[HISTORY: Adopted by the Town Board of the
Town of Lake George 5-13-1974 by L.L. No. 1-1974; amended in its entirety
4-19-1996 by L.L. No. 1-1996. Subsequent amendments noted where applicable.]
The purposes of this chapter are the protection
of government, order, conduct, the general welfare, safety, morals,
health and well-being of the persons and property of the Town of Lake
George. It is adopted pursuant to Municipal Home Rule Law § 10,
Subdivision 1(ii)(a)(11) and (12), § 10, Subdivision 2,
and Town Law § 136 and § 274-a.
This chapter shall apply to all businesses conducted
within the Town of Lake George.
Whenever used in this chapter, the following
terms shall have the meanings indicated:
All kinds of trades, vocations, occupations, professions,
enterprises, establishments and all other kinds of activities and
matters which are conducted for profit within the Town of Lake George;
provided, however, that this definition shall not include any and
all professions licensed by the State of New York.
The sale of used household or personal items on a temporary
basis from the seller's residence. The term "garage sale" does not
include the sale of new items or any business conducted an a permanent
basis.
Any governmental unit having some jurisdictional relevance
to the licensee and to the intended business, including but not limited
to the following:
Any individual, company, society, association, corporation,
manager, contractor, subcontractor, partnership, joint venture, bureau,
agency, service club, trust, office or the officer, agent or employee
of the foregoing; provided, however, that this definition shall not
be deemed to include a business, the sole function of which is the
sale of goods and merchandise to other businesses for the purpose
of resale by such other business.
The Town Board of the Town of Lake George.
The Town Clerk of the Town of Lake George.
A retail or wholesale business conducted in a building or
tent, from a truck, van or trailer, on a parking lot or vacant parcel
of land, on a part of public right-of-way or any other place for a
temporary period of time.
A person who operates a transient business.
Any gathering or group of three or more transient merchants.
A.
No person shall open, keep, maintain, own, operate or carry on any business unless such person shall have first been issued a license therefor as provided in this chapter. A person conducting a garage sale pursuant to and in accordance with the provisions of § 99-4H or selling agricultural products pursuant to and in accordance with the provisions of § 99-4F(2) does not have to apply for a license, but must register the garage sale with the Town Clerk pursuant to § 99-4F(2) and H. No person shall engage in business as a transient merchant unless he shall first have made application for a license to do so from the Town Clerk no later than two months before the first date of business. Any license in effect on the effective date of this chapter shall continue in effect to and include the 31st day in December in the year said chapter becomes effective. Thereafter, any business license issued and any business license renewed pursuant to the provisions of this chapter shall be effective to and include the 31st day of December in the year for which the license or renewal is issued, except that a business license issued to a transient merchant shall expire on the last day for which the transient merchant has paid a daily fee.
C.
Renewal. An application for renewal of a business license shall be made to the Town Clerk of the Town by the person who is the holder of the business license. The application for renewal shall be in the form and shall require such information as the Town Clerk or the Town Board may specify and shall be accompanied with a renewal fee as set forth from time to time by resolution of the Town Board and on file in the office of the Town Clerk. Notwithstanding the foregoing, the fee for all applications for renewals for transient business licenses shall be as set forth in § 99-5B. Within five days of receipt of any application for the renewal of a business license, the Town Clerk must either renew such license or forward the renewal application to the Town Board. The Town Board must either renew such license or deny the renewal of such license within 25 days of receipt of the renewal application from the Town Clerk or prior to the date of expiration of said license, whichever date occurs later.
D.
The agent or other representative of nonresidents
who are doing business in the Town of Lake George shall be personally
responsible for compliance with this chapter by their principals and
the businesses they represent.
E.
Joint license. A person engaged in two or more businesses
at the same location shall not be required to obtain separate licenses
for conducting each of the businesses but, when eligible, shall be
issued one license which shall specify on its face all such businesses.
F.
Exemption.
(1)
A license shall not be required of a person for delivery
in the Town of Lake George of property purchased or acquired in good
faith from such person at his regular place of business outside the
Town of Lake George where no intent by such person is shown to exist
to evade the provisions of this chapter.
(2)
A license shall not be required for the sale of agricultural
products, including but not limited to produce, pumpkins and Christmas
trees, if such agricultural products are sold on the property on which
they are grown. Notwithstanding the foregoing, a person conducting
such a sale must register with the Town Clerk on a form provided by
the Town Clerk.
(3)
A license shall not be required for any transient
business conducted on land owned by the State of New York.
(4)
No further approval or license is required for any event or festival
merchant business conducted on land that has been approved by the
Lake George Planning Board by site plan approval for festivals/events
in RCM-S2A, RCM-S2B or TC-A Zones. A festival/event merchant is a
merchant or group of merchants who sell goods at a site that has been
approved by the Lake George Planning Board by site plan approval for
festivals or events.
[Added 1-13-2014 by L.L. No. 1-2014]
(a)
The site plan application to the Lake George Planning Board
shall contain the following information and material:
[1]
The name of the applicant;
[2]
The location of the facility and its tax map parcel number;
[3]
A description and map of the facility and the amenities offered,
including, but not limited to, dimensional size, number of available
restrooms, available parking, maximum occupancy capacity and accessibility
for persons with disabilities. Cross-reference shall be made to any
existing, approved site plan; said map shall include a designated
area for temporary sanitation facilities and/or parking, where required.
[4]
If off-site facilities are used for ancillary services such
as parking, a map of such facilities shall also be provided.
[5]
Such other information deemed appropriate by the Lake George
Planning Board.
(b)
Procedure for seeking approval.
[1]
The Planning Board will review the application and, if same
is deemed complete, schedule a public hearing to consider site plan
approval and refer same to the Lake George Fire Department and Emergency
Medical Service for comment.
[2]
Factors for consideration in review of the application shall
include, but not be limited to, the magnitude of projected events,
anticipated attendance, special services that may be required, maximum
capacity of the site, parking, sanitary facilities, access for persons
with disabilities, security, and other relevant factors, together
with the standard site plan approval requirements of the Lake George
Zoning Ordinance.[1]
(c)
Revocation of approval. The Planning Board may revoke or rescind
its site plan approval if:
[1]
It is determined that a material misrepresentation was made
in the application or supporting materials seeking designation as
festival/event site.
[2]
The applicant, its agents, employees or contractors fail to
comply with federal, state and/or local laws in relation to the facility
or any events held thereat.
[3]
The applicant (owner and organizer, if different than owner)
fails to maintain the required insurance or fails to present a certificate
of insurance for the required insurance naming the Town as an additional
insured.
(d)
Individual festival/event permits:
[1]
Once the Planning Board has given site plan approval, and while
same remains valid, the festival/event organizer must apply for an
individual permit for each festival/event.
[2]
The application will be made 15 days before each and every scheduled
festival/event on a form provided by the Town Clerk, which will include
the following:
[a]
The name of the festival/event.
[b]
A description of the nature of the festival/event.
[c]
The dates on which the festival/event will occur, including
hours of operation.
[d]
If the festival/event involves individual vendors, the name,
business address, sales tax number, and description of merchandise
for each vendor. The applicant may supplement its filing, but in no
event is any vendor allowed to participate unless the vendor's
name, business address, sales tax number, and description of merchandise
has been provided to the Town Clerk.
[e]
Payment of a fee of $250 per festival/event.
[f]
Affirmation that the festival/event is in compliance with all
of the terms and conditions of the site plan approval made by the
Lake George Planning Board.
[g]
A statement that the festival/event organizer acknowledges that
he/she/it is responsible for any and all federal or state permits
and/or licenses necessary for the festival/event.
[h]
Proof by certificates of insurance that the landowner and festival/event
organizer, if different from the landowner, has general liability
insurance in an amount satisfactory to the Town of Lake George, with
the Town named as an additional insured thereon. If said certificates
of insurance are not provided with the application, they will be provided
at least seven days prior to commencement of the festival/event.
G.
Nonprofit. The Town of Lake George may issue a special
permit, without payment of any fee, to any person for the operation
of a nonprofit enterprise.
H.
Garage sales.
(1)
Notwithstanding any other provision of this chapter,
a person may conduct up to two garage sales in a calendar year without
paying a fee. For the purposes of this chapter, a garage sale may
last up to two consecutive weekend days plus one consecutive non-weekend
day for a total of three consecutive days (i.e., Friday, Saturday
and Sunday or Saturday, Sunday and Monday). The person conducting
the garage sale does not have to apply for a license but must register
the garage sale with the Town Clerk on a form provided by the Town
Clerk. The person conducting the garage sale may put up a temporary
sign advertising the garage sale, on the premises of the garage sale,
each day the garage sale is conducted.
(2)
A person conducting a garage sale more than two times
a calendar year must comply with all provisions of this chapter, including
applying for a license and paying the application fee.
A.
An application for such license shall be made to the
Town Clerk. Such application shall be written and in the form provided
by this chapter.
B.
Fees. Upon presenting a written application to the
Town Clerk, each applicant shall pay a fee as follows:
(1)
For all applications other than transient business licenses, transient merchant markets, garage sales and sales of agricultural products pursuant to § 99-4F(2), each applicant shall pay a fee as set forth from time to time by resolution of the Town Board and on file in the office of the Town Clerk.
(2)
For each application for a transient business license,
the fee shall be $500 for each day the applicant will conduct the
transient business.
(3)
For each application for a transient business that
will be conducted as part of a transient merchant market, the fee
shall be $250 for each day the applicant will conduct business as
part of the transient merchant market.
A.
The written application for such license shall contain
the following information:
(1)
Name, address of applicant, age, date and place of
birth.
(2)
Name of proposed business, place of business and type
of business.
(3)
Prior criminal convictions of the applicant, other
than minor traffic infractions.
(4)
The application must contain a copy of the New York
State sales tax number certificate.
B.
The application shall also contain such other information
as the Town Clerk or the Town Board may from time to time deem proper
to fulfill the purpose of this chapter.
A.
Upon receipt of the application, the Town Clerk must
either approve a license or issue a license or forward it to the Town
Board for action or reject the application. The Town Clerk must act
upon each license application presented to him within 10 days of his
receipt thereof.
B.
The Town Board, upon receipt of a license application
from the Town Clerk, may either approve a license or issue a license
or reject the application. Any application rejected by the Town Clerk
or forwarded by the Town Clerk to the Town Board shall be reviewed
by the Town Board at its next regular monthly meeting or a special
meeting thereof. Such review shall be held within 30 days of rejection
notice by the Town Clerk or within 30 days of forwarding to the Town
Board, as the case may be, or sooner upon application of the aggrieved
party.
C.
Notwithstanding the foregoing, the Town Clerk must
forward all applications for transient businesses to the Town Board
for its consideration.
When an application is forwarded by the Town
Clerk to the Town Board for action thereon, the Town Board at the
time of its review of such application may in its discretion schedule
a public hearing to be held upon such application, except that the
Town Board shall hold a public hearing on all applications for transient
business licenses. In such event, the Town Board shall have an additional
30 days within which to hold the public hearing and to either approve
a license, issue a license or reject the application. Notice of such
public hearing shall be published at least once, no less than 15 days
before the date of such hearing, in a newspaper of general circulation
within the County of Warren. The notice shall state the name of the
applicant, the name of the proposed business, the type of the proposed
business, the general location of the proposed business and the date,
time and place of the hearing.
The Town Clerk shall forward the original license
application of the following businesses to the Town Board for action
thereon in accordance with the provisions of this chapter:
A.
Gasoline stations.
B.
Fast food, quick food, drive-in food, carry-out food,
food vendor and/or a counter service to the outside of a building.
Such food shall include, but shall not be limited to, hot dogs, hamburgers,
pizza, soft ice cream, hard ice cream, fish sticks and other like
or associated foodstuffs.
C.
Restaurants, bars, grills or any establishment selling
alcoholic beverages and/or food which have entertainment by an orchestra,
band and/or by mechanical means which produces music or sounds.
D.
Any manufacturing concern.
E.
Any amusement business or rides, carnival slide, merry-go-rounds
or any device or event for individual or group participation for recreation
or amusement.
F.
Any retail store selling alcoholic beverages for off-premises
consumption.
G.
Any business whose application indicates, by the information
supplied, that a review by the Town Board thereof would be in the
interest of the general welfare and common good of the Town.
H.
Any application for a transient business.
A.
In approving or issuing a license or in rejecting
the application therefor, the Town Board and/or the Town Clerk shall
consider the following criteria but shall in no way be limited thereby:
(1)
The character of the neighborhood where a licensed
premises would be established.
(2)
The changes such licensed business would bring to
the neighborhood and whether these changes would be to the public
good, welfare, health, safety or morals.
(3)
The nuisance, refuse, litter, noise and adverse health
conditions that such licensed business might or will bring.
(4)
The requirements of police protection and traffic
control.
(5)
The criminal record of the persons applying for the
license.
A.
Approval of license. When the Town Clerk and/or the
Town Board approves a license, this means that the general concept
of the business to be licensed is acceptable to the Town Clerk and/or
the Town Board and that only compliance with the intent and content
of this chapter and all such other laws of any jurisdictions relevant
to said business remains before said business may be issued a license
and commence operation.
B.
Issuance of license. When the Town Clerk and/or the
Town Board issues a license, this means that not only is the concept
of the business to be licensed acceptable to the Town Clerk and/or
the Town Board, but, to the best of the knowledge of said Town Clerk
and/or Town Board, compliance with other conditions, law or regulations
of any other jurisdiction having relevance to said business or occupation
has been met, and that the business licensed may commence operation.
Every person to whom a license is issued pursuant
to this chapter shall:
A.
Permit all reasonable inspections of his business.
Such inspections will be limited to the review of any fact that would
endanger the public good, welfare, health, safety or morals.
B.
Ascertain and at all times comply with all laws and
regulations applicable to such licensed business.
C.
Avoid all forbidden, improper, illegal and unnecessary
practices or conditions which could or may affect the public good,
welfare, health, safety or morals.
A.
After a public hearing at which the licensee shall
have an opportunity to be heard, the Town Board may revoke any license
issued pursuant to this chapter to any person when the Town Board
makes a determination by majority vote that either the person to whom
the license was issued is either unwilling or incapable of properly
conducting the business licensed in such a manner as so to not adversely
affect the public good, welfare, health, safety and morals; or that
the nature, environmental impact or character of the business licensed
is such that it constitutes a danger to the public good, welfare,
safety, health or morals. The public hearing shall be held pursuant
to notice to be published no less than 15 days before the date of
such hearing in a newspaper of general circulation within Warren County.
Such notice shall state the date, time and place of such hearing,
the business whose license is proposed to be revoked and the name
of the person to whom the license was issued. Notwithstanding the
above, a business license issued to a transient merchant may be revoked
for the reasons stated above upon a public hearing held pursuant to
notice published no less than one day before the date of the hearing
in a newspaper of general circulation in Warren County.
B.
Summary action. When the conduct of any licensee,
agent or employee is so detrimental to the public good, welfare, health,
safety or morals so as to constitute an immediate danger to public
good, welfare, health, safety or morals and thus give rise to an emergency,
the Town Board on majority vote shall have the authority to order
the cessation of business and/or the revocation of the license. Within
five days after the Town Board has acted summarily, it shall conduct
a special hearing at which the Town Board may by majority vote either
continue the revocation or reissue the license subject to whatever
terms and conditions the Town Board may impose.
Any violation of this chapter shall be punishable,
for each violation, by a fine of not more than $250 or imprisonment
for not more than 15 days, or both.
If any part of this chapter shall be declared
invalid by a court of competent jurisdiction, such declaration shall
not affect or impair in any way any other provisions, and all other
provisions shall remain in full force and effect.
This chapter shall take effect upon filing in
the office of the New York Secretary of State as provided in § 27
of the Municipal Home Rule Law.
