[HISTORY: Adopted by the Board of Trustees of the Village of Mount Kisco 4-2-1962 as Ch. 3A of the 1962 Code. Sections 57-1, 57-2, 57-3, 57-4, 57-5A, 57-6, 57-8, 57-9 and 57-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Electrical standards — See Ch. 60.
Fire prevention — See Ch. 65.
As a legislative determination, it is deemed necessary to the safety, health and general welfare of the inhabitants of the village that dry-cleaning machines and establishments within the village be regulated and restricted, as hereinafter set forth, in order to prevent injury and damage to persons and property in the village and to eliminate conditions dangerous to the safety, health and general welfare of the inhabitants of the village.
Unless otherwise expressly stated, when used in this chapter, the following words and phrases shall have the meanings herein respectfully ascribed to them:
- DRY CLEANING
- The cleaning of textiles, fabrics, garments or other such articles by the use of any solvent other than water.
- DRY-CLEANING ESTABLISHMENT
- Premises on which one or more dry-cleaning machines are installed and operated.
- DRY-CLEANING MACHINE
- A mechanical device designed and used for the purposes of dry cleaning.
- FIRE INSPECTOR
- The Fire Inspector of the village or his duly authorized representative.
- Includes one or more persons, firms, partnerships or corporations and the employees, agents or officers thereof.
- SELF-SERVICE DRY-CLEANING ESTABLISHMENT
- Premises on which one or more self-service dry-cleaning machines are installed and operated, whether or not in conjunction with laundry or other equipment.
- SELF-SERVICE DRY-CLEANING MACHINE
- A dry-cleaning machine where the insertion of textiles, fabrics, garments or other such articles, the initiation of operation of such machine and the removal of said articles are and are intended to be performed by members of the public other than the owner or an employee of the owner.
- VILLAGE MANAGER
- The Village Manager of the village or his duly authorized representative.
It shall be unlawful for any person to establish, maintain or operate a dry-cleaning establishment in any premises in the village without a license therefor.
The application for a license or for any renewal thereof to conduct a dry-cleaning establishment shall be in writing upon a form to be furnished by the Village Manager and shall state the specific location of such establishment and the number and type of all machines to be maintained therein. Before issuing any such license, the Village Manager shall cause all necessary investigations to be made of the premises described in such application for the purpose of determining whether the provisions of all state, county, health and local laws, ordinances and regulations are fully complied with.
If the Village Manager shall be satisfied that such premises conform to the provisions of this chapter and other laws relating thereto, he shall issue or cause to be issued a license authorizing such applicant to establish, maintain, conduct or operate a dry-cleaning establishment at the place and with the number of machines as specified and designated in such application for and during the period of such license.
Prior to the issuance of a dry-cleaning establishment license, each applicant therefor shall pay the annual license fee provided in Chapter A112, Fees, for the license period of January 1 to December 31 and furnish a continuing bond in the amount provided in Chapter A112, Fees. Such bond shall be executed by a duly authorized surety company and be approved as to form by the Village Attorney, shall be payable to the village and shall be conditioned upon the licensee's compliance with the provisions of this chapter and upon the further condition that the licensee will pay to the village any fine, penalty or other obligation within 30 days of its final imposition.
Licenses issued after the first day of January but before the first day of July shall require payment of the annual fee and licenses issued after the first day of July and before the 31st day of December shall require payment of the half-year fee.
Each license shall expire on the 31st day of December following the date of its issuance unless sooner suspended or revoked by the Village Manager. Such license shall not be transferable from person to person or from the location for which it is originally issued.
The Village Manager may, at any time, for violation of this chapter or of any applicable law, regulation or ordinance or such other proper cause as the Village Manager, upon investigation and after a hearing, deems sufficient, suspend or revoke any license granted under the provisions of this chapter. Notice, in writing, of the proposed suspension or revocation and the reason or reasons therefor and of the time and place of a hearing to be held thereon by the Village Manager shall be served upon the licensee, either personally or by certified or registered mail to the business address given in the application, at least 10 days prior to the hearing. Whenever any license shall be so revoked, no refund of any unearned portion of the license fee shall be made. No license shall be granted to any person whose license has been revoked within a period of six months from the date of such revocation, except in the discretion of the Village Manager.
All dry-cleaning machines and locations must be approved by the Village Manager prior to the installation of machinery. A floor plan showing the business premises and the location, type and manner of installation of all equipment shall be submitted with each license application.
Exhaust system, generally. An exhaust system shall be provided for the removal of toxic vapors. This exhaust system consists of the individual exhaust on each dry-cleaning machine, scavenger ducts strategically located, exhaust fans for the enclosure behind such machines and the front grill of loading-door air intakes on each machine.
Operation of exhaust system to be continuous. The central exhaust ventilating system for dry-cleaning machines as described above shall be operated continuously while the premises are open to the public. The vapor removal system shall be interlocked with the dry-cleaning machines so that the latter cannot be operated without actuating the exhaust system. The manifolded exhaust system shall exhaust to the outside, not terminate within 25 feet of any building opening, not be exposed to the passing public and be located a reasonable distance from appliance air intakes. In addition to the individual exhaust for the vapor from each such machine, a scavenger duct shall be provided for each two machines to pick up vapors surrounding the equipment near the floor. The suction of these scavenger pipes should be located two to four inches above the floor. A general ventilation fan shall also be installed within the rear enclosure of such machines to be used in case of a serious solvent spill. Each such machine shall be designed so that when the machine is not in operation air is drawn through the front door or grill of the machine at face velocity of at least 100 feet per minute.
Make-up air. Provisions must be made for make-up air to compensate for that which is exhausted to the outside. Such make-up air should be derived from the outside and not the customer area.
Means to limit vapor accumulation and salvage solvents resulting from spill to be provided. Such dry-cleaning machines shall be provided with some satisfactory means to limit vapor accumulation and to salvage the solvent resulting from a spill due to an accident or failure of equipment, such as by diking the entire system with a four-inch curb on the floor which will contain the solvent and drain it to an underground tank where it can be recovered. When an underground tank is not feasible, the curbed area can be provided with a sump pump which will pump the solvent to an aboveground tank. Such tank shall be vented properly to the outside and shall not be accessible to the public, whether such tank is over or below the ground or in or outside the building.
Exits. All dry-cleaning establishments shall have two exits which shall be at least 25 feet apart from each other and shall lead directly to the outside.
Disposition of residues. Filter residue and other residues containing solvent shall be disposed of so as not to create a health hazard or nuisance. A locked, covered metal container shall be used for temporary storage outside the building.
Mesh lint arrestors. All direct equipment exhausts or vents shall be provided with mesh lint arrestors which shall be kept clean, unless lint traps are provided on the dry-cleaning unit.
Fire extinguishers. Each dry-cleaning establishment shall be provided with portable fire extinguishers of the carbon-dioxide or dry-chemical type.
Prohibition against issuance of license for establishment in premises or building used for certain uses. No license shall be issued to a dry-cleaning establishment in any premises or building occupied in part by the following uses:
Servicing of machines. Each day or after the specified number of cycles recommended by the manufacturer, dry-cleaning machines shall be serviced, including but not limited to:
Adding charged solvent to restore the main supply.
Cleaning the button trap and the lint bag, trap or screen.
Cleaning the tank sump and removing the sludge.
Adding filter aids to dispersers.
Resetting the cycle counter, if one is provided.
Emptying the water from the separator.
Editor's Note: Former Secs. 3A-11, 3A-12 and 3A-13, which provided customer safety regulations, appeal and variance procedures and regulations on the joint operation of laundry and dry-cleaning machines, respectively, were deleted 7-19-1982 by L.L. No. 4-1982.
[Amended 7-19-1982 by L.L. No. 4-1982; 8-24-1992 by L.L. No. 9-1992]
Any person committing an offense against any provision of this chapter shall be punishable as provided in § 1-17A of this Code.