VILLAGE OF VOORHEESVILLE
Local Law No. 5 of the year 2023
Local Law to provide for the issuance of an Outdoor Music Entertainment Permit within the Village of Voorheesville
Be it enacted by the Board of Trustees of the Village of Voorheesville, in the County of Albany, State of New York, as follows:
SECTION 1. Legislative Intent
This legislation is intended to establish a permit process for outdoor music entertainment that balances the interests of local businesses and musicians with the interests of residents, and ensures appropriate safety and quiet enjoyment of property. It will allow the Village of Voorheesville to obtain necessary information; improve due process; clarify criteria; and specify the procedure and grounds for revoking a permit. In this manner the Village can recognize support for music while ensuring its ability to address potential negative impacts.
SECTION 2. Permit Required; Application
No person shall have, maintain or conduct—as owner, tenant, licensee or employee of any commercial establishment where live music is played and/or where a person plays existing recorded music for a live audience (a live DJ playing recorded music is only allowed pursuant to a Outdoor Music Entertainment Permit or a Special Event Permit)—live music, outdoors in the Village of Voorheesville without having first applied for and received an Outdoor Music Entertainment Permit pursuant to this Local Law. When outdoor recorded music is otherwise played without a permit at a commercial establishment, such music shall be played not as the primary attraction or purpose for patrons to frequent such establishment, but rather shall provide background to enhance the other commercial use of such business. A live DJ playing recorded music is not considered background music.
The issuance of an Outdoor Music Entertainment Permit allows a restaurant, bar, tavern or other commercial establishment to play outdoor live music and/or allow a person to play existing recorded music for a live outdoor audience. Said permit shall be issued by the Village Clerk on receipt of an application and approval by the Board of Trustees, and shall be valid for one (1) calendar year unless or until suspended or revoked by the Board pursuant to Section 5 herein. An Outdoor Music Entertainment Permit does not confer upon the establishment any additional use or accessory use, or expansion of an existing use or accessory use of the property.
SECTION 3. Application for Permit
Applicants for a permit under this chapter must file with the Village Clerk a sworn application in writing on a form to be furnished by the Clerk, which application shall give the following information:
- The name and address of the establishment for which the permit is requested.
- The name, address and telephone number of the establishment owner.
- Whether the establishment or the owner(s) of the establishment have been cited for any violation of any provision of Local Law No. 1 of 2002 ("Noise Control Law") and/or Local Law No. 1 of 2023 of the Village of Voorheesville, as amended; or the subject of any written, bona fide complaint(s) in connection with a prior Permit. The Village Clerk shall confer with the Building Department and Village Attorney to verify any such citation(s) or complaint(s) and the period in which they occurred.
- A brief description of the type and nature of the entertainment for which an Outdoor Music Entertainment Permit is sought (e.g., band, solo musician, acoustic interments, amplified sound, etc.).
- The proposed dates, days of the week and times for which an Outdoor Music Entertainment Permit is sought.
- Any additional information the Village Clerk and/or Board of Trustees shall deem necessary for the purpose of administering the provisions of this Local Law.
- Any change in circumstances with regard to the information provided in an application or on a License shall be reported to the Village Clerk within 30 days.
Applicants and permit holders are advised that any changes to the floor and seating plan due to the inclusion of outdoor music entertainment at their business must comply with all applicable laws, including the Fire Prevention Local Law, and be approved by the Planning Commission and/or Building Department, as applicable.
SECTION 4. Issuance of Permit; Duration
- All Outdoor Music Entertainment Permits may be subject to a permit fee, and the Board of Trustees by resolution duly adopted, from time to time shall establish or amend such fee amount.
- An Outdoor Music Entertainment Permit shall be valid for one (1) calendar year.
- The permit year shall run from January 1st to December 31st of each calendar year.
- The Village Clerk shall keep a record of all permits issued.
- Upon approval of an application by the Board of Trustees, the Village Clerk shall endorse on the application his or her approval and issue an Outdoor Music Entertainment Permit to the applicant. The permit shall contain the following information:
- The signature of the Village Clerk and the Village Seal;
- The name and address of the owner and establishment permitted;
- The conditions, if any, imposed by the Board of Trustees on the permit;
- The date of issuance of the permit; and
- Any permit issued under the provisions of this Local Law shall be the property of the Village of Voorheesville and is subject to the physical removal by the Village should said permit be suspended or revoked pursuant to this Local Law.
- All applicable local laws, rules and regulations of the Village of Voorheesville as they pertain to an Outdoor Music Entertainment Permit and noise, as the same may from time to time be amended shall now and at all times in the future be adhered to.
SECTION 5. Suspension, Revocation, Modification and Limitation of Permit
- If the Village Clerk determines that any establishment has received three (3) citations for any violation of a Village of Voorheesville local law, rule and/or regulation in any permit year; or the Village has received three (3) or more written, bona fide complaints in connection with a Permit, the Village Clerk shall schedule a hearing at a regularly scheduled Board of Trustees meeting, at which time the Board of Trustees will determine whether or not to suspend, revoke, modify or limit the Outdoor Music Entertainment Permit in any way. The Board of Trustees may set any conditions that the Board may deem reasonable to address noise concerns.
- Such hearing shall be a public hearing, written notice having been served on the permit holder personally or by certified mail, return receipt requested, addressed to the place of business of the permit holder as set forth in the most recent permit application, at least ten (10) days prior to the hearing. For purposes of this Local Law, any citations issued to any owner, employee, representative or agents, whether paid or unpaid, of an establishment are deemed to have been issued to that establishment.
- The permit holder will be notified of the determination of the Board of Trustees, in writing, within fifteen (15) days of the hearing. Such determination will remain on file in the Office of the Village Clerk. The determinations of the Board of Trustees shall be final but do not preclude an establishment or owner from applying for a permit the next permit year, subject to a new review by the Board of Trustees at that time.
- Should ownership of an establishment change prior to a final determination of the Board of Trustees with respect to a scheduled hearing, the new owner may
only obtain an Outdoor Music Entertainment Permit after a hearing of the Board of Trustees. Such hearing shall only be scheduled at the request of the new owner. Similarly, all modifications and limitations of a permit as set forth by the Board of Trustees after a duly noticed public hearing as per this Section shall be binding on subsequent owners. However, an owner may seek to remove any limitation or modification of a permit by requesting a Board of Trustees hearing, which shall be subject to the provisions of Subsection B above.
SECTION 6. Authority
The proposed local law is enacted pursuant to Municipal Home Rule Law
SECTION 7. Severability
If any section of subsection, paragraph, clause, phrase or provision of this Local Law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this Local Law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.
SECTION 8. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.