to prevent a full, clear and unobstructed view of such billiard or pocket billiard room. There shall be no enclosed box or stall or private room, and no partitions forming such boxes or stalls or private rooms shall be permitted. There shall be no interior billiard room not having a principal door or entrance, and such door and all other doors entering such room shall have therein a section of clear glass sufficient to afford a clear view of such billiard room from the outside.
(6) 
It shall be unlawful for the proprietor of such billiard or pocket billiard room to knowingly employ in carrying on the business of such public billiard room any person who has been convicted of a felony and who has not subsequent to such conviction received executive pardon therefor or a certificate of good conduct from the Parole Board to remove the disability under this section because of such conviction or until after one year after the date of the revocation of the license of any person whose license has been revoked under the provisions of this chapter.
(7) 
The word "pool" shall be discontinued as a descriptive word referring to a pocket billiard room or place. Wherever the word "pool" appears on any window, sign, building or stationery, used in connection with a billiard or pocket billiards room or place, it must be changed to read "billiard" or "pocket billiards."
The license issued by the Town Clerk shall provide for operation of the particular amusements licensed to the hours hereinafter set forth:
A. 
Circuses and carnivals may operate from 11:00 a.m. to 11:30 p.m. Theaters, drive-in theaters, motion-picture houses, bowling alleys, amusement parks, shooting galleries, commercial skating rinks and other similar places of recreation and amusement may operate from 8:00 a.m. to 1:00 a.m., except that bowling alleys may remain open until 3:00 a.m., prevailing time, except when a shorter period of operation shall be prescribed by the Zoning Board of Appeals or other Town department having jurisdiction. A public golf course may begin operation one hour before sunrise. Any theater or drive-in theater may continue any show which will have started prior to 1:00 a.m. The last complete show shall not start later than 1:00 a.m.
[Amended 10-13-1987 by L.L. No. 11, 1987]
B. 
Billiard rooms and billiard parlors: Monday through Sunday, 10:00 a.m. to 3:00 a.m.
[Amended 3-23-1992 by L.L. No. 3, 1992; 5-22-1995 by L.L. No. 2, 1995]
A. 
Any license issued hereunder by the Town Clerk may be revoked by the Town Board pursuant to the standards and procedures set forth in § 137 of the Town Law.
[Amended 10-13-1987 by L.L. No. 11, 1987[1]]
[1]
Editor's Note: This local law also provided for the renumbering of Subsection D, Motion-picture ratings, as Subsection B.
B. 
Motion-picture ratings.
[Added 6-22-1970 by L.L. No. 6, 1970]
(1) 
For the purposes of this local law, the Town Board hereby adopts the current voluntary ratings of the motion-picture industry of the various motion pictures exhibited as follows:
(a) 
G: general audience.
(b) 
GP: mature audience, wherein children under the age of 17 can be admitted with parents' or guardians' consent.
(c) 
R: restricted audience, wherein minors under the age of 17 years must be accompanied by their parent or suitable adult.
(d) 
X: audience restricted to persons only over the age of 17 years.
(e) 
The Town Board is hereby authorized by duly adopted resolution to establish such other or different categories or class of motion pictures and the classification thereof as it may deem necessary and proper to safeguard the health, safety and welfare of the residents of the Town of Orangetown substantially the same as the classes described in Subsection B(1)(a) through (d) above as to scope and content.
(2) 
The above classifications are in an ascending order of restrictivity as follows: G, GP, R, X.
(3) 
Where a motion-picture theater is exhibiting a motion picture at any particular time it shall be a violation of this law to show film strips, leaders or any other method of showing actual scenes from said motion picture or of other motion pictures which are more restrictive according to the above scale, or such other scale as may be established by the Town Board by due resolution, than the motion picture being exhibited at the time at which such coming attraction is shown other than the advertising of such coming attraction by title, rating, cast of characters and actors.
(4) 
Any violation of this law shall be punishable as follows:
(a) 
The motion-picture theater operator and/or manager in charge shall be subject to such penalty provided for in § 7-15 of Chapter 7 of the Code of the Town of Orangetown.
(b) 
In addition thereto, upon the failure or refusal of a theater operator and/or manager to cease and desist from the continued showing of such prohibited film strip, leader or other method of showing actual scenes of such coming attractions within 24 hours after written notice by the Town Clerk to said theater manager and/or operator to cease and desist such showing, and which notice being duly served, in person, upon the offending theater operator, manager and/or person in charge thereof, the license to operate a theater may be suspended for such period as the Town Board may direct, not exceeding 30 days, after due hearing held by the Town Board at a special or regular meeting on the date specified in said notice to cease and desist. Such suspension may be made irrespective of the fact that at the time of the actual hearing such film strip, leader or other method of showing actual scenes is no longer being exhibited, provided that there actually was a failure to cease and desist the exhibiting of such film strip, leader or any other method of showing actual scenes beyond the date specified in said notice to cease and desist.
(c) 
Any theater operator or manager whose theater license has been suspended pursuant to this law may, as provided for in Article 78 of the Civil Practice Law and Rules, seek a judicial review in a court of competent jurisdiction of such suspension of the motion picture license as suspended hereunder.
(5) 
Any theater operator and/or manager who desires to show a film strip, leader or any other method of showing actual scenes as a coming attraction of a motion picture which is in a restrictive category may, at least three weeks prior to the actual showing thereof simultaneously with a less restrictive motion picture, submit to the Town Clerk a written summary of such film strip, leader or any other method of showing actual scenes of a coming attraction. The Town Clerk shall report on the same to the Town Board at the next regular or special meeting to be held by the Town Board. The Town Board may continue such restrictive rating or waive such restriction. A failure or refusal of the Town Board to act thereon shall be deemed to be a waiver thereof and permitting the exhibition of such filmstrip, leader or any other method of showing actual scenes of coming attractions, irrespective of the rating of such film.
(6) 
This amendment is in addition to and not in limitation of any penalties, duties or obligations of any licensee pursuant to this chapter.
(7) 
Severability. If any part or provision of this local law or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances. The Town Board hereby declares that it would have enacted the remainder of this local law even without such part, provision or application.
(8) 
The prohibition provided in this local law concerning the showing of filmstrips, leaders or any other method of showing actual scenes from motion pictures as a coming attraction shall not apply after 10:00 p.m. on any night.
(9) 
This amendment shall take effect immediately upon adoption hereof.
[Amended 10-13-1987 by L.L. No. 11, 1987]
In the event of a refusal of any license by the Town Clerk, the applicant may apply to the Town Board for a review of the Town Clerk's decision pursuant to the provisions of § 137 of the Town Law of the State of New York.
The Town Clerk may also refuse a license to any person, firm or corporation who or which, in his judgment, shall be undesirable or incapable of properly conducting the trade or business desired and also may refuse a license if the applicant or any officer, if the applicant be a corporation, shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to carry on the purpose for which the license is sought.
All portions of all ordinances of the Town of Orangetown inconsistent herewith are hereby repealed, except that nothing herein shall in any manner be construed so in any way to alter or repeal any of the provisions of the Zoning Ordinance relating to the use of property in the Town of Orangetown.[1]
[1]
Editor's Note: See Ch. 43, Zoning.
[Amended 2-28-1972 by L.L. No. 4, 1972; 10-16-1995 by L.L. No. 13, 1995]
Any person, firm or corporation who or which shall violate any provision of this ordinance shall be guilty of a violation against this ordinance and shall be subject to a fine not to exceed $750.
This ordinance shall take effect immediately upon adoption, publication and posting, as required by law.