[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park by Ord.
No. 401. Amendments noted where applicable.]
A.
APPLICANT
APPROVED LICENSE
CABARET
CATERING ESTABLISHMENT
DANCE HALL
LICENSE
PERSON
PLACE OF PUBLIC ASSEMBLY
RESTAURANT
TEMPORARY LICENSE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any person applying for a license under this chapter.
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]
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.
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.
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.
Whenever the term "license" is used in this chapter, it shall
also apply to the term "temporary license" or "approved license."[2]
An individual, partnership, club, corporation, association,
society or any other organized group of persons, and shall include
the officers, directors, stockholders and trustees thereof.
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.
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.
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]
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]
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.
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]
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]
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.
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]
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]
[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.
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.
| |
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.
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.
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.
Whenever it shall be provided herein that a
hearing shall or may be held in connection with an application or
license:
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]
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.
