Greenport City Zoning Code
ARTICLE XVII
Entertainment Permits
§ 150-51 Entertainment permits.
A.
Permit required. Subject to § 150-51I below, no entertainment or hosting of a catered event or events shall take place on properties located in the CR Retail Commercial District, CG General Commercial District or WC Waterfront Commercial District unless the applicable business, property or entity hosting such entertainment or catered affair shall have first been issued a valid entertainment permit pursuant to this section. Entertainment permits issued pursuant to this § 150-51 shall not exempt the need for compliance, or be excused from any noncompliance, with any other applicable provisions of this Chapter 150, the Greenport Village Code, including, without limitation, the provisions of Chapter 88 (Noise), or any other state or local requirements or standards made applicable to such business and its operations pursuant to any other applicable local, state or federal law.
B.
Application for entertainment permit. Any person, business or entity desiring to obtain an entertainment permit shall file an application for the entertainment permit with the Building Inspector on an application form to be furnished by the Building Inspector and approved by the Board of Trustees, which application shall include at least the following information and any other information determined by the Board of Trustees or the Building Inspector to be required:
(1)
Name, address, Suffolk County Tax Map number and telephone number of the business and property on which the entertainment and/or catered event or events is or are intended to be hosted.
(2)
A description of the nature of the activity, use or business of the particular business, entity and/or property for which the permit is being requested (including whether such business or entity operates all or a portion of its business outdoors).
(3)
An operating report in respect of the applicable business, entity or property that includes the following information:
(a)
A summary of the type of catered events and/or entertainment which such business, entity or property intends to provide, including the approximate maximum number of persons anticipated to be present within the business or on the applicable property in connection with the hosting of any entertainment or catered affair;
(b)
The approximate anticipated days and hours during which such business, entity or property contemplates hosting entertainment and/or catered affairs; a description of the proposed placement of seating (to the extent seating is to be altered in or at the establishment or applicable property in connection with the hosting of any entertainment or catered affair from that which applies during normal operations of such business);
(c)
Any stage or dancing areas, security arrangements and any proposed noise mitigation or buffering arrangements to be included in connection with the hosting of entertainment and/or catered affairs;
(d)
A statement as to the compatibility of the hosting of entertainment and/or catered affairs with the properties immediately adjacent to the property on which such entertainment or catered affairs will take place as well as the immediately surrounding neighborhood; and
(e)
Such other information as to the operation and management of the applicable business, entity or property as the applicant feels is relevant to a determination as to whether such business, entity or property should be granted an entertainment permit.
(4)
A summary of the days and hours of the event or operation of the applicable business, entity or property.
(5)
The name or names of and contact information (address and phone number) of all responsible persons for such business, entity or property (which information, for the avoidance of doubt, shall be available to residents of the Village upon request).
(6)
Confirmation as to whether or not any responsible person of the business or entity has been convicted of any criminal offenses, whether misdemeanor or felony, within the past five years, the nature of such offense(s) (if any) and the sentence(s) (if any) received therefor.
(7)
A summary of any code violations for which any responsible person or any property owned by such responsible person or any business operated by such responsible person in New York State or the applicable business, entity or property that is the subject of such application has received notice of in the immediately preceding five years, together with information as to any resolution of such code violations.
(8)
Such other information as the Building Inspector may deem necessary for the purpose of review of such application and for the administering of the provisions of this chapter.
C.
Issuance of entertainment permit.
(1)
All entertainment permits shall be subject to the payment of a permit fee as and in an amount to be established by a resolution of the Board of Trustees of the Village, which amount and payment may be further set or amended by a resolution of the Board of Trustees from time to time.
(2)
An entertainment permit shall be issued a) in the case of any renewal of any entertainment permit, subject to the satisfaction of the conditions set forth in Subsection C(3) below, by the Building Inspector, and b) in all other cases, by the Building Inspector following receipt of approval by the Planning Board in accordance with Subsection C(4) below.
(3)
Prior to the expiration of any existing and valid entertainment permit, the Building Inspector shall send the relevant permit holder a form to verify that the information most recently provided in connection with the issuance of such entertainment permit pursuant this § 150-51 is still accurate, other than in respect of any updated summary of any code violations that have arisen since such prior application. Once such completed form is returned, the Building Inspector may issue a new permit to the applicant, so long as such applicant is still eligible for a permit. Any permit holder who fails to return a completed form before the expiration of the then-existing entertainment permit will need to make a new application for a permit. An applicant who files a renewal application shall be deemed to still be eligible for a permit renewal so long a) there has been no change of control of such applicant since the most recently filed application for an entertainment permit, b) no more than three code violations have been issued to the applicable business, entity or property since the last entertainment permit was issued and no more than five code violations have been issued to any other business or property owned by any controlling person since the last entertainment permit was issued, and c) the then-existing entertainment permit otherwise remains in full force and effect.
(4)
Following the receipt of an application for an entertainment permit for any business, entity or property and after public notice, the Planning Board shall hold a public hearing in respect of the issuance of such entertainment permit. Following such public hearing, the Planning Board may authorize the issuance by the Building Inspector of an entertainment permit for the applicable business or entity if the Planning Board determines the following:
(a)
No responsible person has, within the past five years, been convicted of a felony or misdemeanor that is substantially related to the qualifications, functions or duties of a proprietor or manager of a business, entity or property that hosts entertainment or catered affairs.
(b)
Neither the applicant business, entity or property nor any responsible person has a history of pervasive code violations in connection with the operation of a business providing entertainment or catered affairs.
(c)
The applicable business, entity or property has not been the subject of pervasive code violations in the immediately preceding five-year period.
(d)
The proposed entertainment and/or catered affairs will not unduly interfere with the public health, safety and welfare and the comfort, convenience, and order of the Village in general and of the residents of the immediate neighborhood in particular.
(e)
The nature, scale and operating characteristics of such business, entity or property in providing entertainment or catered affairs are compatible with existing and future land uses in the surrounding neighborhood.
(f)
The proposed operating plan for the applicable business, entity or property is sufficient to ensure compliance with applicable provisions of the Code and other applicable laws, including in respect of occupancy limits, noise and other potential nuisances to the surrounding neighborhood.
(g)
Appropriate buffering will be in place to reduce any impact of the proposed activities in respect of noise, light or other potential nuisances in the surrounding neighborhood.
(h)
The proposed entertainment and/or hosting of catered affairs will not generate noise of such character, intensity or duration as to be detrimental to the health or quality of life of reasonable persons of ordinary sensibilities.
(i)
Speakers and any other noise-generating equipment are oriented away from residential dwellings or areas.
(j)
It does not appear that the application contains any false or misleading material information.
(5)
In approving any application for an entertainment permit, the Planning Board may impose such conditions and safeguards as it may deem reasonably necessary in connection with the activities to be permitted under such entertainment permit so as to take into account the public health, safety and welfare and the comfort and convenience of the public in general and in particular of the residents of the immediately surrounding neighborhoods, including additional restrictions in terms of the hours during which such entertainment may take place and requiring noise buffering to reduce the impact of any noise arising in connection with any activities permitted under the applicable entertainment permit. The Planning Board may also provide for specific exceptions to any restrictions set forth in this section as applicable to any entertainment permit to the extent it reasonably determines that such exceptions will not have an adverse effect on public health, safety and welfare or the comfort and convenience of the public in general and in particular the residents of the immediately surrounding neighborhoods.
(6)
Anyone denied the issuance of an entertainment permit may appeal such denial within 30 days to the Board of Trustees of the Village.
(7)
The Building Inspector shall keep a record of all entertainment permits issued and the term of each such permit.
D.
Operation.
(1)
Except as otherwise expressly provided in any applicable entertainment permit, all entertainment or catered affairs will cease by no later than 11:00 p.m., or in the case of any Friday, Saturday or a Sunday that immediately precedes a federal holiday that falls between the Friday occurring immediately preceding Memorial Day and October 1, 12:30 a.m., and a responsible person shall be present at the applicable business or property hosting any entertainment or catered affair during all hours during which such entertainment is offered or such catered affair is occurring.
(2)
Each business, entity or property that is the recipient of any entertainment permit shall use all reasonable efforts to prevent or minimize disorderly conduct from arising within the relevant business or property and in the surrounding neighborhood as a result of the hosting of entertainment and/or catered events.
E.
Duration of permit. An entertainment permit issued pursuant to this chapter shall be valid for two years from the year it is issued, subject to any conditions or restrictions included in connection with the issuance of such permit.
F.
Suspension and termination of permit.
(1)
An entertainment permit may be suspended, modified or revoked by the Village Board of Trustees for any of the following reasons:
(a)
Entertainment and/or catered events have been conducted in a manner contrary to any conditions set forth in the applicable entertainment permit.
(b)
Entertainment and/or catered events have been conducted in a manner substantially different from that described in the summary of operations and other information included in the applicable application for the applicable entertainment permit.
(c)
The activities being conducted by the relevant business, entity or property in connection with providing entertainment or hosting catered affairs have violated or are violating applicable federal, state or local laws, rules or regulations.
(d)
Any controlling person has been convicted of a felony or misdemeanor occurring upon, or relating to the property upon which such entertainment or catered affairs are located, which offense is classified as an offense involving sexual crimes against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution, pandering, drug offenses, violence or unlawful possession of a weapon.
(e)
Entertainment or catered events have been conducted in an illegal manner or routinely have resulted in disorderly conduct or are otherwise being conducted in such a manner as to constitute an unreasonable burden on the reasonable use and enjoyment of neighboring properties.
(f)
The application for such entertainment permit contained materially false, fraudulent or misleading information or knowingly omitted a material fact.
(2)
In the event that the Board of Trustee is considering the suspension or revocation of any entertainment permit, it shall deliver written notice of the proposed suspension or revocation to the applicable business, entity or property to which such entertainment permit has been issued at least 14 calendar days prior to the date of such proposed suspension or revocation. The holder of the applicable entertainment permit may request a hearing on the proposed suspension or revocation by submitting a request for hearing, in writing, to the Board of Trustees within 10 calendar days of receipt of such written notice. A failure to file any such request for hearing shall constitute a waiver of all right to a hearing, and the suspension or revocation will be final.
(3)
If the recipient of an entertainment permit has requested a hearing in respect of any suspension or revocation of such entertainment permit pursuant to Subsection F(2) above, the Board of Trustees shall schedule a public hearing at its next regularly scheduled meeting for which notice requirements can be satisfied. Pending such hearing, the proposed suspension or revocation shall be deemed paused. In connection with any public hearing in respect of any suspension or revocation of any entertainment permit, the Board of Trustees shall take into account the severity of the actions and/or effects giving rise to the decision to consider suspending or revoking such permit and any actions which the applicant proposes to mitigate any adverse effects arising in connection with the applicable activities being engaged in by the business, entity or property under its entertainment permit. The Board may consider remedial actions, actions of third parties and other relevant information as part of the public hearing. The Board of Trustees of the Village shall give written notice of its final decision in respect of any suspension or revocation within 10 calendar days following the holding of such public hearing.
G.
Display of permit. Every business, entity or property which is the subject of an entertainment permit shall ensure that such permit is posted conspicuously on the property to which it is applicable.
H.
Nontransferability of permit.
(1)
No entertainment permit issued under the provisions of this chapter may be transferred or assigned from one business, entity or property to any other business, owner or property or from one owner of such business, entity or property to any subsequent owner of such business, entity or property.
(2)
Any business, entity or property that is the subject of a change of control following the issuance of any entertainment permit shall promptly give the Building Inspector notice of such change of control which shall in any event be no later than 30 days following the occurrence of such change of control.
(3)
Upon any change of control of any business, entity or property after the issuance of any entertainment permit, the applicable entertainment permit shall automatically become invalid and terminate 90 days following the occurrence of such change of control, and the applicable business, entity or property shall be required to file a new application for an entertainment permit with updated details relating to such change of control for consideration pursuant to the terms of this chapter and the issuance of a new entertainment permit.
I.
Exemptions. The following uses and/or activities are exempted from the provisions of this chapter requiring an entertainment permit in connection with the provision of entertainment or the hosting of catered affairs:
(1)
Places of worship, libraries, museums, theaters, schools and fraternal lodges;
(2)
Entertainment or catered affairs sponsored by any bona fide, nonprofit club or association organized for charitable, religious, dramatic or literary purposes and having an established membership which holds a meeting other than entertainment at regular intervals, so long as the proceeds from the relevant entertainment or catered affair are used solely for the benevolent purposes of such club or association;
(3)
Performances by students which are performed under the supervision of a school;
(4)
Dance lessons, theatrical and performing arts lessons and student recitals;
(5)
Normal and customary fitness services provided at any fitness facility;