Village of Island Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Island Park by Ord. No. 401. Amendments noted where applicable.]
GENERAL REFERENCES
Adult uses — See Ch. 112.
Amusements — See Ch. 133.
Circuses — See Ch. 216.
Loitering — See Ch. 334.
Noise — See Ch. 349.
Peace and good order — See Ch. 403.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person applying for a license under this chapter.
APPROVED LICENSE
The permission granted by the Board of Trustees for a place of public assembly to operate, only after receipt of information indicates that all applicable requirements of this chapter have been complied with.[1]
CABARET
Any room, place or space wherein musical entertainment, singing, dancing in a designated area, or other form of amusement or entertainment is permitted in conjunction with the sale or service of food or drink to the public, except such places providing musical entertainment by mechanical means without dancing or by having musical entertainment of not more than three musical instruments, consisting of a piano, organ, accordion, string instrument or any combination thereof, without any means of electrical amplification connected directly thereto.
CATERING ESTABLISHMENT
Any room, place or space which is used, leased or hired out in the business of serving food and drink for a particular function, occasion or event, and to which the general public is not invited and wherein music, entertainment and/or dancing may or may not be provided.
DANCE HALL
Any room, place or space in which dancing is carried on and to which the public may gain admission either with or without the payment of a fee.
LICENSE
Whenever the term "license" is used in this chapter, it shall also apply to the term "temporary license" or "approved license."[2]
PERSON
An individual, partnership, club, corporation, association, society or any other organized group of persons, and shall include the officers, directors, stockholders and trustees thereof.
PLACE OF PUBLIC ASSEMBLY
Any room, place or space which is occupied or arranged to be occupied for recreational, amusement, social, sports, religious, patriotic, civic, travel and similar purposes, and shall include assembly halls, lecture rooms, exhibition halls, museums, auditoriums, instruction rooms, dance halls, or studios, cabarets, nightclubs, restaurants; any room or space used for private banquets, feasts, socials, card parties, bingo or weddings; lodge or meeting halls or rooms; skating rinks, gymnasiums, swimming pools, billiard rooms, bowling alleys, archery ranges, halls used for public or private catering purposes; funeral parlors, private and parochial schools, recreation rooms, concert halls, broadcasting studios, theaters, motion-picture theaters; passenger stations and terminals of air, surface, underground and marine public transportation facilities; or any other 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.
RESTAURANT
A public eating place which is regularly used and kept open for the serving of food for compensation and which has suitable kitchen facilities connected therewith containing conveniences for cooking and kept in a sanitary condition.
TEMPORARY LICENSE
A license granted by the Board of Trustees for a limited period of time, pending its determination on the grant or denial of an approved license.[3]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The definition of "Mayor," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Interpretation. In distinguishing between the terms "restaurant," "dance hall" and "cabaret," as above defined, such factors as the extent to which food is served on the premises, whether there is dancing or entertainment on the premises, and whether an admission fee is charged shall be determinative. These determinative factors shall apply to the enforcement of the provisions of this chapter and of any companion statute, local law, ordinance, rule or regulation respecting the operation of restaurants.[4]
[4]
Editor's Note: See Ch. 457, Restaurants and Food-Handling Establishments.
Under this chapter, the Board of Trustees shall have jurisdiction over, and in conjunction with, the following functions and duties regarding the regulation and licensing of places of public assembly:
A. 
The issuance of licenses hereunder and the revocation or suspension thereof.
B. 
The inspection of places of public assembly at reasonable times.
C. 
The prescription of forms for applications or licenses under this chapter and for all reports which he deems necessary to be made by any licensee, permittee or applicant.
D. 
The holding of hearings, subpoenaing of witnesses, compelling their attendance, administering oaths, examining any person under oath and, in connection therewith, requiring the producing of any books or papers relative to the inquiry.
E. 
The adoption of reasonable rules and regulations as may be necessary for the proper control, operation and supervision of places of public assembly.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be unlawful for any person to conduct, maintain or operate a place of public assembly within the Village who has not been issued a temporary license or any approved license under this chapter, either of which is currently in effect for the premises wherein the place of public assembly is conducted, maintained or operated.
B. 
An approved license shall be issued for a place of public assembly only after the Board of Trustees shall have caused an inspection to be made of the premises to be licensed and is satisfied that the provisions of this chapter and all other applicable laws, ordinances, codes, rules and regulations pertaining to fire and safety requirements contained therein have been complied with, together with all fees provided for herein being paid, and that the premises are a safe place in which to conduct, maintain or operate a place of public assembly.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Upon the filing of the application and the payment of the stipulated fee under this chapter, the Board of Trustees shall issue a temporary license pending the issuance of an approved license, which shall remain in effect until such time as the applicant has been notified by the Board of Trustees that the application for such approved license has been denied. Except as otherwise provided herein, a temporary license shall terminate upon the issuance or the denial of an approved license. In no event shall a temporary license exceed the time limitations as prescribed in § 147-4 hereinafter set forth.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Required information.[3]
(1) 
Each application shall contain at least the following information and any additional information as may be required upon the request of the Board of Trustees:
(a) 
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.
(b) 
If an applicant is a stock corporation, the name and residence address of each officer and director and, except in the discretion of the Board of Trustees, the stockholders, and the state under the laws of which the corporate applicant is organized.
(c) 
The premises to be licensed, stating the street and number, if any; otherwise, such description as will reasonably indicate the location thereof.
(d) 
The name and residence address of the owner of the building or premises wherein or whereon the licensed premises are located.
(e) 
Whether the applicant is a lessee and, if so, the name and residence of the lessor.
(f) 
If the applicant does not reside in the Village of Island Park, he shall designate an agent, who shall be a natural person residing or having a place of business in the Village of Island Park. The agent shall be authorized and shall agree, by verified statement, to accept notices or summonses issued by the Board of Trustees with respect to violations of any laws, ordinances, rules or regulations enforceable by the Board of Trustees.
(2) 
If there is any change, after the filing of an application for a license, in any of the facts required to be set forth in the application, a supplemental statement giving notice of the change or changes, duly verified, shall be filed with the Board of Trustees within 10 days after any change. Failure to do so shall, if willful and deliberate, be cause for suspension or revocation of the license. In giving any notice or taking any action in reference to a license of a licensed premises, the Board of Trustees may rely upon the information furnished in any supplemental statement connected therewith, and the information contained therein shall be presumed to be correct and shall be binding upon a licensee or the licensed premises as bona fide information. This supplemental statement may be waived by the Board of Trustees, at its discretion, whenever it applies to stockholders holding less than 10% of the issued stock of a corporation.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
In addition to the prerequisites set forth in Subsection D above, an approved license for a dance hall or cabaret shall be issued if the Board of Trustees is satisfied that the applicant is a fit and proper person. All applicants for a dance hall or cabaret license shall be fingerprinted. If the applicant is a business corporation, all officers, directors, stockholders and other persons interested in the licensed premises or entitled to a share of the income or profits therefrom shall be fingerprinted, unless the Board of Trustees deems such fingerprinting unnecessary or, in lieu thereof, a valid liquor license has been issued to the applicant of the place of public assembly by the New York State Liquor Authority and is currently in effect and in good standing.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
In addition to the information required in Subsections D and E above, when application is made for a dance hall or cabaret license, the following information shall be given:
(1) 
The name and residence address of each person interested or to become interested in the business covered by the license for which the application is made, together with the nature of such interest.
(2) 
The nature of the applicant's interest in the business 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.
(3) 
Whether the person applying for a license has ever been convicted of any offense, crime, misdemeanor, violation, or of any offense against any local law or municipal ordinance, and, if so, the nature of the conviction, the court where convicted and the date and penalty assessed.
[Amended 4-17-2008 by L.L. No. 4-2008]
A. 
An approved license shall expire on January 31 of every year.
B. 
The date of issuance of an approved license shall be the same as the date of issuance of the temporary licenses immediately preceding.
C. 
Renewal of an approved license shall be effective on the date following expiration of the one previously approved.
D. 
A temporary license may be granted for a period not in excess of 30 days from date of issuance. However, the holder of a temporary license must submit a written request to the Board of Trustees for each extension of a temporary license, outlining the reasons therefor. The Board of Trustees may grant not more than a thirty-day extension for each request, subject to the requirements of § 147-5E of this chapter. No more than two extensions of a temporary license shall be permitted. All licenses must be renewed no later than 60 days after expiration or an additional fee as set from time to time by the Board of Trustees will be imposed as a late payment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 2-16-2006 by L.L. No. 2-2006[1]]
A. 
Fees for public assembly licenses issued under this chapter shall be payable annually and shall be based on the number of persons each place is designed to accommodate as certified by the Board of Trustees. Fees shall be set from time to time by the Board of Trustees.
B. 
Where there is more than one place of public assembly in the same building and the applicant is the same for the several places of public assembly therein, the fee shall be determined on the basis of the sum of the combined occupancies.
C. 
The fee required for filing an application under this chapter shall be as set from time to time by the Board of Trustees. If the application is disapproved, the filing fee shall be retained to cover the cost of processing. If the application is approved, the filing fee shall be credited and applied to the total fee.
D. 
The fee for the extension of a temporary license shall be set from time to time by the Board of Trustees and shall be payable upon application for each extension. Any fees paid for an extension of a temporary license shall be nonreturnable and shall not be applicable to the total fee required.
E. 
A fee as set from time to time by the Board of Trustees shall be charged for the replacement or substitute copy of a temporary or approved license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The number of persons permitted to occupy a place of public assembly shall be certified by the Board of Trustees and shall be determined pursuant to the following table:
Square Feet of Usable Floor Area Per Person3
(unless otherwise designated)
Place of Public Assembly
Prior to October 23, 19631
October 23, 1963 and Thereafter2
Dance hall, cabaret, restaurant and catering establishment
10
15
Billiard room, golf school and archery range
50
50
Designated waiting or standing space
3
3
Skating rink
25
40
Bowling alley
5 persons per alley4
50
Any other space containing portable seats
6
65
Any other space containing seats permanently secured to the floor
Total number of seats
Total number of seats
Other space not classified herein
406
406
NOTES:
1
This column shall apply to those places of public assembly in lawful operation prior to October 23, 1963, with no change in classification or use after October 22, 1963.
2
This column shall apply to any other place of public assembly and to all additions, alterations or renovations to places of public assembly made on or after October 23, 1963.
3
"Usable floor area" shall mean the area of those spaces generally used or occupied by the public for public assembly purposes.
4
"Alley" shall include 15 feet of runway.
5
For floor area actually occupied by seats. If the entire floor area is considered, or if the seats exceed 21 inches in width and the distance back to back of the seats is 36 inches or more, use 10 square feet per person.
6
Or as may be determined by the Board of Trustees, based on construction, fire safety, use, and the health, safety and welfare of persons occupying the place of public assembly.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The following persons shall be prohibited from receiving a license for a cabaret or dance hall:
(1) 
Any person, partnership or corporation and each member, principal officer and director thereof, as the case may be, who has been convicted of a felony or any of the misdemeanors mentioned in Penal Law § 230.25, or of an offense defined in § 230.20 or 230.40 of the Penal Law, unless such person shall have received an executive pardon thereafter effecting the removal of the conviction, or unless a certificate of good conduct has been granted by the Board of Parole pursuant to the provisions of the Executive Law, thus removing the disqualification resulting from such conviction.
(2) 
Any person who has had any license, issued under this chapter, revoked for cause during a one-year period from the date of such revocation.
B. 
Disapproval of an application for a license by the Commissioner shall automatically cancel any temporary license previously issued after notice of cancellation has been duly received pursuant to this chapter and continuance of operation as a place of public assembly shall be considered an offense hereunder.
The Board of Trustees, upon notice and after a hearing at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license issued for any of the following causes:
A. 
When a person licensed hereunder makes any false material statement in the application for a license.
B. 
When a person licensed hereunder suffers or knowingly permits any gambling, sale or use of narcotics or sale or use of dangerous hallucinatory drugs on the premises, or suffers or knowingly permits such premises to become disorderly.
C. 
For an offense against any provision of this chapter.
D. 
For failure, refusal or neglect of any person, officer or director of any corporation, holding a license for a place of public assembly under this chapter, to appear and/or testify under oath at an inquiry or hearing held by the Board of Trustees with respect to any matter bearing upon the conduct of the place of public assembly or the fitness of the person, as applicable.
E. 
For failure, refusal or neglect to provide for the health, safety, or welfare of persons frequenting the licensed premises by complying with, but not limited to, the requirements of § 147-15 of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any notice to be given by the Board of Trustees under this chapter, unless otherwise provided for herein, shall be deemed to have been duly given when:
A. 
Served personally upon the applicant or licensee or sent by registered or certified mail to the applicant or licensee, addressed to his residence.
B. 
In the case of personal service upon an officer of a corporate licensee or of service upon him by registered or certified mail addressed to his residence, together with a copy of the notice by regular mail to the address of the licensed premises.
C. 
Served personally upon or sent by registered or certified mail to the agent designated under § 147-3D(1)(f) of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person who has been refused the issuance of a public assembly license or has had a previously issued public assembly license revoked or suspended by the action of the Board of Trustees shall have the right to review the action of the Board of Trustees as hereinafter provided:
(1) 
An application for such review shall be in writing, signed and acknowledged by the applicant, and shall state the ground or grounds on which the applicant claims that the determination of the Board of Trustees was erroneous.
(2) 
Such application shall be filed with the Village Clerk by the applicant within 20 days after notice of denial of his application by the Board of Trustees has been mailed to him or delivered to him in person.
(3) 
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 147-11 hereof.
(4) 
At such hearing, the Review Board shall consider the record upon which the Board of Trustees based its determination and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
B. 
The Review Board, after such hearing, may affirm the action of the Board of Trustees or direct the Board of Trustees to issue a proper license pursuant to this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Whenever it shall be provided herein that a hearing shall or may be held in connection with an application or license:
A. 
If an applicant or licensee requests a hearing, the Board of Trustees shall designate two or more its members to conduct said hearing as a Review Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Such hearing shall be held on a date, at a place and at an hour designated by the Chairman of the Review Board.
C. 
The Board of Trustees shall give notice thereof, stating the name and address of the applicant or licensee concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor, by mailing a copy thereof to the applicant or licensee concerned, at the address shown upon the most recent application of such applicant or licensee, at least 10 days prior to such hearing.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The applicant or licensee involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
E. 
All witnesses shall be sworn and examined under oath.
A. 
Each license issued under this chapter shall be kept conspicuously posted at the main entrance of every place of public assembly, and it shall be unlawful to conceal, remove, deface or alter such license.
B. 
A temporary or approved license that has been issued for a place of public assembly which is lost, stolen, altered, mutilated or missing shall be replaced immediately and the prescribed fee shall be paid for its replacement.
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 or displayed at any location other than the location stated in such license.
All places of public assembly, as defined in § 147-1 of this chapter, shall be subject to all provisions of this chapter, except that the fee may be waived for (1) premises owned, occupied and used by a nonprofit membership corporation, society or association, or religious, charitable, eleemosynary or educational corporation or institution which is chartered as such by the State of New York; (2) any luncheonette, soda fountain, stationery store or similar occupancy, the use of which is incidental to the prime occupancy, provided there are no more than 12 seats available for the patrons. If, however, any of the premises enumerated in (1) of this section are rented or leased to a caterer or concessionaire or as a place of public assembly, the tenant or lessee shall be required to obtain such license as may be required under this chapter.
Every person holding a license as a place of public assembly under this chapter shall comply with the following provisions. Any offense against these provisions shall be unlawful.
A. 
No light or any part of a premises licensed hereunder 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, at the rear of the premises in watertight receptacles securely covered and screened from view. Such receptacles shall be maintained in a sanitary condition and shall be cleaned, flushed and deodorized at least three times weekly. No garbage, rubbish or other refuse shall be removed from the premises between the hours of 6:30 p.m. and 6:30 a.m.
C. 
No soot, cinders, smoke, noxious acids, fumes, gases or disagreeable or unusual odors shall be permitted to emanate from the premises in such manner as to be detrimental to any person or which annoys, disturbs, injures, endangers or which may have a tendency to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of any person or persons constituting the general public.
D. 
No music shall be played in any place of public assembly 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 whereon the place of public assembly is located. 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 other persons or the public.
E. 
No loud, unnecessary or unusual noise or any noise shall be permitted to be made, continued or caused to be made or continued which either annoys, disturbs, injures or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of other persons or the public.
F. 
Female exposure.
(1) 
No female shall appear in a public place at any time, or in a play, exhibition, show or entertainment, clothed or costumed in such a manner that the portion of her breast below the top of the areola is not covered with a fully opaque covering.
(2) 
No person shall knowingly conduct, maintain, own, manage, operate or furnish any public premises or places where a female appears in public at any time or in a play, exhibition, show or entertainment clothed in such a manner that the portion of her breast below the top of the areola is not covered with a fully opaque covering.
A. 
Issuance of a license under this chapter shall cause no presumption that the licensee or the licensed premises are in compliance with any other laws, ordinances, rules or regulations enforceable by any governmental authority, as may be applicable to the licensee or licensed premises.
B. 
Issuance of a license under this chapter shall not be a bar to prosecution under any provision of this chapter or under any other ordinance, law, rule or regulation applicable to the licensed premises or licensee.
Any person or persons, association or corporation committing an offense against any provision of this chapter or any of the rules and regulations adopted by the Board of Trustees pursuant to this chapter shall be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not exceeding one year, or by both such fine and imprisonment, for each such offense. Each day's continued offense against this chapter shall constitute a separate additional offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).