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Proposed Local Law I-2016
A Proposed Local Law to amend Chapter
150 entitled Dance Halls and Chapter 254
entitled Noise with respect to cabarets,
hours, music restrictions, decibel levels,
testing locations, and violations.
BE IT ENACTED by the Board of Trustees of the Village of Mamaroneck as follows:
{Language in strike-through abcdefghij to be deleted; language in bold is to be added. }
SECTION 1. The provisions of Chapter 150 – Dance Halls and Cabaret are amended to read as
follows:
Chapter 150. DANCE HALLS AND CABARETS
§ 150-1. Definitions; word usage.
A. As used in this chapter, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless dancers, strippers,
male or female impersonators or exotic dancers or other similar
entertainments and which establishment is customarily not open to the public
generally but excludes any minor by reason of age.
CABARET
Any room, place or space in the Village of Mamaroneck in which any live
musical entertainment, including but not limited to live, disc jockey, stereo
or computer generated musical entertainment, singing, dancing or other
similar amusement is permitted in connection with the restaurant business or
the business of directly or indirectly selling to the public food or drink.
PUBLIC DANCE HALL
Any room, place or space in the Village of Mamaroneck in which dancing is
carried on and to which the public may gain admission, either with or
without the payment of a fee, except however, premises owned, occupied or
used by a religious, charitable, governmental or educational corporation or
institution.
PUBLIC DANCE OR BALL
Any dance or ball of any nature or description to which the public may gain
admission.
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B. Residential districts referred to herein are as defined in Chapter 342, Zoning, of the Code of
the Village of Mamaroneck.
§ 150-2. License required.
No person, firm or corporation shall conduct, maintain or operate or engage in the business of
conducting, maintaining or operating in the Village of Mamaroneck a public dance hall or a
cabaret or an adult entertainment cabaret unless the premises wherein the same is conducted,
maintained or operated is licensed in the manner prescribed by this chapter and is otherwise in
compliance with applicable local law. A separate license, fee and insurance are required for
participation in special village events and street fairs.
§ 150-3. Effect on membership corporations, clubs, associations and societies.
A membership corporation, club, association or society which permits any musical
entertainment, including but not limited to live, disc jockey, jukebox, stereo or computergenerated musical entertainment singing, dancing or other form of amusement in premises
wherein any food or drink is directly or indirectly sold to its members or their guests or to the
public shall be subject to the conditions and provisions of this chapter.
§ 150-4. License application; fee; conditions for issuance and renewal.
The license prescribed by this chapter shall be issued by the Village Manager. Application for
such license shall be made on a form containing such information as may be determined by the
Village Manager. The fee for each such license for each year, or fraction thereof, shall be set
forth in Chapter A347, Fees. No such license shall be issued unless the place for which it is
issued complies with all laws and ordinances and with the rules and regulations of the New York
State Building and Fire Code, the Code of the Village of Mamaroneck and the Westchester
County Health Code and, in the opinion of the Village Manager, is a safe and proper place to be
used as a public dance hall, cabaret or club, and the person or persons seeking such license is or
are deemed by the Village Manager to be fit or proper persons and said applicant has not had a
license revoked within the past twelve (12) months.
§ 150-5. Inspections.
A. No license shall be issued until the Village Manager shall have caused an inspection by
the Village’s code enforcement authority to be made of the premises to be licensed and
until the Village Manager is satisfied that such place complies with all laws and
ordinances of the village and the rules and regulations of all departments of the village
and that the person or persons seeking such license is or are fit and proper persons. The
Village Manager shall also cause to be made such inspection as may be necessary to
ascertain whether the places licensed are maintained in compliance with law. For the
purpose of facilitating the inspection prescribed by this section, the Village Manager is
authorized to call upon the head of any other department of the village, and such
department and its employees shall make such inspection as may be required. The Village
Manager and the employees of any department assigned to make inspections under this
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chapter shall be permitted to have access to all public halls and cabarets at all reasonable
times.
B. The Village shall have the authority to perform at least quarterly unannounced
inspections to confirm compliance with Chapter 254. The fee for such inspection
shall be as set forth in Chapter A347, Fees of the Code of the Village of
Mamaroneck.
§ 150-6. Temporary license.
Pending the investigation of any application and the final disposition thereof, the Village
Manager is hereby authorized to issue a temporary thirty-day permit, which may be renewed
from time to time, upon such terms and conditions as may be fixed by the Village Manager and
approved by the Board of Trustees. The fee for any such temporary permit shall be set forth in
Chapter A347, Fees. A temporary permit may be revoked in the manner as set forth in § 150-11
of this chapter.
§ 150-7. Duration of license; renewals.
A. The term of licenses shall be for a period of one (1) year, commencing with January 1 and
terminating at the end of the following December, except that an original license shall be
effective from the date the license is granted to the end of the month of December following.
B. Renewal applications shall be submitted to the Village Clerk at least thirty (30) days prior to
expiration of the license. Renewals of licenses shall be effective for the one-year term described
above.
§ 150-8. Display of license.
Each license issued pursuant to this chapter shall be at all times displayed in a conspicuous place
at the main entrance of the premises for which it is issued.
§ 150-9. Days, and hours of and restrictions on operations.
A. No musical entertainment, including but not limited to live, disc jockey, jukebox,
stereo or computer-generated music shall be played or dancing permitted on premises
licensed by this chapter between the hours of 2:00 a.m. and 8:00 a.m. on mornings of
days following Fridays and Saturdays and on mornings of days following holiday eves
which are recognized by the State of New York. On all other days, no musical
entertainment, including but not limited to live, disc jockey, jukebox, stereo or
computer-generated music shall be played or dancing permitted between the hours of
1:00 a.m. and 8:00 a.m. The Village Manager, in his discretion, may permit any premises
licensed pursuant to this chapter to be open to the public between such prohibited hours
on special occasions.
B. No outdoor musical entertainment, including but not limited to live, disc jockey,
jukebox, stereo or computer generated music, shall be played or dancing permitted
on outdoor premises licensed by this chapter after 10:00 p.m. and before 10:00 a.m.
Sunday through Saturday for Village-sponsored special events or festivities. The
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Village Manager, in his discretion, may permit any premises licensed pursuant to
this chapter to be open to the public between such prohibited hours on special
occasions including but not limited to street fairs or parades that have been
authorized by the Board of Trustees.
§ 150-10. Cut-off Switch.
All circuits supplying electricity to the sound equipment shall be equipped with a dry
contact relay that will interrupt the electrical current to those circuits when the Fire Alarm
is activated, thereby turning off all amplified sound, microphones and music.
§ 150-11. Transferability.
No license issued 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, nor shall such
license be used for any location other than the location stated on such license.
§ 150-12. Revocation of license; hearing.
A license may be revoked by the Board of Trustees for any violation of law or upon the ground
that disorderly, obscene or immoral conduct is permitted on the licensed premises. The Village
Manager, upon direction of the Board of Trustees of the village, shall cause to be served upon
such parties, as they may deem to be interested therein, such reasonable notice, as they may
determine to be proper, of its intention to revoke such license. There shall be included in or
attached to such notice a statement of the facts constituting the violation charged. Such parties
shall be entitled to a hearing before the Board of Trustees.
§ 150-13. Penalties for offenses.
A. Any person licensee convicted of committing an offense against any provision of this chapter
or any rule or regulation adopted pursuant to this chapter shall be punishable by a fines in the
amount of not more than two hundred fifty ($250.) or by imprisonment for a term of not more
than fifteen (15) days, or by both such fine and imprisonment and penalties that shall be tiered
as follows:
i. For the first offense within a twelve-month period, no fine.
ii. For the second and third offenses within a twelve-month period, a fine of not more
than two hundred fifty dollars ($250) per incident.
iii. For the fourth offense within a twelve-month period, a fine of not more than five
hundred dollars ($500) per incident, or by imprisonment for a term of not more
than fifteen (15) days, or by both such fine and imprisonment.
iv. For the fifth offense within a twelve-month period, revocation of such permit for a
period of up to twelve (12) months, plus a fine of not more than five hundred dollars
($500), or by imprisonment for a term of not more than fifteen (15) days, or by both
such fine and imprisonment.
B. Conviction for an offense against this chapter shall constitute and effect immediate forfeiture
and cancellation of any license issued hereunder.
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SECTION 2. The provisions of Section 254-5 Maximum decibel levels permitted of Chapter 254 –
Noise are amended to read as follows:
§ 254-5. Maximum decibel levels permitted.
A. Except for noise emanating from the operation of motor vehicles, the permissible intensity of
noise from the foregoing acts between the hours from 8:00 a.m. to 10:00 p.m. and from 10:00
p.m. to 8:00 a.m., respectively, whether such noise is intermittent, impulsive, sporadic or
continuous, is as follows, measured at a point no closer than sixty (60) feet to the noise
source, as best that point can be estimated by the operator of the sound-measuring device
without the use of any distance-measuring equipment:
Maximum Sound Pressure Level in Decibels
("A" Scale Reading of Standard Calibrated Sound Meter)
Instrument Calibration Frequency in Cycles Per
8:00 a.m. to 10:00
Second (Hz)
p.m.
100
70
Instrument Calibration Frequency in Cycles 8:00 a.m. to 10:00 p.m. Per Second (Hz) 100 70 10:00 p.m. to 8:00
a.m.
62
10:00 p.m. to 8:00 a.m. 62 B. The intensity of sound shall be measured at a point no closer than sixty (60) feet to the noise
source, as best that point can be estimated by the operator of the sound-measuring device without
the use of any distance-measuring equipment.
B. For music permitted by Dance Halls and Cabarets under Chapter 150, measurements
should be taken outside, at or about the property line, for these purposes the standard
should be the sidewalk or lawn next to the street of the premises in question. For Dance
Halls and Cabarets, the following levels apply:
Maximum Sound Pressure Level in Decibels
("A" Scale Reading of Standard Calibrated Sound Meter)
Instrument Calibration Frequency in Cycles Per Second (Hz) 12:00 p.m. (Noon) 10:00 p.m. to 2:00 a.m. to 10:00 p.m. 100 75 70 *Note Chapter 150-9 for end-hours when indoor music authorized under Cabaret licenses
must stop.
C. For outdoor music permitted under Chapter 150, measurements should be taken within
fifty feet, at or about the sidewalk across the street. The following levels apply:
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Outdoor Village Event Cabarets Maximum
Sound Pressure Level in Decibels
("A" Scale Reading of Standard Calibrated Sound Meter)
Instrument Calibration Frequency in Cycles Per Second (Hz) 12:00 p.m. to 10:00 p.m. 10:00 p.m. to 12:00 p.m.(Noon) 100 80 70 *Reference is made to Chapter 150-9 for end-hours when outdoor music must stop.
SECTION 3. Severability.
If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason,
declared invalid, in whole or in part, by any court, agency, commission, legislative body or other
authority of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent portion. Such declaration shall not affect the validity of the remaining portions
hereof, which other portions shall continue in full force and effect.
SECTION 4. Effective Date
This Local Law shall take effect immediately upon adoption and filing in the office of the
Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
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