[HISTORY: Adopted by the Council of the City
of Schenectady 5-7-1979 by Ord. No. 79-23A; amended in its entirety 5-9-1983 by Ord. No.
83-26. Subsequent amendments noted where applicable.]
A.
It is unlawful for a person having charge or control
of real property in the City, either as owner, lessee, agent or otherwise,
to use or allow a person to use such property for the purpose of operating
a public amusement as defined in this chapter without first obtaining
a license as provided by this chapter.
B.
The license shall be framed and conspicuously displayed
in a manner so as to allow any person to view the same and shall not
be removed from said location during the valid period of the license.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
A room or place used principally for that purpose operated
for profit.
One that offers to the public entertainment or a means of
entertainment, whether or not a fee is charged. Entertainment includes
dancing, electronic and table games, motion pictures, theatrical and
any other performance or exhibition designed to entertain the public,
but does not include incidental entertainment in the form of recorded
music, television reception or electronic, table or wall games offered
by a New York State liquor-licensed establishment primarily engaged
in providing food or drink to the public for on-premises consumption,
or in the case of any other business or commercial enterprise, incidental
entertainment consisting of recorded music and/or television reception
or up to but not more than three electronic, table or wall games provided
for entertainment to business patrons.
[Amended 9-13-2004 by Ord. No. 2004-7]
[Amended 7-14-1986 by Ord. No. 86-47; 11-30-1987 by Ord. No. 87-75; 3-18-1991 by Ord. No. 91-11; 4-12-1999 by Ord. No. 99-05; 1-13-2003 by Ord. No.
1003-1; 4-11-2011 by Ord. No. 2011-09]
A license for operating a public amusement will
be granted by the office of the Building Inspector upon compliance
with the requirements of this chapter and payment of the appropriate
license fee as set forth below. All licenses shall expire on the 31st
day of December of each year, except as otherwise provided herein.
A.
Places of regular entertainment.
(1)
For each place of regular entertainment, i.e., band,
singer, dancing, etc.: $150 per annum or any part of a year.
(2)
For each theater or each projector of film entertainment:
$200 per annum or any part of a year, plus $25 for each 50 seats or
a fraction thereof exceeding 100 seats.
(3)
For each commercial amusement location that offers
the public entertainment that includes electronic and table games,
wall games, etc.: $200 per annum or any part of a year, plus $10 per
annum for each such game exceeding two.
B.
Transient performances. For stage performances not
given in a regularly licensed theater or auditorium, except where
given for a religious or charitable purpose: $75 for a day, $150 for
a week or $250 for a month.
C.
Circus, caravan or menagerie. For each circus, caravan,
carnival, menagerie or outdoor show or exhibition: $150 for each day
the show is open to the public, except where given for a religious
or charitable purpose.
D.
Waiver of fee. A not-for-profit corporation or organization
owning or operating a theater, auditorium or other place of regular
entertainment may request and will receive a waiver of the fee for
a place of regular entertainment. If such corporation or organization
receives a waiver of the fee and during the year rents its place of
entertainment to a profit-making organization, that organization must
obtain a license for transient performances. For the purposes of this
subsection, a not-for-profit corporation or organization that has
regularly performed in the City at least four times per year for the
previous five years shall be considered eligible to receive a waiver.
A.
The Office of Consumer Protection may, in its discretion,
after notice to the licensee and an opportunity for a prompt hearing
before the Director of Consumer Protection, suspend or revoke a license
granted under this chapter if the licensed premises is permitted to
become disorderly or to sell, barter, furnish or to possess in such
licensed establishment any intoxicating beverages, unless licensed
by the New York State Liquor Authority, or to have or permit on the
premises any drugs or any appliances for administering the same or
to permit any gambling; or if the Chief of the Department of Fire
or of the Department of Police determines that the licensed premises
constitute a menace to the health, safety or general welfare of the
public.
B.
Notice to the licensee by personal service or by registered
mail at the address set forth on his application is sufficient for
the purpose of this section.
C.
Failure of a licensee to allow unimpeded and immediate
access to the licensed premises during the regular business hours
thereof to those authorized to make such inspections shall constitute
grounds for immediate temporary suspension of any permit or license
granted under this chapter. In the event that a license is suspended
under this section, a hearing shall be held for consideration of Permanent
suspension, on notice, within five business days.
[Added 2-12-1996 by Ord. No. 96-07]
Except as permitted in writing by the Mayor,
it is unlawful to hold an outdoor show or exhibition in public streets
or upon City-owned property.
A.
Structure regulations.
[Amended 6-2-1986 by L.L. No. 3-1986; 5-30-1989 by Ord. No. 89-49]
(1)
Each theater, hall or auditorium used for public amusement
must be constructed so as to facilitate egress and to afford requisite
and proper accommodation for the protection of the public in case
of fire or accident, and an adequate number of receptacles shall be
provided for the disposal of smoking matter. Each aisle in a building
devoted to public gatherings must be kept free from camp stools, chairs,
sofas and other obstructions during assemblage.
(2)
Every such establishment, as defined in § 264-91 of the Code of Ordinances, which contains booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, shall not be permitted unless such booths, stalls, partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment. The standards as set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses.
B.
The owner, lessee or person operating each theater,
auditorium, hall or other place of public assemblage shall keep the
premises in a clean, sanitary condition, shall provide separate rest
room facilities for males and females, shall provide sufficient means
of ventilating each room and shall maintain proper degrees of temperature
and humidity in each room. The temperature of such rooms, when used
for public assemblage, must be maintained at not less than 60º
F. during the winter months.
C.
The owner, lessee or person operating each electronic game establishment must, in addition to § 128-6B:
(1)
Provide on-site supervision at all times of business
by a person 18 years or older who shall ensure that it is operated
in compliance with these regulations. Exceptions to this requirement
may be granted by the Office of Consumer Protection upon receipt of
written request.
(2)
Permit premises to be inspected for approval by the
designated Electrical Inspector.
(3)
Cooperate fully with officers of the Bureau of Consumer
Protection, Police Department, Fire Department and members of the
Building Inspector's office.
(4)
Cooperate with City officials to control loitering
outside of the premises.
(5)
Keep windows free from any material obstructions so
as to permit visibility from the exterior by any enforcement agencies.
(6)
Provide any such information as the Office of Consumer
Protection may deem necessary.
D.
The requirements of these provisions are in addition
to any other requirements of law concerning buildings.
A violation of any provision of this chapter
shall be liable for the payment to the City of a civil penalty in
the amount of $100 for each violation recoverable in a civil action
or by a civil compromise after a hearing on the violation.
[Added 9-9-1985 by Ord. No. 85-80A]
A.
It shall be unlawful for any female person to appear,
work, entertain, act or display herself in a public place or a place
open to the public clothed or costumed in such a manner that a portion
of her breast below the top of the areola is not covered with a fully
opaque covering or in such a manner that the genitals, pubic area
or buttocks are not covered with a fully opaque covering.
[Amended 8-14-2000 by Ord. No. 2000-7B]
B.
It shall be unlawful for any male to appear, work,
entertain, act or display himself in a public place or a place open
to the public clothed or costumed in such a manner, that his genitals,
pubic area or buttocks are not covered with a fully opaque covering.
[Amended 8-14-2000 by Ord. No. 2000-7B]
C.
It shall be unlawful for any person to knowingly conduct,
maintain, own, lease, manage, operate or furnish any public place
or a place open to the public where a female or male person is not
clothed, costumed or covered as required herein.
[Amended 8-14-2000 by Ord. No. 2000-7B]
D.
Any person found guilty of violating any of the subsections
of this section shall be guilty of a violation and shall be subject
to a fine not to exceed $250 or by imprisonment not to exceed 15 days
or by both such fine and imprisonment.
[Added 2-12-1996 by Ord. No. 96-07]
Every licensed establishment as defined in § 128-2 of the Code of Ordinances shall permit inspections of the premises during the regular business hours of the licensee by the Schenectady Police Department and/or the Director of Consumer Protection and/or any other persons designated in writing by the Mayor.
