The Board of Trustees finds that whereas there exists a continuing and increasing amount of police activity in and about the commercial district of the village during the late night and early morning hours and emanating from the restaurant and dining and dancing establishments thereof and whereas such police activity arises from the congestion of crowds of persons in and about the subject establishments with resultant noise, disturbances and disorders and whereas the village is caused thereby to maintain police and emergency personnel on duty at times beyond reasonable and normal hours, at substantial cost and expense, it is, therefore, the purpose of this Article to effectuate regulation of the subject establishments in order to protect the inhabitants and property of the village and maintain peace and order therein.
[Amended 12-3-2005 by L.L. No. 6-2005]
As used in this Article, the following terms shall have the meanings indicated:
DINING AND DANCING ESTABLISHMENT
A cabaret, place of public resort, accommodation, assemblage, entertainment or amusement where refreshments of any kind are served for gain or profit or where dancing and entertainment are given or permitted in connection therewith or where music is provided for dancing or entertainment.
MARKET/SPECIALTY FOOD STORE
Any store or location whose primary purpose is the sale of food, canned goods and/or prepared foods or beverages for consumption off the premises. This shall include, but not be limited to, all food markets, delis, ice cream parlors and candy stores.
RESTAURANT
Includes every buffet, lunchroom, grillroom, lunch counter, dining room of hotel and every other public place where food or beverages are served, sold and consumed on the premises.
[Amended 12-3-2005 by L.L. No. 6-2005]
No person shall conduct, manage or operate a dining and dancing establishment, market/specialty food store or restaurant within the Village of Ocean Beach (to the extent that such establishments are permitted by this chapter and the Zoning Law[1]) without first having obtained a license therefor issued by the Village Clerk after the approval thereof by the Board of Trustees of the Village. All applications for licenses shall be made upon forms provided by the Village Clerk. This article shall not be construed as permitting the erection or use of a structure or structures or the reconstruction or alteration thereof in violation of the Zoning Law of the Incorporated Village of Ocean Beach.[2]
[1]
Editor's Note: See Ch. 164, Zoning.
[2]
Editor's Note: See Ch. 164, Zoning.
A. 
Any person otherwise entitled under the Zoning Law of the Village of Ocean Beach[1] and desiring to procure a dining and dancing establishment, market/specialty food store or restaurant license shall make application therefor to the Board of Trustees of the Village of Ocean Beach, upon a form to be furnished by said Board, which shall be substantially as follows:
[Amended 12-3-2005 by L.L. No. 6-2005]
Board of Trustees, Village of Ocean Beach Application No.
Application for dining and dancing establishment, market/specialty food store or restaurant license.
1.
Name and address of applicant
2.
State whether individual, partnership or corporation
3.
If partnership, state names and addresses of all persons having an interest in the business
4.
If corporation, state names and addresses of its officers
5.
If a corporation, give the names and addresses of each stockholder, together with the number of shares of capital stock held by each
6.
Location of establishment
7.
The names, addresses and social security number of each employee employed or to be employed prior to his employment by the establishment as provided by each said employee
Dated _______________, 20 ____.
State of New York)
: ss.:
County of Suffolk)
______________________ being duly sworn, deposes and says: I am the above-named applicant and make this affidavit for the purpose of obtaining from the Village of Ocean Beach a license to operate a dining and dancing establishment, market/specialty food store or restaurant as provided in a law relating to and regulating dining and dancing establishments and restaurants, providing for the licensing thereof, regulating the conduct of persons therein, defining offenses and providing penalties for the violation thereof. I have personal knowledge of the matters stated in the foregoing application and the statements therein contained are true.
Sworn to before me this
______ day of __________________ 20 ____
Notary Public, Suffolk County
[1]
Editor's Note: See Ch. 164, Zoning.
B. 
The said application shall be signed and duly verified by the applicant before an officer authorized to administer oaths. No such application shall be granted to conduct such dining and dancing establishment, market/specialty food store or restaurant on premises which do not conform to the requirements of this Article and all laws and regulations of the State of New York and all laws and regulations of the Village of Ocean Beach.
[Amended 12-3-2005 by L.L. No. 6-2005]
C. 
During the year 1979 such application shall be made within 60 days of the adoption of this Article.
D. 
Information contained in the application shall be supplemented within 10 days if any changes occur with respect to the information therein contained. Information concerning new employees shall be supplied within 10 days after the commencement of their employment.
E. 
Renewal of an application for a license shall be made on an application indicating only changes from any prior application.
The Board of Trustees, upon presentation of such application and before acting upon the same, shall refer such application to the Building Inspector and the Chief of the Fire Department for full investigation as to compliance with this Article and as to any or all other matters which might tend to aid said Board of Trustees in determining whether or not such application should be granted. The Building Inspector and the Chief of the Fire Department shall, within 20 days after any application has been referred to them, furnish a written report to the Board of Trustees and to the applicant, containing the result of their investigation and any recommendations with respect thereto. The Board shall pass upon the application within 20 days thereafter.
[Amended 4-26-1986 by L.L. No. 2-1986; 3-8-1997 by L.L. No. 2-1997; 12-3-2005 by L.L. No. 6-2005; 9-16-2017 by L.L. No. 3-2017]
A. 
To cover the administration costs to the Village and other Village expenses that are attributable to the existence and operation of the licensed establishment, the license fee per annum for a dining and dancing establishment, market/specialty food store or restaurant shall be at amounts set by a duly adopted resolution of the Village Board of Trustees. Such fees may be modified, from time to time, by a duly adopted resolution of the Village Board of Trustees.
B. 
All such licenses, without regard to the date when issued, shall be for a period commencing January 1 in each year and expiring December 31 of the same year. Such license shall not be transferable and shall not authorize the person to whom it is granted to conduct a dining and dancing establishment, market/specialty food store or restaurant at any location other than that specified herein.
A. 
The Board of Trustees reserves unto itself the power to revoke any license issued under the provisions of this Article at any time:
(1) 
Where the same was procured by fraud or false representations of fact;
(2) 
For the violation of or failure to comply with any of the provisions of this Article;
(3) 
In the event of a violation of the Building Code, Fire Code or Electrical Code of the village,[1] which in the judgment of the Building Inspector renders the dining and dancing establishment or restaurant unsafe; or
[1]
Editor's Note: See Ch. 64, Building Construction; Ch. 37, Fire Prevention; and Ch. 80, Electrical Standards.
(4) 
In the event that the licensed establishment becomes a source of police attention resulting in persistent and frequent convictions for violation of the Noise Law[2] of the village or other laws of the village relating to peace and good order.
[2]
Editor's Note: See Ch. 112, Noise.
B. 
At least seven days before revoking any license, the Board of Trustees shall cause to be made to the holder of the license at the address at which his dining and dancing establishment, market/specialty food store or restaurant is being conducted a notice stating the time and place of a hearing concerning the revocation, at which the licensee shall be entitled to be heard and to introduce testimony of witnesses. After a hearing by the Board, but before any final order of revocation, the licensee shall be given a reasonable opportunity to take steps to correct the cause of the proposed revocation by reason of any such revocation arising under Subsection A(2) or (3) above.
[Amended 12-3-2005 by L.L. No. 6-2005]
[Amended 12-3-2005 by L.L. No. 6-2005]
A. 
All dining and dancing establishments, markets/specialty food stores or restaurants shall comply with all building codes and all regulations relating to fire prevention; and each applicant shall, by making application for a license hereunder, consent to an inspection by the Building Inspector or his designated agent on an annual basis or whenever there is probable cause to believe a violation of this section has occurred.
B. 
All dining and dancing establishments, markets/specialty food stores or restaurants shall comply with all rules and regulations of the Suffolk County Health Department; and each applicant shall, by making application for a license hereunder, consent to an inspection by any official of the Suffolk County Health Department.
C. 
No dining and dancing establishment or restaurant shall be open for business between the hours of 4:00 a.m. and 6:00 a.m. on all days.
D. 
The Board of Trustees may, from time to time, at a public meeting upon seven days' notice published in the official newspaper of the village, establish hours during which entertainment may be provided or during which music for dancing may be permitted.[1]
[1]
Editor's Note: The Board of Trustees provided that effective July 26, 1979, entertainment may be provided and music for dancing will be permitted until 3:00 a.m.
E. 
All restaurants shall conspicuously display instructions on first-aid treatment to choking victims. Said instruction shall include the Heimlich Maneuver.
F. 
It shall be the responsibility of the person operating a dining and dancing establishment, market/specialty food store or restaurant hereunder to make reasonable efforts to ensure compliance with the laws of the village relating to noise and peace and good order.
[Amended 12-3-2005 by L.L. No. 6-2005]
Every permit issued under this Article shall at all times be kept on the premises and displayed in a conspicuous public place therein and shall be framed or otherwise protected against dust, dirt and the action of the elements and shall at all times be subject to the inspection of any officer, inspector or representative of the Board of Trustees of the Village of Ocean Beach in accordance with § 106-29 hereof.