[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 3-8-1980 by L.L. No. 4-1980. Amendments noted where applicable.]
As used in this chapter, unless the context requires otherwise, the following terms shall have the following meanings:
- DRY CLEANING
- Includes the process of removing dirt, grease, paint or stains from wearing apparel, fabrics, textiles or articles of any other sort by the use of carbon bisulphide, gasoline, naphtha, benzol or other flammable liquids.
- DRY DYEING
- Includes the process of dyeing clothes or other fabrics or textiles in a solution of dye colors and flammable liquids.
- FLAMMABLE LIQUID
- Includes any liquid which, under operating conditions, gives off vapor which, when mixed with air, is combustible and explosive.
It shall be the duty of the Fire Prevention Bureau to inspect or cause to be inspected each dry-cleaning or dry-dyeing establishment at least four times a year.
It shall be unlawful for any person, either as principal, agent or employee, to establish, engage in or carry on within the village the business of dry cleaning or dry dyeing as defined in this chapter, either separately or in connection with some other business, without first having obtained and paid for and having in full force and effect a license as provided in this chapter, provided that nothing in this chapter shall apply to any person using or keeping one quart or less of gasoline, naphtha, benzine or other volatile liquids for the purpose above mentioned, but in all such cases the same shall be kept in a safety can approved by the Bureau of Fire Prevention and of not more than one quart capacity; provided, further, however, that nothing in this chapter shall be deemed to allow the issuance of such license or the conduct of such business or the use of any building, land or premises therefor to any extent in derogation of provisions of any zoning ordinance or zoning regulations of the village.
Every person desiring to obtain a license required by this chapter shall file with the Village Clerk a written application in duplicate upon a blank form prepared and furnished by the village.
Such application shall contain the names and residences of the applicant, if an individual, partnership or firm, or the names and residences of the principal officers, if the applicant is an association or corporation.
Such application shall be accompanied by the certificate of compliance of the New York State Department of Labor.
Such application shall be signed and acknowledged before a notary public or other official authorized to administer oaths in the village.
No applicant for a license required by this chapter to whom a license has been refused or whose license has been revoked under the provisions of this chapter shall make further application until a period of at least one year shall have elapsed since the last previous rejection or since such revocation unless he can show that the reason for such rejection or revocation no longer exists.
The Village Clerk shall refer the application for a license under this chapter to the Bureau of Fire Prevention, which shall forthwith make or cause to be made an inspection of the premises named in the application and submit its findings in writing to the Village Clerk.
[Amended 12-7-1989 by L.L. No. 3-1989]
The annual license fee for a license issued under this chapter shall be at such rates as may be fixed, from time to time, by resolution of the Board of Trustees.
Upon filing of the application, certificate and approval of the Bureau of Fire Prevention, as required for a license under this chapter, the Village Clerk shall, upon approval of the Village Board of Trustees of such application and payment to the village of the license fee provided for in this chapter, issue the license required by this chapter.
All licenses issued under this chapter shall be issued as of January 1 and shall continue in force for one year, unless sooner revoked by the Village Board of Trustees.
All licenses issued under this chapter shall be numbered in the order in which they are issued and shall state clearly the location of the place of business in which the person receiving such license shall be authorized to establish, engage in or carry on the business, the kind of business, the fee paid, the dates of issuance and expiration of the license and the name and address of the licensee.
Every person licensed under the provisions of this chapter shall immediately post his license and keep the same posted while in force in a conspicuous place on the premises mentioned in the application for a license.
No person shall destroy, deface or injure a license issued under this chapter in any manner or change the name, number or dates thereon.
Whenever a license issued under the provisions of this chapter shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application may be issued by the Village Clerk, in his discretion, upon the filing with him of an affidavit by the licensee, setting forth the circumstances of the loss and what, if any, search has been made for its recovery and upon payment to him of a replacement fee of $5.
No license issued under this chapter shall be used by any person other than the original licensee, and any person who uses such license granted to any other person and any holder of such license who permits it to be used by any other person shall be guilty of a violation of this chapter.
No transfer as to location or ownership shall be granted in regard to any license issued under the provisions of this chapter, except after application therefor upon a blank form provided by the village and the filing of the certificate of compliance of the New York State Department of Labor.
The Village Board of Trustees may approve or reject the application for transfer.
If the application for transfer is approved, such action shall be endorsed upon the license by the Village Clerk.
The Village Board of Trustees may, at any time, for a violation of this chapter or the laws or Industrial Code of the State of New York, revoke any license granted under the provisions of this chapter.
Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made.
Notice of such revocation, after a hearing before the Board of Trustees and the reason or reasons therefor, in writing, shall be served by the Village Clerk upon the person named in the application and upon filing a copy of such notice with the Village Clerk.
[Amended 11-16-1999 by L.L. No. 4-1999]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense. Each such offense is hereby designated a violation as defined in Article IIA of Chapter 1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections B and F of § 1-27 of that article.
Editor's Note: This local law also provided that it would take effect 12-1-1999.