[HISTORY: Adopted by the Board of Trustees of the Village of Menands 9-24-1930. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR PUBLIC GOLF COURSE
- A place, park, grounds, course, premises or enclosure upon which is played, engaged, conducted, maintained and/or operated the game of golf, in any form, including what is commonly known or described as a miniature golf course, driving golf course, Tom Thumb golf course and/or kindred varieties or forms of playing such game, and, for the privilege of playing or engaging in the same and/or for the use of such course and/or paraphernalia used to play or engage in same, an admission fee or price is charged.
The business of conducting a golf course, as herein defined, shall not be established, maintained and/or conducted within the boundaries of the Village of Menands, New York, without first having procured from the Mayor a license for that purpose.
Every person, before establishing, maintaining or conducting any golf course business, as herein defined, shall, before being so licensed, pay to the Village of Menands the sum of $50 for each year or fraction thereof for each such course, place, park, grounds or enclosure.
All such licenses shall expire on the first day of February next following their issue.
It shall be unlawful to keep open to the public or to conduct such golf course business, as herein defined, on any day between the hours of 12:00 midnight and 7:00 a.m. (coincident with the time standard adopted by or under which the Village is operating).
A license granted hereunder shall not be construed as a permission to the holder thereof to conduct or maintain a nuisance upon or in the vicinity of the premises or golf course for which said license is granted and the Mayor or Board of Trustees shall have the right to revoke the license of any person for acts constituting or tending to constitute a public nuisance, after giving a reasonable opportunity to such license to be heard in connection therewith.
It shall be unlawful for any person owning, conducting or in charge of any such golf course business, as defined in this chapter, to harbor or permit intoxicated persons upon the premises or to allow or permit any disorderly or unlawful conduct on or in the licensed premises or to permit noises of any kind on or in the vicinity thereof tending to a breach of the peace or tending to annoy the inhabitants of said Village or to cause or permit interference with traffic on the public highways adjacent to any such licensed premises.
It shall be the duty of every licensee at all times to keep the premises where such golf course business is conducted clean and in a sanitary condition.
The Mayor, Board of Trustees and the Police Department of the Village are hereby authorized and empowered, from time to time, to inspect and examine the premises where such golf course business is conducted, for the purpose of determining whether such business is being conducted by the licensee or by any other person in a lawful, quiet and orderly manner. Such inspection shall be made when the premises are open to the public for business.
The Mayor or Board of Trustees may revoke such license by giving three days' notice, in writing, whenever it shall appear to its satisfaction from the recommendations of the police or otherwise that such licensee has violated any of the provisions of this chapter or any other ordinance or rule of the Village of Menands or of the laws of the State of New York; provided, however, that no such license shall be revoked or suspended until after the license shall have an opportunity to be heard and to make his defense against any such complaint. Notice of such hearing shall be served, either by delivering a copy personally to the licensee or by leaving a copy with some person of suitable age and discretion at the place of business of the licensee and actually or apparently in charge thereof or, if no such person may be found at the place of business of the licensee, by posting such notice in a conspicuous place on the premises and mailing a copy of the notice to the licensee at his place of business as set forth in his or its or their application for a license.
The Mayor, Board of Trustees and members of the police force and all other officers who are charged with the enforcement of this chapter and other ordinances of the Village and of the laws of the state shall at all times when such premises shall be open to the public for business have access to said premises.
Upon the revocation of any license, the unearned portion of the license fee shall be returned to the licensee. When a license has been revoked, no other license shall be issued to the same licensee within one year.
Any person, society, club, firm, partnership, corporation or association of persons who himself or itself or by his or its Clerk, agent or employee shall conduct said golf course business, as herein defined, without the license required by this chapter or shall violate any of the provisions of this chapter or who, after having had his, its or their license suspended or revoked, shall continue to operate such golf course business shall, upon conviction thereof, be subject to a fine or penalty of not more than $100, and each day on which such violation continues shall constitute a separate offense. In addition thereto, said violation shall constitute disorderly conduct, and the person violating the same shall be a disorderly person.
This chapter is adopted for the purpose of preserving and caring for the safety, health, comfort and general welfare of the inhabitants of the Village.