[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:
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.
Includes the process of dyeing clothes or other fabrics or textiles
in a solution of dye colors and flammable liquids.
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.[1]
A.
Application procedure.
(1)
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.
(2)
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.
(3)
Such application shall be accompanied by the certificate
of compliance of the New York State Department of Labor.
(4)
Such application shall be signed and acknowledged before
a notary public or other official authorized to administer oaths in the village.
B.
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.
A.
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.
B.
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.
A.
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.
B.
The Village Board of Trustees may approve or reject the
application for transfer.
C.
If the application for transfer is approved, such action
shall be endorsed upon the license by the Village Clerk.
A.
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.
B.
Whenever any license shall be so revoked, no refund of
any unearned portion thereof shall be made.
C.
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[1]]
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.
[1]
Editor's Note: This local law also provided that it would take
effect 12-1-1999.
