[HISTORY: Adopted by the Council of the City of New Rochelle 1-21-2003
by L.L. No. 2-2003. Amendments noted where applicable.]
[Amended 12-6-2005 by L.L. No. 4-2005]
The City Council of the City of New Rochelle hereby adopts this Cabarets
and Catering Establishments Code in order to properly regulate and control
the operation and supervision of premises and businesses within the City which
provide musical entertainment and/or dancing.
Whenever used in this chapter the following terms shall mean:
Any room, place or space in which any musical entertainment and/or
dancing by performers and/or by patrons is permitted in connection with a
restaurant business or in connection with the business of directly or indirectly
selling food or drink to the public, except eating or drinking places not
designed, built or used for dancing which provide musical entertainment either
by mechanical devices or by not more than three persons. Cabarets shall be
classified and licensed as "Primary Cabarets" and "Accessory Cabarets" as
defined herein.
[Amended 12-6-2005 by L.L. No. 4-2005]
A Cabaret in which the musical entertainment and/or dancing do not,
in the aggregate, occupy more than 40% of the Net Floor Area of the principal
business of a restaurant and/or restaurant/bar.
[Added 12-6-2005 by L.L. No. 4-2005]
A Cabaret in which the musical entertainment and/or dancing, in the
aggregate, occupy more than 40% of the Net Floor Area of the premises.
[Added 12-6-2005 by L.L. No. 4-2005]
The administrative board which may suspend or revoke a license issued
under this chapter, consisting of the Police Commissioner, Fire Commissioner,
and Commissioner of Development.
Any room, place or space in the City, which is used, leased or hired
out or for the business of serving food or beverages for a particular function,
occasion or event, to which the public is not invited or admitted and wherein
musical entertainment and/or dancing are permitted.
[Amended 12-6-2005 by L.L. No. 4-2005]
City of New Rochelle.
The Police Commissioner of the Police Department of the City of New
Rochelle.
The Police Department of the City of New Rochelle.
A person employed in any capacity or title in connection with a Cabaret
or Catering Establishment, including the licensee and any and all persons
responsible for the control or management thereof. It shall also include a
concessionaire and each person employed by such concessionaire.
[Amended 12-6-2005 by L.L. No. 4-2005]
That floor area of a premises open to the public not including bathroom
facilities.
[Added 12-6-2005 by L.L. No. 4-2005]
An individual, corporation, club, partnership, association, legal
entity, society, or any other organized group of persons, and shall include
officers, directors and trustees of a corporation, club, association of society.
A.
It shall be unlawful for any person to conduct, maintain
or operate, or engage in the business of conducting, maintaining or operating
a Cabarets or Catering Establishment unless the premises wherein the same
is conducted, maintained or operated are licensed in the manner prescribed
herein. The application for a license or renewal thereof, and the license
issued thereon, shall specify whether the business is a Primary Cabaret or
Accessory Cabaret, as defined herein.
[Amended 12-6-2005 by L.L. No. 4-2005]
B.
A membership corporation, club, association or society
which permits musical entertainment and/or dancing in premises wherein food
or drink is directly or indirectly, through cover charge or otherwise, sold
to its members, or their guests, or to the public, shall be deemed to be conducting
a Cabaret hereunder.
[Amended 12-6-2005 by L.L. No. 4-2005]
C.
All applicants for licenses required by the provisions of this chapter and holders of concessions on premises requiring such license shall be fingerprinted. If the applicant is a partnership, all members of the partnership shall be fingerprinted. Except in the discretion of the Commissioner, if the applicant is a corporation, club, association, society or other organized groups of persons, all officers, directors, stockholders and other persons owning more than 10% of the outstanding stock of the corporation shall be fingerprinted, except for a day license issued under § 120-5 below.
[Amended 12-6-2005 by L.L. No. 4-2005]
A.
The Commissioner may refuse to issue or renew a license
to an applicant upon the occurrence of any one or more of the following conditions.
In addition, occurrence of any one or more of the following conditions shall
be deemed a violation of this Chapter:
(1)
The applicant, licensee, its officers, principals, directors
or stockholders owning more than 10% of the outstanding stock of the corporation
have not submitted complete and accurate information required by the Department
in connection with:
(2)
The premises on or in which the licensed business is
to be conducted, maintained or operated is not in compliance with the health,
fire, buildings, zoning, water, gas and electricity safety requirements and
standards established by the laws of the City of New Rochelle, the County
of Westchester, and the State of New York or any other governmental authority
having jurisdiction thereof.
(3)
There is no current certificate of occupancy to operate
the business for which the license is sought.
(4)
There is no Public Assembly License for the premises
on or in which the licensed business is to be conducted, maintained or operated.
No Cabaret may be conducted, maintained or operated in any premises with a
Public Assembly limit of less than 50 persons.
(5)
The applicant, licensee, its officers, principals, directors
or stockholders have not complied with the regulations of the Commissioner
or have violated any of the provisions of this chapter.
(6)
The applicant, licensee, its officers, principals, directors
or stockholders owning more than 10% of the outstanding stock of the corporation
have been convicted of:
(a)
Any offense which is a felony under the laws of this
state or a crime committed in violation of the laws of any other jurisdiction
which if committed in this state would be a felony;
(b)
Any offense which is a misdemeanor related to and/or
involving the premises on or in which the licensed business is to be conducted,
maintained or operated.
(7)
The applicant, licensee, its officers, principals, director or stockholders owning more than 10% of the outstanding stock of the corporation have suffered or permitted the premises on or in which the licensed business is to be conducted, maintained or operated through improper or inadequate maintenance and supervision, to be used for the commission of any of the offenses set forth in § 120-4A(6); and/or to be used, on three or more separate occurrences in any given twelve-month period, for the unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of 21 years of age as prohibited under § 65-c of the Alcoholic Beverage Control Law, and/or the commission of other conduct prohibited under federal, state, county, and/or City law.
(8)
The applicant, licensee, its officers, principals, directors
or stockholders owning more than 10% of the outstanding stock of the corporation
have not paid, within the time permitted by law, any fine, penalty or judgment
duly imposed in connection with or arising from the use, occupation or operation
of the premises on which the licensed business is to be conducted, maintained
or operated.
(9)
The applicant, licensee, its officers, principals, directors
or stockholders owning more than 10% of the outstanding stock of the corporation
have suffered or permitted individuals of less than 18 years of age to commercially
promote use of the premises as a Cabaret and/or Catering Establishment.
(10)
The applicant, licensee, its officers, principals, directors or stockholders owning more than 10% of the outstanding stock of the corporation have been enjoined against operation of the Cabaret or Catering Establishment and/or civil penalties have been assessed in connection with or related to such injunction, all pursuant to Chapter 257, Property and Building Nuisances, of the New Rochelle City Code.
(11)
If the premises is licensed as an Accessory Cabaret and
the principal business is a restaurant and/or restaurant/bar, the restaurant
is not open for business with a full menu and waitstaff at least 60% of the
hours the premises is open to the public for business.
(12)
If the premises is licensed as an Accessory Cabaret and
dancing is provided by performers and/or patrons, the dance floor is not demarcated,
the dance floor occupies more than 40% of the net floor area of the premises,
and/or the dancing is not limited to such demarcated area.
B.
Each applicant and licensee shall notify the Department in writing by registered mail, return receipt requested, within three business days of receipt of notice of service of a summons for a violation relating to the operation of the business licensed or to be licensed or to the premises on or in which the business licensed or to be licensed is to be conducted, maintained or operated and of a conviction for any offense set forth in § 120-4A hereof occurring after the filing date of the application for a license or a renewal thereof or occurring during the term of the license.
C.
In the manner prescribed in Rule 318 of the Civil Practice
Law and Rules, each applicant or licensee shall designate an agent, a substitute
agent and a successor agent located within the City of New Rochelle for receiving
service of process and communications from the Department. Proof of such designation
shall be filed with the license application at the Department.
D.
Each applicant and licensee shall produce floor plans
for the premises showing the aggregate percentage of the premises devoted
to musical entertainment and dancing and the location of the dance floor,
if any.
E.
Each applicant and licensee shall produce its safety
evacuation plan and its security plan, including but not limited to the adequacy
and number of security personnel employed and/or retained on the licensed
premises to the Department at the time of application for a license hereunder
and at any other time on request of the Department. Each applicant and licensee
shall maintain on the licensed premises a list and pedigree of all security
personnel who are currently and who have worked for the preceding twelve-month
period on the licensed premises and shall produce such list and photographs
to the Department at its request. All security personnel employed and/or retained
on the licensed premises shall be registered with the Department of State
pursuant to Article 7-A, Security Guard Act, of the General Business Law.
[Amended 12-6-2005 by L.L. No. 4-2005]
A day license may be issued by the Commissioner for a premises which
is used as an Accessory Cabaret for not more than three days in a calendar
year. A day license shall be valid only one day. The requirements for obtaining
a day license shall be the same as set forth in this chapter, except that
no fingerprinting shall be required and the license fee shall be charged per
day.
This chapter shall not apply to premises owned, occupied, and used exclusively
by a religious, charitable, fraternal, eleemosynary or educational corporation
or institution.
A.
The license herein prescribed shall be issued by the Commissioner. Application for such license shall be made on a form containing such information as may be determined by the Commissioner, and shall be certified to by the applicant. The license shall be renewed every 12 months. The fee for each cabaret, public dance hall, or catering establishment license shall be as set forth in Chapter 133, Fees.
B.
If additional rooms are to be used independently by the
same applicant in the same premises as a Cabarets or Catering Establishment,
the applicant shall indicate on the application the location of each and every
room or space which is to be used for such purpose. In such cases a separate
license shall be required for each such additional independent room or space,
and the fee for each such independent additional room or space shall be $100.
[Amended 12-6-2005 by L.L. No. 4-2005]
C.
A partial fee in an amount equal to one-third of the
applicable license fee shall be paid upon filing of an application for a license
herein prescribed, in order to defray the cost of processing the application,
and shall not be refundable. The processing fee shall be applied against the
fee to be paid for the issuance of such license as provided herein.
Each license issued hereunder shall be kept posted at the main entrance
of every place licensed hereunder.
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.
If, during the term of the licensing period, one or more directors,
stockholders or officers of a corporate license are substituted or added,
such substituted or added directors, stockholders or officers shall, within
five days of such substitution or addition, file with the Commissioner an
application for an approval of the change of directors, stockholders or officers
on such forms as are prescribed by the Commissioner. A waiver of this provision
may be granted in the discretion of the Commissioner to any corporation with
regard to stockholders holding less than 10% of the issued stock.
[Amended 12-6-2005 by L.L. No. 4-2005]
The Commissioner is authorized to adopt such reasonable rules and regulations
as he or she may deem necessary, subject to approval of the City Council,
for the proper control, operation, and supervision of Cabarets and Catering
Establishments. Such rules and regulations shall include but not be limited
to that information required to be supplied in the application for a license
hereunder, including but not limited to a list of the applicant's officers,
principals, directors or stockholders owning more than 10% of the outstanding
stock of the corporation. Each licensee shall receive a copy of such rules
and regulations on issuance of a license.
[Amended 12-6-2005 by L.L. No. 4-2005]
A.
The Cabaret Review Board may suspend or revoke a license, after a hearing held before the Cabaret Review Board on at least five days' written notice of the same to the licensee directed to its last known address, if it is found that the licensee, its officers, principals, directors, agents or employees or, in a closely held corporation, stockholders, have engaged in conduct that would constitute grounds for denying the issuance or renewal of a license pursuant to § 120-4 of this chapter.
B.
Upon application to the Cabaret Review Board and prior to the reinstatement or reissuance of a suspended or revoked license, the licensee, with the Cabaret Review Board's approval, may, upon payment of the full fee as specified in § 120-7 of this chapter, be permitted to operate for six months on a probationary license. At the end of such six-month period, the license may be reinstated or reissued unless the Cabaret Review Board finds that the licensee, its officers, principals, directors, agents or employees or, in a closely held corporation, stockholders, have engaged in conduct that would constitute grounds for denying the issuance or renewal of a license pursuant to § 120-4 of this chapter. Upon a finding of such conduct, the probationary license shall be revoked and may not be reissued for a period of one year, and the prorated balance of the probationary license fee shall be refunded to the probationary licensee.
A.
A violation of any of the provisions of this Chapter
shall, upon conviction thereof, be punishable by a fine not to exceed $2,000
for each offense or by imprisonment for each offense for a period not exceeding
15 days, or by both such fine and imprisonment. Each day's operation of a
Cabaret or Catering Establishment without the license required by this Chapter
and/or in violation of any provision of this Chapter shall be deemed a separate
offense.
[Amended 12-6-2005 by L.L. No. 4-2005]
