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Town of Niskayuna, NY
Schenectady County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Town Board of the Town of Niskayuna: Art. I, 4-2-1934; Art. II, 4-17-1956. Sections 91-1, 91-6 and 91-13 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Amusement games and game rooms — See Ch. 59.
Fireworks — See Ch. 113.
Parks and recreation areas — See Ch. 147.
[Adopted 4-2-1934]
No person, persons, companies, corporations or any others having charge or control of any building or vacant lot or lots or parcels of land in the Town of Niskayuna or any part thereof, either as owner, lessee, agent or otherwise, shall use or allow any other person or persons, company or corporation to use such building or any part thereof or any such vacant lot or lots or parcels of land as a place of public amusement or for the giving of any circus, carnival, menagerie or outdoor show or exhibition of any kind, whether an admission fee is charged or not, unless license therefor is first duly obtained in the manner hereinafter specified; nor shall any person or persons, company or corporation keep any public hall or other place for rent for dances or balls unless license therefor is first duly obtained in the manner hereinafter specified; under a penalty as provided in § 91-6 an each and every such violation, to be recovered in the name of the Town of Niskayuna from the proprietor, lessee, owner or managing agent of such building or vacant lot or lots or parcels of lands so used as aforesaid for the maintenance of a place of amusement, as aforesaid.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original Section 2, which immediately followed this section and dealt with violations of this Article, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). For penalties for offenses, see now § 91-6.
No circus, carnival or other exhibition or performance shall be given in any place within the Town of Niskayuna unless a license is first duly granted for the same by the Town Clerk of said Town and issued as provided in § 91-1 hereof to the owner, lessee, agent or other person owning or having charge of said building or any part thereof or of any vacant lot or lots or parcel or parcels of land to be used therefor. Before any such license shall be issued, the circus, carnival or other performance shall furnish to the Town Clerk, in an affidavit, such information as the Town Board of said Town may require, and no circus, carnival or any other performance under this Article shall be had or given and no license shall be issued, as provided for herein, until such affidavit is furnished.
For every circus, carnival, menagerie or outdoor performance, the license fee shall be the sum of $100 in the case of a circus or carnival for each and every day open to the public; and in the case of other outdoor shows or performances, the license fee shall be the sum of $10 for each and every day open to the public; and in the case of a public hall or any other public place rented for dances or balls, the license fee shall be the sum of $5, the same to cover said public place for a term of one year from the date of said license.
In the case of public dance halls licensed herein, the dancing shall be allowed up to 2:00 a.m. and no longer, and no person or persons under the age of 16 years shall be permitted or allowed to attend the same. The Town Board reserves the right to revoke the license issued for said public dancing at any time during the term of said license upon complaint made in connection therewith and after the Town Board has investigated and given the licensee an opportunity to be heard in connection therewith.
All moneys collected for such fees, as above provided, shall be immediately paid to the Supervisor of said Town.
Any person committing an offense against any provision of this Article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 4-17-1956]
This Article shall be known and may be cited as the "Motion-Picture Theater and Theatrical Performance Ordinance of the Town of Niskayuna."
As used in this Article, the following terms shall have the meanings indicated:
MOTION-PICTURE THEATER AND THEATRICAL PERFORMANCE
Includes carnivals, exhibitions, shows or motion pictures (talking or silent) or outdoor drive-in motion pictures, conducted by any person or corporation primarily for pecuniary gain or profit.
A. 
No theater or opera house, including motion-picture theaters or outdoor drive-in motion pictures, located in the Town of Niskayuna shall be permitted or allowed to remain open for the showing or exhibition of moving pictures, either silent or talking, except between the hours of 1:00 p.m. as a beginning time and 3:00 a.m. the following day as an ending time.
[Amended 1-5-1971; 6-24-1980]
B. 
Either Eastern standard time or Eastern daylight saving time, whichever shall be in force in the Town of Niskayuna, shall be the basis of these hours.
This Article shall apply to all exhibits or displays of moving pictures, either silent or talking, whenever shown to the public for profit in the Town of Niskayuna.
[Amended 12-4-1973; 12-20-1988]
A. 
No theatrical exposition, showing or display, including the showing and display of moving pictures, either silent or talking, by any person or corporation, primarily for pecuniary gain or profit, shall be held in the Town of Niskayuna without securing a license, which shall require a yearly fee to be established by the Town Board.
B. 
A license fee for the operation of theaters in the Town of Niskayuna is established at $600 per movie screen per calendar year or any part thereof, said license to expire December 31 of the year in which the same is issued.
No such permit or license shall be issued until after adequate provision is made for fire protection, police protection and sanitary facilities for both men and women, in compliance with the laws of the State of New York and the ordinances of the Town of Niskayuna, in such cases made and provided.
Any person committing an offense against any provision of this Article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).