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Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
Unless otherwise expressly stated, as used in this article, the following terms shall have the meanings indicated:
MOTION PICTURE
A display on a screen or other device of pictures or objects in motion or rapidly changing scenery, whether or not such display shall be accompanied by a lecture, recitation or vocal or instrumental music.
MOTION-PICTURE THEATER
Any public hall or room in which motion pictures are displayed, in which the seating capacity does not exceed 600 persons and in which there is no stage or scenery.
OPEN-AIR MOTION-PICTURE THEATER
Any public place or space in the open air in which motion pictures are exhibited and in which there is no stage or scenery.
Before the erection, construction or alteration of a building or part thereof to be used as a motion-picture theater, there must be filed with the Superintendent of Buildings the detailed statement of the specifications therefor required by § 265-2B of this chapter. The plans must show clearly and fully the location and width of all aisles, passageways, exits, stairways and fire escapes; the arrangement of seats; the size of floor beams, walls and supports; the location and construction of the enclosure for the motion-picture machinery and other apparatus; a diagram of the lot or plot upon which the theater is to be erected or constructed, showing the outlets from all exits; and such other statements, plans and details as may be required by the Superintendent of Buildings having jurisdiction.
No motion-picture theater as defined aforesaid shall be constructed in a frame building nor in a hotel, multiple dwelling or lodging house, nor in a factory or workshop, except where the theater is separated from the rest of the building by unpierced firewalls and floors, and in no case shall such a theater be constructed or operated above or below the ground floor of any building.
In all motion-picture theaters as defined aforesaid, to be hereafter constructed, the following requirements shall be complied with:
A. 
Ceilings. The ceilings of all theaters and of all rooms used in connection therewith shall be plastered with three coats of first-class plaster on wire mesh or metal lath or covered with 5/8-inch plaster boards, and plastered or covered with metal or equivalent in accordance with state codes. If there is a basement or cellar, the ceiling under the floor of the theater must be plastered with three coats of first-class plaster or wire mesh or expanded metal lath, or may be covered with metal on 5/8-inch plaster boards or equivalent in accordance with state codes.
B. 
Floor loads. The flooring of that portion of the building devoted to the uses or accommodation of the public must be of sufficient strength to bear safely a live load in accordance with state codes.
C. 
Galleries and stairways. A gallery may be permitted, except in a theater constructed on a lot less than 20 feet in width, but it shall not include more than 25% of the total seating capacity of the theater. Entrance to an exit from the gallery shall in no case lead to the main floor of the theater, and the gallery shall be provided with a stairway or stairways equipped with handrails on both sides. Stairways over five feet wide shall be provided with center handrails. The risers of the stairways shall not exceed seven inches, and the treads, excluding noses, shall not be less than 11 inches. There shall be no circular or winding stairways. The total width of the stairways shall not be less than what is in accordance with the state codes. Stairways shall be constructed of fireproof material, and such material and the bearing capacity of such stairways shall be approved by the Superintendent of Buildings.
D. 
Gradients. To overcome any difference of level between corridors, lobbies and aisles in a theater, gradients of not over one foot in 10 feet, or steps having a rise not over seven inches and a width of not less than 11 inches, shall be used.
E. 
Walls. If the walls of the theater contain wooden studs, they shall be covered either with expanded metal lath or wire mesh and plastered with three coats of first-class plaster, or with metal on 5/8-inch plaster boards, or code-approved equal, and all joints shall be properly filled with mortar/spackle.
A. 
Aisles. All aisles in a motion-picture theater or in a gallery thereof must be at least three feet eight inches in the clear.
B. 
Chair space. All chairs in such theater, except those contained in the boxes, must not be less than in accordance with state codes from back to back and must be firmly secured to the floor; no seat shall have more than in accordance with the state code intervening between it and an aisle, and the space occupied by each person shall be separated from the adjoining space by means of an arm or other suitable device.
C. 
Exits. A building to be erected or to be altered for use as a motion-picture theater must be provided with exits in accordance with the New York State Building and Fire Codes.
D. 
Exit passageway to street. In any such building, if an unobstructed exit to a street cannot be provided at the rear thereof as herein specified, either an open court or a fireproof passageway or corridor must be provided, extending from the rear exit to the street front in accordance with the New York State Building and Fire Codes.
E. 
Fire escapes. Galleries must also be provided with exits in accordance with the New York State Building and Fire Codes.
A. 
Apparatus for projecting motion pictures shall be contained in a fireproof booth or enclosure constructed as required by law. The booth in which the picture machine is operated shall be provided with an opening, in its roof or in the upper part of its side walls, leading to the outdoor air, and with a vent flue which shall have a minimum cross-sectional area of 50 square inches and shall be fireproof. When the booth is in use, there shall be a constant current of air passing outward through said opening or vent flue at the rate of not less than state code requirements. The requirements of this section shall apply to portable booths and booths in open-air theaters, as well as to motion-picture theaters.
B. 
Booths will not be required in small auditoriums or meeting rooms where noninflammable films and type of machines are used for projecting pictures.
A. 
All the provisions in this article shall apply to existing places of entertainment where motion pictures are exhibited.
B. 
An existing place of entertainment seating 300 persons or less, where motion pictures are exhibited in conjunction with any other form of entertainment, must comply before a reissuance of its license, with the provisions of §§ 265-95 and 265-96 of this chapter related to theaters seating more than 300 persons. But, if such existing place of entertainment shall discontinue all other forms of entertainment except the exhibition of motion pictures, it may be licensed in accordance with the provisions of Subsection A and the New York State Building Code.
The seating capacity of each open-air motion-picture theater as hereinbefore defined in this article shall be such as shall be prescribed by the Village Board. All such theaters shall conform to the following requirements:
A. 
Aisles. The number and width of all aisles shall be as prescribed by the Village Board, but no aisle shall be less than state code requirements.
B. 
Exits. All exits shall be in accordance with state code requirements.
C. 
Seats. Seats must be stationary, with backs in accordance with the codes a distance apart and so arranged that no seat shall have more than what is in accordance with the code between it and an aisle. Chairs must be either securely fastened to a wood or concrete floor or all chairs in a row must be fastened together, and at least four rows must be securely fastened to one frame; except that where refreshments are served, tables and unattached chairs or benches used with them may be permitted.
D. 
Floors. The floor must be constructed either of wood with sleepers or concrete.
E. 
Other regulations. In addition to the foregoing requirements, the provisions of § 265-91B, D and § 265-92 of this article shall apply to all open-air motion-picture theaters.