[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 11-12-1973 by L.L. No. 1-1973. Amendments noted where
applicable.]
[Amended 4-22-1974 by L.L. No. 3-1974; 11-22-1976 by L.L. No. 9-1976; 8-19-2019 by L.L. No. 1-2019]
Any person, persons, corporation or corporations engaged in, conducting or operating any business within the Village of Valley Stream shall be required to obtain a registration certificate in accordance with this chapter, and failure to do so shall be an offense against this chapter and subject said offender to the penalties provided for in § 54-11. For the purpose of this chapter, "business" shall be construed to mean any vocation, occupation, enterprise or establishment, together with machines, vehicles and appurtenances used therein, which provides a product or service for private profit or benefit, either directly or indirectly. Notification by the Village to any business that such business is subject to provisions of this chapter shall be presumptive evidence that such business is, in fact, subject to the provisions of this chapter, provided that the failure of the Village to so notify any business shall not be construed to exempt said business from the provisions of this chapter when such business would otherwise be subject to this chapter.
Except as otherwise specifically provided, every
applicant for a registration certificate shall file with the Village
Clerk a statement, signed and sworn to by the applicant in person
if an individual, by all partners if a partnership and by the president
or duly authorized officer if a corporation, showing:
A.
The name of the applicant.
B.
The applicant's business address and the name and
address of the applicant's landlord, if any.
[Amended 11-13-1995 by L.L. No. 3-1995]
C.
His home address, if other than a corporation.
D.
His precise age, if under 21.
E.
The precise purpose and description of the business.
F.
Location and address within the Village where the
applicant will engage in the business, trade or occupation.
G.
If the business is a partnership, the names and residences
of all the partners.
H.
If the business is a corporation, the names and residences
of all the officers.
I.
Any other data necessary to meet the requirements
of any ordinance or local law requiring a registration certificate.
J.
If there is any change of officers or partners, the
Village Clerk shall be advised by the applicant filing an amendment
to the registration certificate.
[Amended 11-13-1995 by L.L. No. 3-1995]
A.
No registration certificate shall be issued until
the fee, as established by the Board of Trustees, shall have been
paid to the Village Clerk and until the Building Department shall
have issued a certificate of compliance, certifying that the applicant's
business complies with all local laws regulating such a business.
B.
The Board of Trustees authorizes the Village Clerk
to waive mercantile permit fees to all charitable, education and religious
organizations which qualify for tax-exempt status under the United
States Internal Revenue Code.
[Added 12-18-1995]
[Amended 11-13-1995 by L.L. No. 3-1995]
A registration certificate shall be displayed
on the premises for which it was specifically issued in such manner
as to be easily readable from the street, or where this is not practicable,
it shall be so displayed as directed by a Village Inspector. The registration
certificate shall not be altered, changed or defaced.
[Added 11-13-1995 by L.L. No. 3-1995]
The fee for such registration certificate shall
be $75. The Board of Trustees may change the fee by resolution.
[1]
Editor's Note: Former § 54-5, Renewal,
was repealed 11-22-1976 by L.L. No. 9-1976.
[Amended 11-22-1976 by L.L. No. 9-1976; 11-13-1995 by L.L. No. 3-1995]
A.
Registration certificates shall expire upon the occurrence
of any of the following events, whichever comes first:
B.
Notwithstanding § 54-6A(3), any existing permits issued prior to April 1, 1991, shall expire on April 1, 1996.
C.
Within 90 days prior to the expiration of a registration
certificate, a business or merchant may apply for a renewal of a registration
certificate under the same terms and conditions required for a new
application.
[Amended 11-13-1995 by L.L. No. 3-1995]
A.
Upon receipt of an application for a registration
certificate and the payment of the fee, the Village Building Department
shall conduct an inspection of the site to determine that the premises
complies with all applicable building, zoning and fire codes.
B.
All registration certificates shall be issued and
signed by the Village Clerk after inspection by the Building Department
and upon compliance with the provisions of this chapter.
Any applicant who has been refused a registration
certificate by the Village Clerk may apply for its issuance to the
Board of Trustees at a meeting thereof.
[Amended 11-13-1995 by L.L. No. 3-1995]
The Village Clerk shall send a copy of each
registration certificate to the landlord of the premises where such
business or merchant conducts business. Every landlord shall immediately
notify the Village Clerk of a new tenant, change of ownership or new
business on the landlord's premises.
Any registration certificate issued pursuant
to the provisions of this or any other ordinance or local law may
be revoked by persons designated by the Board of Trustees after a
hearing for any of the following causes:
A.
Fraud or false statement in the application for the
registration certificate.
B.
Fraud or false statement in connection with the operation
of the business activity or enterprise for which the registration
certificate was issued.
C.
A violation of any provision of this chapter or any
other ordinance or local law under whose provisions the registration
certificate was issued.
D.
Operating a registered business, trade, occupation
or activity in an unlawful manner or in such a way as to breach the
peace or constitute a menace to the health, safety or general welfare
of the public.
[Amended 11-13-1995 by L.L. No. 3-1995; 9-17-2018 by L.L. No.
14-2018; 8-19-2019 by L.L. No. 1-2019]
A business as defined in § 54-1 violating any of the provisions of this chapter, shall, upon conviction in justice court, be punished for each offense by a fine not to exceed $500.
[Added 11-13-1995 by L.L. No. 3-1995]
All ordinances, local laws or resolutions, or
parts of ordinances, local laws or resolutions, of the Incorporated
Village of Valley Stream inconsistent with the provisions of this
chapter are hereby repealed; provided, however, that such repeal shall
be only to the extent of such inconsistency and in all other respects
this chapter shall be in addition to other legislation regulating
and governing the subject matter covered by this chapter.
[Amended 11-13-1995 by L.L. No. 3-1995]
If any section, paragraph, subdivision or provision
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
This chapter shall take precedence over any
other local laws, ordinances or parts of ordinances or local laws
theretofore adopted which are in any way inconsistent with or in conflict
with this chapter.
Words in the singular include the plural and
those in the present tense also include future tense; "persons" includes
persons or other legal entities as well as an individual. As a general
rule, the construction of words shall be to create a common meaning
unless defined or the context requires a different interpretation.
Words of the masculine gender include the feminine and may refer to
a corporation.
[Amended 11-13-1995 by L.L. No. 3-1995]
The foregoing provisions shall take effect immediately
upon filing with the Secretary of State.
In the event of numerical error, this chapter
may be renumbered to conform with the Code of the Village of Valley
Stream.
