Opn. No.

Edward M. Saltzman, Esq. Corporation Counsel, Village of Port Chester

This is in response to your inquiry concerning the occupancy limitations in taverns and bars found in the Port Chester Fire Prevention Code. You ask whether the Village can prevent a tavern or bar owner or operator from admitting additional persons once the occupancy limitations have been reached.

Under section 4-412, subd 1 of the Village Law, the Village of Port Chester "may take all measures and do all acts, by local law, not inconsistent with the provisions of the constitution which shall be deemed expedient or desirable…