[HISTORY: Adopted by the Town Board of the Town of Yorktown 4-29-1975
as Ch. 40 of the 1975 Code. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town of Yorktown, New
York, that, in order to preserve public peace and good order and to safeguard
the health, safety, welfare and morals within the unincorporated area of the
Town of Yorktown, it is necessary to regulate and control the licensing, operation
and conduct of places of public assembly conducted as dance halls, discotheques
or places where dancing is permitted so as to fix certain responsibilities
and duties upon persons owning, operating or controlling such establishments.
It shall be unlawful for any person or persons, firm, partnership, corporation
or association to conduct, operate or maintain within the Town of Yorktown
a dance hall or place where dancing is permitted for which a fee is charged
as a condition of admittance thereto or for the privilege of dancing without
a license for that purpose first being secured from the Town Board as hereinafter
provided.
Application for such license shall be made, in writing, on forms provided
by the Town Clerk and shall designate the location of such dance hall, the
name of the owner of the premises, the approximate number of square feet in
the room or rooms to be used for dancing purposes and the name and address
of the applicant. If the applicant is a club or organization, the application
shall contain the names and addresses of the officers thereof. Such application
shall be accompanied by the license fee hereinafter required.
Upon receiving an application for a license, as required by the preceding
section, the Town Clerk shall immediately submit the application to the following:
the Town of Yorktown Police Department, the Building Inspector and the Fire
Marshal. The application shall not be considered for approval by the Town
Board until and unless a favorable report, in writing, from each of the named
officials shall have been received. In connection therewith, the Town of Yorktown
Police Department shall satisfy itself as to the good moral character of the
applicant and the moral and public safety hazards involved; the Fire Marshal
as to the fire hazards; the Building Inspector as to the safety of the structure
in which the dances are to be conducted and as to compliance with state and
local sanitary and health laws. No office to whom the application is submitted
for a report and recommendations shall delay action thereon more than 30 days
from the time he has received the same.
If the Town Board is satisfied from its investigations and the reports
of the above-named individuals that the applicant for such license is a proper
person and of good character, that the premises sought to be licensed is of
such a nature as to be safely used for the purpose of conducting dances therein
and that the conduct and operation of said dance hall will not unreasonably
disturb or annoy the owners and occupants of the premises in the vicinity
thereof, said Town Board shall direct the Town Clerk to issue to such applicant
a license for such dance hall upon payment by the applicant to the town of
the fees hereinafter provided.
The Town Board may, in granting any license hereunder, provide for and
impose such conditions and regulations as to the conduct of said dances as
it may deem proper for the safety, health, welfare and morals of the patrons
thereof and of the residents of the Town of Yorktown, including but not limited
to requirements for off-street parking and the lighting of the same and uniformed
security guards.
Any license granted pursuant hereto shall not be transferable and shall
be and remain in full force for the term of one year from the date of issuance,
unless sooner revoked, as hereinafter provided. At the expiration of said
year, the license may be renewed for a further period of one year upon the
payment of the license fee hereunder and the filing and approval of a new
application, in accordance with the procedure set forth herein, at least 30
days and not more than 60 days prior to expiration.
[Amended 2-11-1980 by L.L.
No. 2-1980; 2-2-1982 by L.L.
No. 2-1982; 12-6-1983 by L.L.
No. 16-1983; 12-18-1990 by L.L.
No. 25-1990]
A.
The annual license fee under this chapter shall be as
follows:
(1)
Associates, corporations or organizations incorporated
as associations not for pecuniary profit under the laws of the State of New
York, where the revenue derived is used for the support of association and
for the benefit of the individual members thereof: $100.
(2)
Premises licensed pursuant to the provisions of the New
York State Alcoholic Beverage and Control Law: $500.
(3)
All others: $250.
B.
No license shall be demanded or received hereunder for
the conduct of dances sponsored by and under the direct supervision of churches,
service clubs, veterans' associations and schools located within the Town
of Yorktown.
A license issued under this chapter shall be subject to suspension or
revocation by the Town Board for any disorderly or immoral conduct permitted
or suffered on the premises under the control of the licensee or for the violation
of any of the provisions of this chapter or of the rules and regulations promulgated
hereunder. Such suspension or revocation shall be had only after a public
hearing if it is found that the holder of such license has violated any provision
of this chapter. Such hearing shall be held after a written notice of the
same is given to the licensee at least five days before such hearing and directed
to the last known address of said licensee.
[Amended 12-18-1990 by L.L.
No. 25-1990]
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by imprisonment for a term not exceeding
15 days or by a fine not exceeding $500.
