[Adopted 6-29-1999 by L.L. No. 22-1999 (Ch. 273 of the 1985
Code)]
A.
This Legislature hereby finds and determines that comparison shopping
by consumers looking for dry-cleaning services has been rendered difficult
by a general lack of readily available pricing information.
B.
This Legislature further finds that there is little protection for
the dry-cleaning consumer who wishes to retrieve clothing when a dry-cleaning
establishment closes.
C.
The Legislature also finds that such establishments charge higher
prices for dry cleaning comparable articles of female clothing than
for dry cleaning articles of male clothing.
D.
This Legislature further finds and determines that there is little
protection for the dry cleaner in matters of disposition of unclaimed
items.
E.
Therefore, the purpose of this article is to protect the interest
of the consumer of dry-cleaning services by licensing dry cleaners
and giving consumers the maximum amount of pricing information feasible,
to render equitable charges for dry cleaning both male and female
clothing and to allow consumers a contact to retrieve clothing when
a dry-cleaning establishment closes.
As used in this article, the following terms shall have the
meanings indicated:
The Director of the County Office of Consumer Affairs.
The County Office of Consumer Affairs.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association or other entity or business organization of any kind.
Any retail establishment within Suffolk County which sells
or offers for sale dry-cleaning services.
It shall be unlawful for any person to engage in the dry-cleaning
business within the County of Suffolk without first obtaining a license
from the Office in accordance with the provisions of this article.
[Amended 6-6-2000 by L.L. No. 11-2000; 11-30-2001 by L.L. No.
23-2001; 12-17-2002 by L.L. No. 4-2003]
A.
All applications for licenses shall be submitted in writing on forms
furnished by the Office and shall be accompanied by a nonrefundable
application fee in the amount of $200. The initial license fee to
be paid upon issuance of the license, and the license fee to be paid
every year thereafter, shall be $200.
[Amended 3-24-2009 by L.L. No. 10-2009]
B.
The license application shall be filed by the actual operator of
a dry-cleaning establishment and shall be signed under oath. Where
a corporation is an applicant or a participant in an application,
the application shall be signed under oath by an officer of such corporation.
C.
All applications shall include the residence address and telephone
number of the individual who subscribes his or her name to the application.
D.
The Director may require the names and residence addresses of any
employees or officers of the applicant, in addition to any other information
which he or she may deem advisable and proper.
E.
An individual applicant must be at least 18 years of age, of good
character and financially responsible.
F.
The Director shall investigate such applicant as to good character
and as to whether he, she, or it is financially responsible.
G.
Applicants shall meet the requirements prescribed by law and any
other rules or regulations promulgated hereunder by the Director.
H.
The Office shall issue a license to each applicant who has submitted
satisfactory evidence of his or her qualifications and who has complied
with all of the requirements of this article.
I.
All licenses, except temporary licenses, shall be for periods of
two years from the date of issuance thereof at the discretion of the
Office and shall expire on the last day of the 24th month immediately
succeeding such issuance. Subsequent renewals shall be for periods
of two years.
J.
No license issued hereunder shall be assignable or transferable.
K.
An application for renewal of a license shall be made on a form provided
by the Office, accompanied by the required fee. Said application shall
be filed with the Office not less than 30 days prior to the expiration
of the existing license. Failure to file an application as above shall
require the applicant to submit an application as if it were an original
application. An application shall be filed with the Office following
revocation of a license. A license shall expire upon a change of owner
or operator, on the date stipulated by the Office, upon revocation,
upon death of the license holder, upon abandonment of the facility
or property or upon surrender to the Office.
L.
No licensee shall authorize or permit the use of his or her license
by or on behalf of any other person.
M.
Each licensee shall, within seven business days after a change of
address or business name, notify the Office, in writing, of such change.
N.
No license shall be suspended or revoked nor a fine imposed until
after a hearing has been conducted in accordance with the procedural
provisions of the Office.
O.
No applicant for a license or license renewal shall have any outstanding
judgment for child support against him or her, or be in arrears in
child support payments as determined by official court records or
official government records, at the time an application is filed for
such license or license renewal. If an applicant has such a judgment
against him or her, or is in such arrears, but is current in payments
on a judicially approved, or Child Support Enforcement Bureau sanctioned,
payment schedule to pay off or reduce such judgment or arrears, then
such individual shall not be deemed ineligible for a license or license
renewal on the grounds of such judgment or arrears. At least 30 days
prior to the expiration of a license, the Office shall send a written
notice to a licensee informing said licensee of his or her obligation
to comply with the provisions of this section pertaining to compliance
with child-support obligations. If necessary, a second written notice
shall be sent by the Office to a licensee 60 days after the license
has lapsed informing said licensee of his or her obligation to comply
with the provisions of this section pertaining to compliance with
the child support obligations. In addition, the County Department
of Social Services, through its Child Support Enforcement Bureau,
shall notify all current noncustodial parents of the obligations contained
herein.
A.
Any person who sells, offers for sale or exposes for sale at retail,
in a store, dry-cleaning services shall disclose to the consumer the
price of such services by a sign to be conspicuously, clearly and
plainly marked showing the selling price in Arabic numbers.
B.
Any person who sells, offers for sale or exposes for sale at retail,
in a store, dry-cleaning services shall post the same prices for dry-cleaning
services for cleaning male and female clothing of the same type.
C.
Such signs shall be posted in conspicuous places within the store
highly visible to customers and must list base prices and may include
the words "and up."
[Amended 7-2-2004 by L.L. No. 21-2004]
The Director is hereby authorized to issue and promulgate such rules and regulations as he or she may deem necessary to implement and carry out the provisions of this article. The Director is further authorized, empowered and directed to notify all license holders, by mail, of any change to this article, including amendments to penalties. All new licensees shall receive a copy of Chapter 427 at the time of granting the license. Any applicant for license renewal shall receive a copy of Chapter 427 at the time of each renewal of the license.
This article shall be enforced by the Director.
[Amended 7-2-2004 by L.L. No. 21-2004]
A.
Failure to comply with § 427-4, 427-5 or 427-6 of this article shall constitute a violation punishable by a fine not to exceed $100 per violation for the first offense and not to exceed $250 for the second and each subsequent offense. Failure to comply with § 427-3 of this article shall constitute a violation punishable by a fine not to exceed $250 per violation for the first offense and $500 for the second and each subsequent offense. Each continuing day of such violation shall constitute a separate violation.
B.
The Director shall have the power to impose a civil fine, not to
exceed $500, upon a licensee or to suspend or revoke a license or
to deny an application for the renewal of a license for any one or
more of the following causes:
(1)
Fraud, deceit, misrepresentation or bribery in securing a license.
(2)
The making of any false statement in an application for a license.
(3)
Having had a valid license which has been suspended or revoked, continued
operation of such store under a suspended or revoked license.
(4)
Violation of any other rule or regulation promulgated hereunder.
This article shall be null and void on the day that statewide
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this article, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Suffolk.
The County Legislature may determine via mere resolution whether or
not identical or substantially similar statewide legislation has been
enacted for the purposes of triggering the provisions of this section.
