§ 120-4. Issuance and renewal of license.

A. 

The Commissioner may refuse to issue or renew a license to an applicant upon the occurrence of any one or more of the following conditions. In addition, occurrence of any one or more of the following conditions shall be deemed a violation of this Chapter:

(1) 

The applicant, licensee, its officers, principals, directors or stockholders owning more than 10% of the outstanding stock of the corporation have not submitted complete and accurate information required by the Department in connection with:

(a) 

An application for a license or renewal thereof;

(b) 

An application for the approval of a change of ownership; and

(c) 

The furnishing of a record of convictions for offenses as provided in § 120-4A(6) hereof.

(2) 

The premises on or in which the licensed business is to be conducted, maintained or operated is not in compliance with the health, fire, buildings, zoning, water, gas and electricity safety requirements and standards established by the laws of the City of New Rochelle, the County of Westchester, and the State of New York or any other governmental authority having jurisdiction thereof.

(3) 

There is no current certificate of occupancy to operate the business for which the license is sought.

(4) 

There is no Public Assembly License for the premises on or in which the licensed business is to be conducted, maintained or operated. No Cabaret may be conducted, maintained or operated in any premises with a Public Assembly limit of less than 50 persons.

(5) 

The applicant, licensee, its officers, principals, directors or stockholders have not complied with the regulations of the Commissioner or have violated any of the provisions of this chapter.

(6) 

The applicant, licensee, its officers, principals, directors or stockholders owning more than 10% of the outstanding stock of the corporation have been convicted of:

(a) 

Any offense which is a felony under the laws of this state or a crime committed in violation of the laws of any other jurisdiction which if committed in this state would be a felony;

(b) 

Any offense which is a misdemeanor related to and/or involving the premises on or in which the licensed business is to be conducted, maintained or operated.

(7) 

The applicant, licensee, its officers, principals, director or stockholders owning more than 10% of the outstanding stock of the corporation have suffered or permitted the premises on or in which the licensed business is to be conducted, maintained or operated through improper or inadequate maintenance and supervision, to be used for the commission of any of the offenses set forth in § 120-4A(6); and/or to be used, on three or more separate occurrences in any given twelve-month period, for the unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of 21 years of age as prohibited under § 65-c of the Alcoholic Beverage Control Law, and/or the commission of other conduct prohibited under federal, state, county, and/or City law.

(8) 

The applicant, licensee, its officers, principals, directors or stockholders owning more than 10% of the outstanding stock of the corporation have not paid, within the time permitted by law, any fine, penalty or judgment duly imposed in connection with or arising from the use, occupation or operation of the premises on which the licensed business is to be conducted, maintained or operated.

(9) 

The applicant, licensee, its officers, principals, directors or stockholders owning more than 10% of the outstanding stock of the corporation have suffered or permitted individuals of less than 18 years of age to commercially promote use of the premises as a Cabaret and/or Catering Establishment.

(10) 

The applicant, licensee, its officers, principals, directors or stockholders owning more than 10% of the outstanding stock of the corporation have been enjoined against operation of the Cabaret or Catering Establishment and/or civil penalties have been assessed in connection with or related to such injunction, all pursuant to Chapter 257, Property and Building Nuisances, of the New Rochelle City Code.

(11) 

If the premises is licensed as an Accessory Cabaret and the principal business is a restaurant and/or restaurant/bar, the restaurant is not open for business with a full menu and waitstaff at least 60% of the hours the premises is open to the public for business.

(12) 

If the premises is licensed as an Accessory Cabaret and dancing is provided by performers and/or patrons, the dance floor is not demarcated, the dance floor occupies more than 40% of the net floor area of the premises, and/or the dancing is not limited to such demarcated area.

B. 

Each applicant and licensee shall notify the Department in writing by registered mail, return receipt requested, within three business days of receipt of notice of service of a summons for a violation relating to the operation of the business licensed or to be licensed or to the premises on or in which the business licensed or to be licensed is to be conducted, maintained or operated and of a conviction for any offense set forth in § 120-4A hereof occurring after the filing date of the application for a license or a renewal thereof or occurring during the term of the license.

C. 

In the manner prescribed in Rule 318 of the Civil Practice Law and Rules, each applicant or licensee shall designate an agent, a substitute agent and a successor agent located within the City of New Rochelle for receiving service of process and communications from the Department. Proof of such designation shall be filed with the license application at the Department.

D. 

Each applicant and licensee shall produce floor plans for the premises showing the aggregate percentage of the premises devoted to musical entertainment and dancing and the location of the dance floor, if any.

E. 

Each applicant and licensee shall produce its safety evacuation plan and its security plan, including but not limited to the adequacy and number of security personnel employed and/or retained on the licensed premises to the Department at the time of application for a license hereunder and at any other time on request of the Department. Each applicant and licensee shall maintain on the licensed premises a list and pedigree of all security personnel who are currently and who have worked for the preceding twelve-month period on the licensed premises and shall produce such list and photographs to the Department at its request. All security personnel employed and/or retained on the licensed premises shall be registered with the Department of State pursuant to Article 7-A, Security Guard Act, of the General Business Law.

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