§ 120-2. Definitions.

Whenever used in this chapter the following terms shall mean:

CABARET

Any room, place or space in which any musical entertainment and/or dancing by performers and/or by patrons is permitted in connection with a restaurant business or in connection with the business of directly or indirectly selling food or drink to the public, except eating or drinking places not designed, built or used for dancing which provide musical entertainment either by mechanical devices or by not more than three persons. Cabarets shall be classified and licensed as "Primary Cabarets" and "Accessory Cabarets" as defined herein.

CABARET, ACCESSORY

A Cabaret in which the musical entertainment and/or dancing do not, in the aggregate, occupy more than 40% of the Net Floor Area of the principal business of a restaurant and/or restaurant/bar.

[Added 12-6-2005 by L.L. No. 4-2005]

CABARET, PRIMARY

A Cabaret in which the musical entertainment and/or dancing, in the aggregate, occupy more than 40% of the Net Floor Area of the premises.

[Added 12-6-2005 by L.L. No. 4-2005]

CABARET REVIEW BOARD

The administrative board which may suspend or revoke a license issued under this chapter, consisting of the Police Commissioner, Fire Commissioner, and Commissioner of Development.

CATERING ESTABLISHMENT

Any room, place or space in the City, which is used, leased or hired out or for the business of serving food or beverages for a particular function, occasion or event, to which the public is not invited or admitted and wherein musical entertainment and/or dancing are permitted.

CITY

City of New Rochelle.

COMMISSIONER

The Police Commissioner of the Police Department of the City of New Rochelle.

DEPARTMENT

The Police Department of the City of New Rochelle.

EMPLOYEE

A person employed in any capacity or title in connection with a Cabaret or Catering Establishment, including the licensee and any and all persons responsible for the control or management thereof. It shall also include a concessionaire and each person employed by such concessionaire.

NET FLOOR AREA

That floor area of a premises open to the public not including bathroom facilities.

[Added 12-6-2005 by L.L. No. 4-2005]

PERSON

An individual, corporation, club, partnership, association, legal entity, society, or any other organized group of persons, and shall include officers, directors and trustees of a corporation, club, association of society.

Amended 12-6-2005 by L.L. No. 4-2005