[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 12-16-1991 by L.L. No. 4-1991. Amendments
noted where applicable]
It is hereby declared the policy of the Village
of Sea Cliff that in order to preserve public peace and good order
and to safeguard health, safety, welfare and morals, it is necessary
to regulate and control the operations and conduct of places conducted
as cabarets, bars, discotheques and places of entertainment so as
to fix certain responsibilities and duties of persons owning, operating
or controlling such establishments. This entire chapter shall be deemed
an exercise of the police power of the State of New York and of the
Village of Sea Cliff for the protection of the economic and social
welfare, health, peace and morals of the people of the Village of
Sea Cliff, and all of its provisions shall be liberally construed
for the accomplishment of that purpose.
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, discotheque or similar place of entertainment
within the Village of Sea Cliff, unless the premises wherein the same
is conducted, maintained or operated is licensed in the manner prescribed
herein.
B.
Prerequisite to the application, the premises must have a valid and currently effective certificate of occupancy or certificate of preexisting use authorizing the use and occupancy of the premises as a bar, restaurant or other similar type of business legally permitted by and operating in accordance with Chapter 138, Zoning, of the Code of the Village of Sea Cliff.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person applying for a license under this chapter.
Any place of public assembly in which the business of directly
or indirectly selling and/or serving drink and/or food to the public
is conducted and in which there is no dancing in a designated area
or music, whether live or mechanical, other than incidental musical
entertainment. If or when such business or premises shall engage in
any business or conduct which falls within the definition of "cabaret"
or "discotheque" or other similar or equivalent business, activity
or place of entertainment, it shall be required to obtain a license
pursuant to this chapter.
Any place of public assembly in which the business of directly
or indirectly selling and/or serving food and/or drink is conducted
and in which any form of entertainment, whether live or mechanical,
singing, dancing in a designated area or other form of amusement is
also permitted, but shall not include a business or premises conducted
strictly as a bar or lounge as the same is defined herein.
Any place of public assembly in which the business of directly
or indirectly selling and/or serving food, drinks and/or beverages
to the public is conducted and in which dancing is carried on by any
musical entertainment and to which the public may gain admission either
with or without the payment of a fee, but shall not include a business
or premises conducted strictly as a bar or lounge as the same is defined
herein.
A door of solid construction capable of diffusing and diminishing
noise, either natural or mechanical, loud conversations or profane
utterances or disturbing noises produced by a television set, radio,
record player, jukebox or other mechanical device on the property
or loud or boisterous singing or shouting which disturbs or intrudes
the tranquility and peace of the immediate neighborhood and which
carries outside of the building and/or which may be offensive to passersby.
Music which is either live or provided by mechanical devices
and kept at such volume that all persons at the premises are able
to speak in a modulated voice and be heard by others with whom they
are conversing over the background music.
Any individual or partnership, firm, club, corporation, association,
society or any other organized group of persons, including the officers,
directors, stockholders and trustees of a club, corporation, association
or society.
Any room, place or space which is occupied or arranged to
be occupied for recreational, amusement, social, sports or similar
purposes, or any building, shed or enclosure, whether indoor or outdoor,
coming within the occupancy and other similar classifications of this
chapter, as determined by the officer charged with the enforcement
of this chapter. For the purposes of interpretation, the term "public
assembly," where used in this chapter, shall include the term "public
assembly," as may be used in other codes, laws, ordinances, rules
or regulations as may be applicable in the Village of Sea Cliff.
Every applicant for a license shall file with
the Village Clerk a statement signed and sworn to, by an individual,
by all partners if a partnership and by the president or other duly
authorized officer if a corporation, containing the following information:
A.
The name, age and residence address of each applicant
and, if there are more than one and they are partners, the partnership
name and the age and residence address of each partner.
B.
If such applicant is a stock corporation, the names
and residence addresses of its directors or other governing body,
the names and residence address of its officers and, except in the
discretion of the Village Board, the stockholders and the state under
whose laws it is organized.
C.
The premises to be licensed, stating the street and
number if the premises has a street and number, and otherwise such
description as will reasonably indicate the location thereof.
D.
The name and address of the building or premises wherein
or whereon the licensed premises is located.
E.
Whether the applicant is a lessee and, if so, the
name and residence address of the lessor.
F.
If the applicant does not reside in the Village of
Sea Cliff, the name and address of an agent, who shall be a natural
person and who shall reside or have a place of business in the Village
of Sea Cliff and who shall be authorized and shall agree by verified
statement to accept notices or summons issued by the Village Board
or its designated employee or officer with respect to violations of
any law or ordinance or any rules or regulations thereunder which
are enforceable by said employee or officer.
G.
A statement that the person applying for the license
has not been convicted of any crime, misdemeanor or violation of any
local law or ordinance of the Village of Sea Cliff, other than traffic
and parking violations or, if the person has been convicted, the nature
of the crime and violation, the court where convicted, the date of
the penalty assessed and said penalty.
H.
The precise purpose and the precise nature of the
business to be conducted for which the license is sought, including
the days and times when such proposed activity is to be conducted;
the location within the establishment where dancing is proposed to
take place; the location within the establishment where the entertainment,
show and/or equipment for the conduct of the proposed activity is
to be placed; and the number of tables and/or seats if any which will
be displaced by the proposed conduct or activity.
I.
Where the application is for a license for a place
engaging in the sale of food or beverages, the applicant must present
with the application a certification of approval by the Nassau County
Department of Health.
J.
The maximum number of occupants, as determined by
the Nassau County Fire Marshal and the Building Inspector.
K.
A description of the physical characteristics and
appurtenances of the premises where the proposed business is to be
conducted.
L.
Such other information as the Village Board may determine
shall be furnished.
The license to conduct, maintain, operate or
engage in any of the aforesaid businesses or activities shall be issued
only after the Village Board or its duly designated employee or officer
shall have caused, at the option of the Board of Trustees, an inspection
to be made of the premises to be licensed and is satisfied that such
premises complies with all laws and ordinances that may be applicable
thereto, including any rules and regulations promulgated thereunder
and such laws, rules and regulations enforceable by any governmental
authority.
A.
The Village Board shall thereafter hold a public hearing
on the application on at least 10 days' notice, provided in the same
manner as a hearing held before the Zoning Board of Appeals.
B.
At such hearing, the applicant shall demonstrate that:
(1)
The statements contained in the application are true.
(2)
The premises described in the application comply with
the requirements of this chapter and the laws, rules and regulations
of the State of New York, County of Nassau and Village of Sea Cliff
and is otherwise suitable as to its construction and location for
the proposed business or activity and that the granting of such application
is consistent with the public safety and welfare.
(3)
The premises are properly and adequately equipped
and screened from public view so as not to be inimical to the health,
safety or welfare of patrons thereof or of the public at large.
(4)
The premises where the proposed business or activity
is to be located is sufficiently soundproofed to prevent any sounds
or noise which may be produced from being heard beyond the property
lines of the parcel upon which the proposed business or activity is
to be located.
(5)
The applicant (if a corporation, the holders of a
majority of its capital stock), including any person having a direct
or indirect interest in the ownership of the proposed business or
activity or in the operation or management thereof, within the past
five years has not been convicted of a misdemeanor, felony or violation
relating to the operation of a similar business or activity which,
in the judgment of the Village Board, renders such person unfit, undesirable
or incapable of properly operating or managing the proposed business
or activity.
C.
If after such hearing the Village Board shall find
from a preponderance of the evidence that the foregoing facts have
been established, it shall direct the Village Clerk to issue the license
applied for, subject to such conditions as shall be directed by the
Board of Trustees.
D.
If after the hearing the Village Board shall find
that the foregoing facts have not been established by the evidence,
the application shall be denied. The decision of the Village Board
upon such hearing shall be final.
If the Village Board shall disapprove an application
for a license under this chapter, it shall cause to be endorsed upon
such application its disapproval thereof and shall attach thereto
a statement of its reasons therefor. The Village Clerk shall thereafter
notify the applicant of such action by regular mail.
[Amended 7-13-2009 by L.L. No. 6-2009]
The term of all new, existing and renewal licenses
shall be for a period of three years, commencing on February 1 and
terminating at the end of January in the third year of the new, existing
or renewal license. An original or existing license shall be effective
from the date the license is granted to the end of the month of January
in the third year of the license. Renewals of licenses shall be effective
for the three-year term described herein.
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, discotheque or similar place of entertainment
at any bar, lounge, restaurant or other similar or equivalent business,
premises or place of entertainment within the Village of Sea Cliff
on a special temporary basis, as hereinafter defined, unless the premises
wherein the same is conducted, maintained or operated is licensed
in the manner prescribed in this section.
B.
A special temporary license may be issued on a special
temporary basis, which is hereby defined as no more than three consecutive
days with at least 30 days between the effective dates of any two
such licenses for the same premises.
C.
Prerequisite to the application, the premises must have a valid and currently effective certificate of occupancy or certificate of preexisting use authorizing the use and occupancy of the premises as a bar, lounge, restaurant or other similar or equivalent type of business legally permitted by and operating in accordance with Chapter 138, Zoning, of the Code of the Village of Sea Cliff.
D.
Every applicant for a special temporary license shall file with the Village Clerk a statement signed and sworn to, by an individual, by all partners if a partnership and by the president or other duly authorized officer if a corporation, containing the information required by § 50-4A, B, C, D, E, H, I, J and L.
F.
Where a special temporary license has previously been
issued to the applicant for the same premises and a violation of this
chapter or any condition of the license has occurred, the Board of
Trustees may deny the current application because of the prior violation.
G.
The term of a special temporary license shall be determined
by the Board of Trustees and shall be set forth on the license.
The fees for all licenses issued under this chapter shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application. Such license shall be at all times displayed in a conspicuous place at the place of business for which it is issued.
A.
Any person desiring to procure a renewal of a license
shall make application therefor to the Village Board at least 90 days
prior to the expiration of the current license.
B.
The application shall thereafter be processed in accordance
with the provision of this chapter as if the renewal application were
an initial application for a license.
C.
If the Village Board shall be unable to make a determination as to the approval or disapproval of the renewal application by the expiration date of the current license, then the Village Board may grant a temporary thirty-day extension license while it considers the merits of the renewal application. The fee for each such thirty-day extension license shall be as set forth in Chapter A142, Schedule of Fees. The Village Board may not grant more than three such extension licenses to the same applicant for the same year. If the Village Board has not acted on the renewal application by April 30, then the renewal application shall be deemed disapproved.
A.
The Village Board, after a hearing, upon at least
seven days' notice to the licensee, at which hearing the licensee
shall be given an opportunity to be heard, may suspend or revoke any
license issued, in its discretion, for any of the following causes:
(1)
A person licensed hereunder making any false material
statement in the application for license.
(2)
A person licensed hereunder suffering or permitting
any waitress, barmaid or other person who comes in contact with or
is likely to come in contact with patrons of the licensed establishment
to appear in the presence of such patrons with breasts or the lower
part of the torso uncovered or so thinly covered or draped as to appear
uncovered or suffering or permitting any person to appear in any scene,
sketch, act or entertainment with breasts or the lower part of the
torso uncovered or so thinly covered or draped as to appear uncovered.
(3)
The violation of any provision of this chapter or
any of the terms or conditions imposed upon the granting of a license.
(4)
The violation of any law, ordinance, rule or regulation
applicable to the licensed premises or enforceable by any government
authority.
(5)
Conviction of any crime as the same is hereinbefore
referred to in this chapter.
(6)
Failure to provide for the health, safety or welfare
of any persons frequenting the licensed premises.
(7)
Carrying on the licensed business, enterprise or activity
in an unlawful manner or in such a way as to breach the peace or to
constitute a menace to the health, safety or general welfare of the
public.
(8)
Any transfer or assignment of the license to any person,
firm or corporation.
(9)
Other good cause.
B.
Upon the suspension or revocation of a license for
premises hereunder, it shall be unlawful to use or occupy any portion
of said premises as a cabaret, bar and/or lounge, dance hall, discotheque
or place of entertainment during such period of suspension.
C.
The Village Clerk shall send notice of the suspension
or revocation to the person licensed hereunder and shall cause to
be attached thereto a statement of the reasons therefor.
Any notice to be given under this chapter shall
be deemed to have been duly given when:
A.
Served personally upon the licensed person or sent
by registered or certified mail addressed to his residence contained
in the application or any supplemental application.
B.
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 sent by ordinary mail to the address of
the licensed premises.
C.
Served personally upon or sent by registered or certified mail to the agent designated under § 50-4F.
D.
Served in any manner otherwise specifically provided
for in this chapter or the Village Code.
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 for any location other than the location stated
in such license.
A.
Nonprofit organizations of the Village of Sea Cliff,
including organizations of a charitable, religious, educational, veteran
or firemanic nature, shall be exempt from the requirements of this
chapter.
B.
Anything herein contained to the contrary notwithstanding, no license shall be required to conduct, maintain or operate, or engage in the business of conducting, maintaining or operating, a cabaret within the Village of Sea Cliff on the holidays of New Year's Eve and St. Patrick's Day, provided that the premises comply with the provisions of § 50-2B and the laws, rules and regulations of the State of New York, the County of Nassau and all other governmental agencies having jurisdiction applicable to the proposed business or activity and do not violate the provisions of § 50-12A(2) or (7) or the provisions of § 40-16I or K.
Every person holding a license under this chapter
shall comply with the following provisions:
A.
No light on any part of the premises licensed hereunder
or on any place of public assembly shall be permitted to shine beyond
the property line of the premises. All exterior lights on such premises
shall be equipped with shielding devices so that the glow emanating
therefrom shall be directed only on and toward such premises.
B.
All garbage, rubbish and other refuse shall be stored,
until removed, in watertight receptacles and securely covered. Such
receptacles shall be maintained in a sanitary condition.
C.
No soot, cinders, smoke, noxious acids, fumes, gases
or disagreeable or unusual odors shall be permitted to emanate from
the premises so as to be detrimental to any person or to the public
or which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of any person or the public.
D.
No music shall be played either by mechanical device
or live performance in such a manner that the sound emanating therefrom
shall be audible beyond the property line of the premises for which
the license has been issued. At no time shall music be played either
by mechanical device or live performance in a manner which either
annoys, disturbs, injures, endangers or tends to annoy, disturb, injure
or endanger the comfort, repose, health, peace or safety of any residential,
business or commercial property in the area or other persons or the
public.
E.
No loud, unnecessary or unusual noise or any noise
shall be permitted to be made or continued or caused to be made or
continued which either annoys, disturbs, injures or endangers, or
tends to annoy, disturb, injure or endanger, the comfort, repose,
health, peace or safety of other persons or the public.
F.
No business or activity for which a license is required
pursuant to this chapter shall be conducted, maintained or operated
between the hours of 2:00 a.m. and 11:00 a.m.
G.
Such other terms or conditions, including hours of
operation, as the Village Board shall deem proper to protect the health,
safety and welfare of the residents of the Village of Sea Cliff or
of the persons attending such cabaret, discotheque or place of entertainment.
H.
The maximum number of patrons safely permitted upon
the licensed premises at one time as determined by the Village Board
in order to prevent overcrowding and the resultant hazards to health
and safety. Such maximum number so determined shall be stated on said
license, and it shall be unlawful for the owner, proprietor, manager
or person in charge of any premises licensed hereunder to allow or
permit more patrons than the number stated on said license.
I.
No licensee shall permit:
(1)
Gambling at any licensed premises, except as may be
permitted by the State of New York.
(2)
The giving of any performance of a lewd, suggestive,
vulgar or immoral type or the use therein of any indecent or obscene
language or any behavior tending to corrupt the public morals or incite
the public to break any law or ordinance.
(3)
Any disorderly, lewd, dissolute, drunken or boisterous
person, any person under the influence of intoxicating liquor or a
narcotic or hallucinogenic drug or any person whose conduct tends
in any way to corrupt the public morals to be admitted to or to remain
in or about any licensed premises.
(4)
A child less than 16 years old to enter or remain
in such place, unless the child is accompanied by his parent or guardian
or an adult authorized by a parent or guardian.
J.
Any person holding a license pursuant to this chapter
shall permit the Village Board or its duly designated employee or
officer to inspect the premises to satisfy the Village that such premises
comply with all laws and ordinances that may be applicable thereto,
including any rules and regulations promulgated thereunder, the conditions
and restrictions contained in the license and such laws, rules and
regulations enforceable by any governmental authority.
K.
No door of entry or exit shall be permitted or allowed
to stand open or ajar during business hours if any violation of the
sound, noise, music or any other provision of this chapter occurs
as a result thereof.
A.
Any person committing an offense against any provision
of this chapter or any rule or regulation adopted pursuant to this
chapter or any restriction or condition contained in a license issued
pursuant to this chapter shall be punishable as provided in the general
penalty provisions of the Code of the Village of Sea Cliff.[1]
