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Rockland County, NY
 
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[HISTORY: Adopted by the Rockland County Legislature 11-17-1981 by L.L. No. 8-1981. Amendments noted where applicable.]
[Amended 10-1-1985 by L.L. No. 10-1995]
It is hereby declared and found that, because of recent experiences by the public regarding the failure of certain theater promoters to provide refunds to members of the public when the performances are canceled and because it has been known that some professional fund-raisers and professional solicitors oversell tickets and/or misstate or misrepresent themselves to potential purchasers of tickets or advertisements, it is necessary to enact a local law which would require a license and a bond for those theater promoters, professional solicitors and/or professional fund-raisers who conduct or promote live theatrical performances or sell space in journals or special interest, limited-circulation publications for profit in Rockland County. This chapter is not designed or intended to require those not-for-profit organizations in the County such as the Antrim Players, American Bach Society, etc., to obtain a license and a bond since those organizations are nonprofit organizations and provide these services for the sole reason of promoting public interest in local theater presentations.
[Amended 10-1-1985 by L.L. No. 10-1985]
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL COVENTURER
Any person, firm, corporation or association who, for profit or other commercial consideration, shall conduct, promote, underwrite, arrange or sponsor a sale, performance or other event of any kind which is advertised and will benefit, to any extent, a charitable or religious organization. However, any such person who will benefit in goodwill only shall not be deemed a "commercial coventurer" if the collection and distribution of the proceeds of the sale, performance or event are supervised and controlled by the benefiting charitable or religious organizations.
PROFESSIONAL FUNDRAISER
Any person, firm, corporation or association engaged in the business of raising funds for charitable or not-for-profit organizations.
PROFESSIONAL SOLICITOR
Any person employed by a professional fund-raiser in Rockland County.
THEATER PROMOTER
Any person, firm, corporation or association who for profit engage in the business of conducting or promoting a musical, dramatic, dance or other stage rendition by living persons and/or animals in a concert hall, rental hall, auditorium, theater or other public place with an occupancy capacity in excess of 200 persons. A "theater promoter" shall not mean those persons, firms, corporations or associations who engage in such activities for the sole reason of promoting public interests in musical, dramatic, stage, dance or drama without profit.
[Amended 6-4-1991 by L.L. No. 6-1991]
[Amended 5-8-1984 by L.L. No. 6-1984; 10-1-1985 by L.L. No. 10-1985]
A. 
No person, firm, corporation or association shall, within the County of Rockland, establish, engage in or carry on, directly or indirectly, the business of theater promoter, professional fund-raiser and/or commercial coventurer, separately or in connection with some other business, without first having obtained and having in full force and effect a license as provided herein. Such person, firm, corporation or association shall also have a valid, current certificate of registration from the Secretary of State of the State of New York as required by Article 7-A of the Executive Law. A copy of such certificate shall be submitted to the Director prior to the issuance of a license.
B. 
Such license and certificate of registration shall be displayed in a conspicuous place at the designated place of business of the licensee within the County of Rockland.
C. 
Every person employed as a solicitor by a professional fund-raiser, theater promoter or commercial coventurer must register with the Director.
D. 
All solicitation/advertising must set forth the portion of the sales price or percentage of the gross proceeds that the charitable or not-for-profit organization will receive.
A. 
Every person desiring to procure a license shall file with the Director of Weights and Measures, hereinafter referred to as the "Director," an application, supplied by the Director, containing the following information:
(1) 
The name and a description of the applicant. Individuals operating under a trade name shall present a certified copy of the trade name certificate filed in the Rockland County Clerk's office. A partnership conducting business, whether or not under a trade name, shall submit a certified copy of the partnership certificate filed in the Rockland County Clerk's office when the partnership was formed. A corporation shall furnish a photostatic copy of its certificate of incorporation and, if a foreign corporation, its certificate of authority to do business in New York State and, if operating under a trade name, a certificate of doing business filed with the Secretary of State of the State of New York.
(2) 
The address of the applicant.
(3) 
That the applicant is of legal age.
(4) 
A statement as to whether or not the applicant has within the past 10 years been convicted of any crime or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor and such other facts or evidence as is deemed necessary to establish that the applicant is a person fit and capable of properly conducting the activity or business for which the license is sought.
(5) 
A description of the type of theater promotion, fund-raising or solicitation the applicant intends to conduct, the location and date(s) on which the event will be held and where the promoter will establish his office(s) within the County.
[Amended 5-8-1984 by L.L. No. 6-1984; 10-1-1985 by L.L. No. 10-1985]
(6) 
The name and address of the owner or owners of the business premises and the nature of the right of occupancy of the applicant to the use of said premises.
(7) 
A corporate applicant shall furnish the name, address and title of the officer of the corporation or the designated agent of service upon whom process or other legal notice may be served.
(8) 
A copy of the completed contract between the promoter and the sponsoring organization.
[Added 5-8-1984 by L.L. No. 6-1984]
(9) 
A copy of the current itinerary and a copy of the script(s) used in telephone solicitations.
[Added 10-1-1985 by L.L. No. 10-1985]
B. 
Such application for a theater promoter's license shall be accompanied by a nonrefundable license fee of $500.
[Amended 5-8-1984 by L.L. No. 6-1984; 9-4-1990 by L.L. No. 8-1990]
C. 
Every professional solicitor must file with the Director an application, supplied by the Director, containing the following information:
[Added 10-1-1985 by L.L. No. 10-1985]
(1) 
The name and a description of the applicant.
(2) 
The address of the applicant.
(3) 
That the applicant is of legal age.
(4) 
A statement as to whether or not applicant has within the past 10 years been convicted of any crime, the nature of the offense and the punishment or penalty assessed therefrom and such other facts or evidence as is deemed necessary to establish that the applicant is a person fit and capable of properly conducting the activity or business for which the license is sought.
(5) 
A passport-size photograph of the applicant taken within the previous six months.
D. 
Such application for a solicitor registration shall be accompanied by nonrefundable fee of $50.
[Added 10-1-1985 by L.L. No. 10-1985; amended 9-4-1990 by L.L. No. 8-1990]
[Amended 5-8-1984 by L.L. No. 6-1984]
A. 
Upon receipt and approval of the license application and the payment of the license fee, the Director shall prepare and deliver to the applicant his license for the event described in the application.
B. 
The Director shall keep a record of all licenses issued, as well as any matters herein described.
C. 
Issuance and renewal conditions.
(1) 
No license shall be issued or renewed under this chapter to any applicant:
(a) 
Who has been convicted of a felony or a misdemeanor within the last 10 years, except for any misdemeanor under the Vehicle and Traffic Law of this state.
(b) 
Who has been found, within the last 10 years, by any court of the state to have practiced a civil fraud, deceit or misrepresentation in the promotion of theater productions, unless the Director shall decide in any particular case, upon the facts there presented, that it is proper to issue the license applied for.
(c) 
Whose license under this chapter has been revoked as provided in § 362-8 of this chapter.
(d) 
Whose license has been suspended under this chapter, and the period of such suspension has not expired at the time of the application for the license.
(e) 
Who has made false statements of a material nature in the application, or who has been found by the Director to have engaged in fraudulent or deceptive practices in securing said license.
(2) 
Notwithstanding any provision of this chapter to the contrary, the Director, in his discretion, may grant a license as provided herein to any applicant who has been convicted of a crime within the last 10 years, upon the finding by the Director that said applicant is of good moral character and has demonstrated reliability and trustworthiness in finance and commercial transactions and would not compromise or jeopardize the public in the promotion of theater productions.
[Amended 5-8-1984 by L.L. No. 6-1984; 6-4-1991 by L.L. No. 6-1991]
Every license shall expire at the close of business of the day succeeding the last date of the event licensed, except that, where the renditions are held at the same permanent location within the County of Rockland on a continuous basis for the same theater promoter, the license shall expire one year from the date of issuance.
No license 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, his agents, employees or duly authorized representatives, said agents, employees or duly authorized representatives having been approved by the Director.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Director for cause for any of the following reasons:
[Amended 5-8-1984 by L.L. No. 6-1984]
(1) 
Fraud, misrepresentation or false statements contained in the application for license.
(2) 
Fraud, misrepresentation or false statements made in the course of carrying on his business as theater promoter.
(3) 
Any violation of this chapter.
(4) 
Conviction of any felony or misdemeanor involving moral turpitude.
(5) 
Conducting the business of theater promoter in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(6) 
Misrepresenting the license as an endorsement of the commodities, foods, goods, wares, merchandise or any article of sale by the County of Rockland.
B. 
Whenever any license shall be revoked, no refund of the license fee shall be made.
[Amended 5-8-1984 by L.L. No. 6-1984]
C. 
Any person aggrieved by the Director, in revoking a license or in refusing to grant a license or the making of any other decision or determination, may take an appeal therefrom to the. Legislature of Rockland County within 30 days after said decision or determination has been made. Such appeal shall be taken by filing with the Clerk to the Legislature a notice of appeal specifying the grounds therefor and the person from whom the appeal is being taken. The Clerk to the Legislature shall forthwith forward to the Legislature the notice of appeal and shall direct the person whose decision or determination is being appealed from to forthwith transmit to the Legislature all the papers constituting the record upon which the action appealed from was taken. The Chairman of the Legislature shall designate three Legislators to hear appeals. A time shall be fixed for the hearing of the appeals, and the notice of the hearing shall be mailed to the appellant and the person whose decision or determination is being appealed at least five days before the hearing date. Upon the hearing, any party may appear in person or by his attorney. The three Legislators designated to hear appeals may reverse or affirm, wholly or partly, or may modify the decision, determination or action appealed from and shall make such decision or determination as, in its sole opinion, ought to be made in the premises and to that end shall have the powers of the person from which the appeal is taken. Any person or persons aggrieved by any determination made upon an appeal may apply to the Supreme Court of the State of New York for a review by a proceeding under Article 78 of the Civil Practice Law and Rules, provided that the proceeding is commenced within 30 days after the filing of the decision in the office of the Clerk to the Legislature.
[Added 10-1-1985 by L.L. No. 10-1985]
[Amended 5-8-1984 by L.L. No. 6-1984; 10-1-1985 by L.L. No. 10-1985]
Any person, firm, corporation or association engaged in the business of conducting or promoting a musical, dramatic, dance or other stage rendition by living persons and/or animals in a concert hall, rental hall, auditorium, theater or other public place for profit shall be required to post a performance bond or other surety with the Office of Consumer Protection, conditional upon the performance of such presentation, at least equal to the total amount of expected ticket receipts if each separate performance is sold to capacity, prior to the selling of any tickets for such performance or performances, or the production and/or distribution of a journal or other publication for which advertising was sold. Failure to abide by this provision shall constitute grounds for the revocation of the promoter's license.
Whenever there shall be a violation of § 362-9 of this chapter, an application may be made by the County Attorney to a court or Justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations. If it shall appear to the satisfaction of the court or Justice that the defendant has in fact violated this chapter, an injunction may be issued by such court or Justice, enjoining and restraining any further violation without requiring proof that any person has, in fact, been injured or damaged thereby, and the court may further direct restitution.
[Amended 10-1-1985 by L.L. No. 10-1985]
A violation of this chapter shall be a misdemeanor punishable by up to one year in jail or a minimum fine of $500 up to a maximum fine of $1,000, or both.