Village of Hempstead, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Street assemblies — See Ch. 116, §§ 116-7 and 116-8.
As used in this chapter, the following terms shall have the meanings indicated:
CABARET
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]
MOTORCADE
An organized procession, except funeral processions, upon any public street, sidewalk or alley.
PARADE
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.
PUBLIC ASSEMBLIES
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.
F. 
To adopt such reasonable rules and regulations as it may deem necessary for:
(1) 
The proper control, operation and supervision of places of assembly.
(2) 
The manner, procedure and notice of hearings before the Board of Trustees.
[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.