HomeMy WebLinkAboutLL-1994 #20LOCAL LAW NO. 20 , 199L~
A Local Law in Relation to Public Entertainment and Special Events
BE IT ENACTED. by the Town Board of the Town of Southold as follows:
INTENT: The intent of this amendment is to allow wineries to hold outdoor.
for-profit events, under certain restrictions.
Chapter 27 (134~z~,~--,- f~kr~-,- c~t'~l'~ an~J- p'c~ entert~knment~ is hereby
changed to (Public Entertainment and Special Events)
Former section 27-1E is hereby renumbered to 27-1F. and a new
section 27-1E is hereby added to read as follows:
E. If a winery holds an outdoor event, for profit, at which the
expected attendance exceeds the maximum occupancy of the
public area of the buildin9, the winery must obtain approval
from the Zoning Board of Appeals. An application shall be
accompanied by a fifty dollar ($50.00) fee. In 9rantin9 such
approval the following factors must be considered:
1. All parkincj must be off-street and traffic control must
be provided by the winery;
2. Adequate sanitary facilities must be provided;
3~- All food must be catered and prepared off-site;
Events for 300 or more people require preparation of a
traffic control plan.
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions
** Overstrike represents deletions
N¥S DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Atbany, NY 12231-0001
DATE: 10/18/94
MUNICIPALITYTow~' ~f $ou~hold
LOCAL LAW(S) NO. YEAR994I
FILING DATE
9/26/94
Local Law AcknowleJgment
Judith T. Terry, Southold To~ Clerk
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
DOS-2~6 (Rev, 6/90)
The above-refereaced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request_
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
~l¢~x of Southold
Town ..........................................................................................
20 94
Local Law No ..................................... of the year 19- .....
Town Board
Be it enacted by the ......................................................................................... of the
eioF of.._._S.o._u..t..h.o. Ld. ......................................................................... as ronows:
Town
I1.
Chapter 27 is hereby changed to Public Entertainment and Special Events
Former section 27-1E is hereby renumbered to 27-1F, and a new
section 27-1E is hereby added to read as follows:
Ee
If a winery holds an outdoor event, for profit, at which the
expected attendance exceeds the maximum occupancy of the
public area of the building, the winery must obtain approval
from the Zoning Board of Appeals. An application shall be
accompanied by a fifty dollar ($50.00) fee. In granting such
approval the following factors must be considered:
All parking mus~ be off-street and traffic control must
be provided by the winery;
2. Adequate sanitary facilities must be provided;
3. All food must be catered and prepared off-site;
4. Events for 300 or more people require preparation of a
traffic control plan.
This Local Law shall take effect upon its filing with the Secretary of
State.
(If additional space is needed, attach pages the samo size as this shec~t, and number each.)
vos-~9 (~¢~,. 7,9~) (1)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ........ _2__0. ........................of 19--97---
of the (~n~ ~){Town)(Se~tl~) of .... .S. 9. _u_ _t_h_ _o_ [ _d_ ............................................... was duly passed by the
.... ......................... accordance with the applicable provisions of law
(Name of Leglslativ¢ Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 --- and was (approved)(not approved).(,repassed after
(Name of Leglslative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
fElective ChlefExecutive
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
[ hereby certify that the local law annexed hereto, designated as local law No .................................... of 19
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name vf LegiMadv¢ Body)
disapproval) by the ................................................. on- .................. 19 ..... Such local law was submitted
(Elective Chief Executive Officer*}
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was ~ed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Leglslative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19- ....in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
. wide basis or, if there be none, the chairperson of the county legislative body~ the mayor of a city or village, or
supervisor ora town where such otlicer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority oflhe
qualified electors of such city voting thereon at the (speciat)(geneml) election held on ................... !9 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
[ hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certlflcation.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ............ , above.
Clerk o£~ C.~u~t~ l~gislafive body, City. Town or ViSe Cleft
or officer designated by local legislative body
Judith T. Terry, Town Clerk
(Seal) Date: September 21, 199q
(Certification to be executed by County Attorney~ Corporation Counsel~ Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
SUFFOLK
COUNtrY OF
I, the undersigned, hereby certify that the foregoing lqcal law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed
Signature ' '~ ' ~x)
Laury L.Dowd, Town Attorney
Title
C, xigx of Southold
Town
Date: September 21, 1994
(3)
PUBLIC HEARING
IN THE MATTER OF A
SOUTHOLD TOWN BOARD
SEPTEMBER 20, 199a,
8:05 P.M.
"LOCAL LAW IN RELATION
TO
PUBLIC
ENTERTAINMENT AND SPECIAL EVENTS".
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Our next public hearing is on a proposed "Local
Law in Relation to Public Entertainment and Special Events".
JUSTICE EVANS: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 6th day of September, 199L~, a Local Law entitled, "A Local
Law in Relation to Public Entertainment and Special Events". Notice is
further given that the Town Board of the Town of Southold will hold a
public hearing on the aforesaid Local Law at the Southold Town Hall, Main
Road, Southold, New York, on the 20th day of September, 199~, at 8:05
P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Public Entertainment and Special Events" reads
as follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
INTENT: The intent of this amendment is to allow wineries to hold
outdoor, for-profit events, under certain restrictions.
I. Chapter 27 (Bazaars, ~a~rs, circuses and pubt~c entertainment) is
hereby changed to (Public Entertainment and Special Events).
1. Former Section 27-1E is hereby renumbered to 27-1F, and a new
Section 27-1E is hereby added to read as follows:
E. If a winery holds an outdoor event, for profit, at which
the expected attendance exceeds the maximum occupancy of
the public area of the building, the winery must obtain
approval from the Zonin~l Board of Appeals. An application
shall be accompanied by a fifty dollar ($50.00) fee. In
granting such approval the following factors must. be
considered:
Pg.2 - PH LL
1. All parkin9 must be off-street and traffic control
must be provided by the winery;
2. Adequate sanitary facilities must be provided.
3_~. All food must be catered and prepared off-site;
~_~. Events for 300 or more people require preparation
of a traffic control plan.
Il.This Local Law shall take effect upon its filing with the Secretary of
State.
* Underscore represents additions
** Overstrike represents deletions
Copies of this Local Law are available in the Office of the Town Clerk to
an,/ interested persons during business hours. Dated: September 6, 1994.
Judith T. Terry, Southold Town Clerk." I have proof of publication in The
Suffolk Times, and The Traveler-Watchman, and affidavit that it was placed
on the Town Clerk's Bulletin Board. There's no correspondence.
SUPERVISOR WICKHAM: Thank you, Louisa. Is there anyone in the
audience, who would like to address the Board on this proposed "Local Law
in Relation to Public Entertainment and Special Events"?
DAN DAMIANOS: Just one point. My name is Dan Damianos. I'm from
Pindar Vineyards, and I totally agree with the amendment. I think it's
wonderful. There was just one question in regards to the event, and that is
the amount of people at the event, indoor/outdoor, and I don't seem to
understand, because if you have, for instance, indoor the ability to house
1~,0 people it seems..economy here, that's the amount that you have
outdoors. That what it appears to be. It's obviously not so.
COUNCILWOMAN OLIVA: What we had come to the conclusion was, that for
fire Feasons you would be able .hold, say if the occupancy rate was lit0,
you'd be able to have 1[~0 people inside. Outside that is up to your
discretion contingent on parking, and then if you had over 300 people we
would require a traffic control plan, so that we would make sure that ail
parking would be off-premises, and that the roads would not be jammed up.
DAN DAMIANOS: Extremely reasonable. Thank you.
SUPERVISOR WICKHAM: Any other comments regarding this proposed Local
Law? (No response.) If not, I declare the hearing closed.
Judith T- Terry ~/
Southold Town Clerk
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
LEGAL 'NOTICE
NOTICE OF
· PUBLIC [:IEARII~'G
ON LOCAL LAW
puBI~IC NOTIcE..is
HEREBY.GIVEN tidal ~here
has been presenmd to 'the'
Tov~n Bo~FCt 6f the Town .O
Southold, Suffolk County,
New York, On the 6th~day of
September,· 1994, a Local
Law ~mitled "A. Local Law
in Relation to Pulfii¢ Eater-
'-tainment anti "sPecial
(ill, I'N Him Ihe'Fm~ n Board
of ~l~c Iowu Ol'SOUdlOld
]lOld :L p. lffie hearing on
ulbre,a[d [oc,.I I.aw al thc
Road. '~oiJHiold, 'New '~ork,
Oll Ille ')OIh
September, 1994,~.. at 8:05
teres~eg~ persdns: will be
¢: heard'
~Thi~ proposed "Local,
Law in Relation tO Public
Enlerlainmcni' and, SPecial
fi)x: n Board or ,he I'own of
Som!;old a? ~bllow.:
INTFNT: The irt?em Of
for-proht events, aider
tan restncaom.
. I: ChaPter 27 ([Bazaaxs,
fairs, .c_ircgses and:public
entertainent is hgreby chang-
~ed Lo (PN~l~c Entertaintnent
and Sp~cia~ EventsX
Former Secffon, 27-1E is
hereb~ renumbered to 27:1F,
and a new Section 274E is
hereby added, to read as
foLLows'_ '
OutdoOr're,eh( for profit,
d,7,/ce t:r~cetA the ma. wmum
Ot ¢',q~t//,(',' Of the pI~blic' t/rea
Q[' the i;lttTt/iltg,, ;he wineo'
InU.~, o,nain app/'oval .f~m
~he Zom,o Boanl o/'Ap~&.
,.In aiqdicutim~ ~hull he
co,;pmtk,d ]¥' ~ fi[~v dollar
~SStq~I.R,i~. .h~ ~mmirtg suth
appmt ~d i he.lolk m'in~,.tbctm~ '
t,u/w be c~)midere~k
~et and l~c cot t~l that
be prmided .~v ~he. winerA' '
2. Ad~quaw sa,it~ry
fitcilities must b~ p~vM~'
3..4Hjbod tn~l be cale~d
and prepaid off-~a~
4 Evemsfor3~ or mo~
pe >pie r; qu re pn~panu/on of
t/ /,'t~)k cOl/l/Vi plml.
ii. Thi, local I.a~x shall
lalx~ d'l~cl upon il~ filing
wuh Lbe Sccrelary of State.
I//l#C tep/v~enl. V addi/~on.*:
~ " :' SOUTHOLD
1~ ' TOWN CLERK'
}: 1X-9/15294(6)
Patricia Wood, being duly sworn,
says that she is the Editor, of the
TRAVELER-WATCHMAN, a public
newspaper printed at Southold, in
Suffolk County; and that the notice
of which the annexed is a printed
copy, has been published in said
Traveler-Watchman once each week
for /
............................ weeks
success~_vely, commencing on the
....
2~.O.? to before me on %his
...... day of
Notary Public
BARBARA A, SCHN£I~R
NOTARY PUBUC, Slate of New York
No. 4B068~
Qualified in SufFolk
Commission Expires
PUBLI~ H~AR[NG
· ON LOCAL LAW
PUBLIC NOTICE IS HEREBY
~VEN that there has b~ presented
tO the Town B'oard pi the To~n of
Somhold. sufib~ Count2,'. New York.
Lo~ ~+~fitled~ "A Local La~ in
NO~CE IS FURTHER GI~EN
~at the Town Bo~d of the Town of
on the aforesaid Lodal Law at tge
:' -of Septe~be~ 1~ at 8:05 P~{. a~
whi~ ting all interested pe~ will '
~ behe~d. ~ ~ ..
~i5 pvopos~ ~L~cal ~ in
: I~NT: Th~ intent ~ t~s. amend-
door. for:profi~ ~ uhd~ certain
.~fi0n s~l be accomp~ied
~ 1. AE ~kine mast fie afl-
~ekt ~nd ~affic
$le ~qulre 'p~a~fion ~f
.' sm~.
~*~Ov~m~r~pre~n~ del~ons '
:)Co,irs.of this. ~al ~w ~ av~able
50~THO~ ~WN C~R~
8057-1~S15
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOU( )
in said Coumy, being duly sworn, says thai he/she is
Principal Clerk pi THE SUFFOLK TIMES, a Weekly
Newspaper, published al MaUttack, in the Town of
Sou[hold, County og Suffolk and Stale og New York,
and [hat [he Notice of which lhe annexed is a
prin[ed copy, has been regularly publiv~hed in said
Newspaper once each week for ! weeks
sl~c..ess~.ely, comm~gng on the I~ day of
CHRI~fINA VOLINSKi
Nota~ pUblic, State of New Yo~k .~
No. 5004884 /J/,l
OuslWmfl in Suffolk Co~ltly CJ/_P Principal Clerk
{~y~lllission Expires November 2~0 I~.~t
Sworn to l~e. ~or,e me this