[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 9-17-1979 by L.L. No. 10-1979, effective 10-15-1979. Amendments noted
where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 48.
Cabarets, bars, discotheques and places of entertainment — See Ch. 50.
Handbills — See Ch. 75.
Littering — See Ch. 81.
Peace and good order — See Ch. 90.
Peddling and soliciting — See Ch. 92.
Zoning — See Ch. 138.
Schedule of fees — See Ch. A142.
This chapter shall be known and may be cited as the "Amusements and
Entertainments Law of the Incorporated Village of Sea Cliff."
For the purposes of this chapter, the terms used herein are defined
as follows:
An amusement enterprise with amusement rides, booths for games of
skill, shows and the like usually conducted in an open area.
An enclosure containing seats or standing room covered by a tent
or other structure, for exhibition, acrobatic performances and the like; also,
the company of performers and the performance itself.
A mechanical device for the conveyance of people, animals, materials
or any combination thereof, operated or driven upon streets by any power other
than muscular power.
A social dance, held either indoors or outdoors, to which the general
public is invited and for which an admission fee may or may not be charged.
Any public display, whether for sale or not, including but not limited
to works of art, manufacturer's exhibits, commercial exhibits, vaudeville
shows, feats of skill, arts and crafts exhibits, used articles, foods and
booths for the sale of souvenirs, refreshments and the like.
A motor vehicle, generally a truck, equipped with sound amplification
equipment and used for the purpose of making public announcements.
An edifice for dramatic or other performances, including live performances,
concerts, motion pictures and radio and television performances or programs;
also, a room adapted for any such performance before an audience.
No person shall conduct, maintain or operate, or use any building or
parcel of land for the conduct, maintenance or operation of, any circus, carnival,
theater, public exhibition, public dance, sound truck or loudspeaker without
first having obtained a license therefor from the Mayor as hereinafter provided.
The fee for and duration of such license shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application, which shall be in writing and shall be filed with the Village Clerk. The form for such application shall be as prescribed by the Village Clerk and approved by the Mayor.
A.
Circus, carnival or public exhibition.
(1)
Before the Mayor shall issue a license for a circus,
carnival or public exhibition, the applicant shall obtain the following:
(a)
Proof of adequate liability and property damage insurance.
(b)
Evidence of approval by New York State Department of
Labor, Bureau of Enforcement, as to safety of mechanical rides.
(c)
Approval of the Superintendent of Public Works as to
the following:
(2)
It shall be the responsibility of the applicant to protect
and see that any building 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 public exhibition. To ensure compliance
with this provision, the applicant may be required to post cash, or a certified
check payable to the order of the Incorporated Village of Sea Cliff, or a
bond issued by an indemnity company authorized to do business in New York
State and naming the Incorporated Village of Sea Cliff as an insured, in an
amount to be determined by the Mayor.
(3)
No circus, carnival or public exhibition shall be conducted
between the hours of 1:00 a.m. and 9:00 a.m.
(4)
The Mayor is authorized in his discretion to grant a
free license for any circus, carnival or public exhibition which is conducted
by a religious, educational or charitable organization or where the proceeds
are to be devoted to any religious, educational, charitable or other benevolent
purpose or object.
B.
Theater or public dance.
(1)
Before the Mayor shall issue a license for a theater
or public dance, the applicant shall obtain the following:
(a)
Proof of adequate liability and property damage insurance.
(b)
Approval of New York State Department of Labor as to
compliance with requirements for places of public assembly.
(c)
Approval of Nassau County Health Department as to the
adequacy of any proposed waste disposal and drinking water supply.
(d)
Approval of the Nassau County Police Department as to
the adequacy of any proposed plan for highway parking.
(f)
Certification by the Building Department as to the proper
zoning of the property and construction as provided and required by the New
York State Building Code.
(2)
No theater shall be conducted between the hours of 2:00
a.m. and 9:00 a.m. No public dance shall be conducted between the hours of
2:00 a.m. and 1:00 p.m.
(3)
The Mayor is authorized in his discretion to grant a
free and/or indefinite license for any theater or public dance conducted by
a religious, educational or charitable organization where the proceeds are
to be devoted exclusively to any charitable, benevolent or religious purpose
or object.
C.
Sound truck or loudspeaker.
No circus, carnival, public exhibition, theater or other activity licensed
hereunder 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 Village of Sea Cliff.
The Mayor may refuse a license to any person who, in the Mayor's judgment,
shall be undesirable or incapable of properly conducting the activity for
which the license has been requested and also may refuse a license if the
applicant, or any officer thereof if the applicant is a corporation, shall
have been convicted of a misdemeanor or felony which, in the judgment of the
Mayor, renders the applicant unfit or undesirable to carry on the activity
for which the license has been requested.
In the event of revocation of any license issued hereunder by the Mayor
or in the event of refusal of the Mayor to issue a license, the applicant
or licensee may apply to the Village Board for a review of the Mayor's decision.
