[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 5-28-1974 by Ord. No. 628 as Chapter 27 of the 1966 Code of the Borough of Emerson. Amendments noted where applicable.]
No person, firm or corporation shall operate, conduct or carry on a business which is operated by the depositing of a coin or token in a slot or aperture of or connected with a machine or device and operated within a building unless, upon written application, the Borough of Emerson grants a license for the operation of said coin-operated business.
As a legislative determination, it is deemed necessary to the safety, health and general welfare of the inhabitants of the Borough of Emerson that certain coin-operated laundry and dry-cleaning machines and establishments and attendant-operated dry-cleaning establishments and attendant-operated laundries within said Borough be regulated and restricted, as hereinafter set forth, in order to prevent injury and damage to persons and property in the Borough and to eliminate conditions dangerous to the safety, health and general welfare of said inhabitants of the Borough of Emerson.
Unless otherwise expressly stated, when used in this chapter, the following words and phrases shall have the meanings herein respectively ascribed to them:
- The Bureau of Fire Prevention of the Borough of Emerson, or its duly authorized representative.
- A. All businesses open to the general public for the purpose of cleaning and/or washing textiles, fabrics, garments or other articles by the insertion of a coin in a machine to operate said machine or device, whether or not the actual insertion of the coin in the mechanical fixtures or devices to start said operation are conducted by the general public or by a duly authorized agent, servant or employee of the owner of said machines.
- B. Any reference in this chapter to insertion of a coin shall also mean insertion of a token, currency, electronic debit or credit card, entry of a code, or the swiping or tapping of a card, fob, or other electronic device, or use of any other near field communication, proximity card, wireless transmission, smartphone app, or other similar payment method.
- C. Any reference in this chapter to “coin-operated” shall also mean operated by insertion of a token, currency, electronic debit or credit card, entry of a code, or the swiping or tapping of a card, fob, or other electronic device, or use of any other near field communication, proximity card, wireless transmission, smartphone app, or other similar payment method.
[Amended 4-7-2015 by Ord. No. 1498-15]
- Includes one or more persons, firms, partnerships or corporations and the employees, agents or officers thereof.
- Any place, whether self-service or otherwise, maintained for the use of and by the general public for the purpose of washing, drying and/or dry cleaning of clothing, apparel or other fabrics or household articles by or in automatic or coin-operated machines, except, however, such places in private homes and apartment houses used solely by residents thereof.
It shall be unlawful for any person, firm or corporation to establish, maintain, conduct or operate a coin-operated laundry and/or coin-operated dry-cleaning establishment or attendant-operated laundry or attendant-operated dry-cleaning establishment in any premises in the Borough of Emerson without a license therefor.
The application for a license shall be filed with the Borough Clerk, in duplicate, on forms to be supplied by him and, except in the case of an application for the renewal of an existing license, shall be accompanied by five copies of a sketch showing the lot lines, the outline of the building and floor plan of the premises to be licensed and the location of the machines and equipment to be installed therein, all drawn to scale. Such application shall specify the name and address of the applicant, the name and address of the owner of the premises if other than the applicant, the number of machines and the type to be installed and maintained in the licensed premises, the manner in which such machines are to be installed, the name of the manufacturer of such machines and such other information as may be requested in such application. A copy of such application shall be forwarded immediately to the Bureau of Fire Prevention of the Borough of Emerson. Before issuing any such license, the Mayor and Council of the Borough of Emerson 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 applicable state, county, health and local laws, ordinances and regulations are fully complied with and observed.
If the Mayor and Council shall be satisfied that such premises conform to the provisions of this chapter and other laws relating thereto, it shall issue or cause to be issued a license authorizing such applicant to establish, maintain, conduct or operate a coin-operated laundry and/or coin-operated dry-cleaning establishment or attendant-operated laundry and/or attendant-operated dry-cleaning establishment at the place, with the number of machines specified and designated in such application, for and during the period of such license.
Before any such license shall be issued, the applicant shall pay to the Borough a license fee of $10 for each machine installed or to be installed in the licensed premises.
Each such license shall expire on the 30th day of April following the date of issuance unless sooner suspended or revoked as hereinafter provided. An existing license may be transferred from person to person, with the approval of the Mayor and Council, upon the payment of a transfer fee of $5. An existing license may be transferred from place to place, with the approval of the Mayor and Council, upon the payment of a transfer fee equivalent to a proportionate part of the annual fee prorated from the date of transfer to April 30, but in no event less than 25% of the annual fee.
The Mayor and Council of the Borough of Emerson may, at any time, for violation of this chapter or of any applicable law, regulation or ordinance or such other cause as the Mayor and Council, 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 Mayor and Council 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 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 two years from the date of such revocation, except in the discretion of the Mayor and Council.
All coin-operated dry-cleaning establishments and attendant-operated dry-cleaning establishments and attendant-operated laundries shall have an attendant on the licensed premises at all times when the premises are open for business or public use. No coin-operated dry-cleaning machine shall be used by the general public unless under the continuous, direct supervision of an employee or owner of the coin-operated dry-cleaning establishment who has previously been examined and certified in writing by the Bureau of Fire Prevention as competent to handle such machines.
All coin-operated laundries shall have an attendant on the licensed premises between the hours of 5:00 p.m. in the afternoon and 5:00 a.m. the following morning unless during said time or part of said time the coin-operated licensed premises are closed.
All coin-operated laundry and/or dry-cleaning machines or attendant-operated laundry and/or attendant-operated dry-cleaning machines and locations must be approved by the Borough departments having jurisdiction 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.
No coin-operated dry-cleaning licensee shall permit or allow such machines to be used by any person who is less than 17 years of age. A suitable sign, indicating such age restriction must be prominently posted and maintained on the premises.
All coin-operated dry-cleaning machines and/or attendant-operated dry-cleaning machines shall be fitted with a device which would prevent the opening of the door of any such machine while such machine is in operation and until all solvent vapors have been removed from any textile, fabric, garment or other article and from the drum in which the same shall be placed.
No coin-operated dry-cleaning machine and/or attendant-operated dry-cleaning machine may be located within 25 feet of any gas-fired dryer or similar gas-fired device.
In the event that perchlorethylene or any chlorinated hydrocarbon is a component part of any solvent used in a coin-operated dry-cleaning machine and/or attendant-operated dry-cleaning machine, then such machine shall not be used if the odor of perchlorethylene or any chlorinated hydrocarbon is masked or watered in any fashion or if the concentrations of solvent vapor of such perchlorethylene or chlorinated hydrocarbon is greater than 40 parts of such vapor to 1,000,000 parts of air at any time and anywhere in such machines or appurtenant equipment.
In any coin-operated dry-cleaning and/or attendant-operated dry-cleaning establishment, solvent storage tanks, power boxes and other sources of danger shall be so situated as to be inaccessible to the general public and patrons of such establishment.
Spotting operations utilizing flammable liquids shall not be permitted in this type of occupancy.
Only the front or customer side of dry-cleaning machines shall be exposed in the customer area. The working or maintenance portion of the equipment shall be separated from the front of such machines by a solid partition. Access doors to the enclosure back of the machines shall be kept closed and locked. The enclosure for the dry-cleaning machines shall not be a part of or interconnected with those areas that contain heating devices requiring air for combustion, such as dryers, water heaters and boilers.
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.
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 manifold exhaust system shall exhaust to the outside, not terminate within 25 feet of any building opening, not expose the passing public and be located as remotely as possible 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 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 a face velocity of at least 100 feet per minute.
Provisions must be made for makeup air to compensate for that which is exhausted to the outside.
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 that will pump the solvent to an aboveground tank.
All coin-operated dry-cleaning establishments and/or attendant-operated 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.
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.
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.
Each self-service or coin-operated laundry or dry-cleaning establishment and/or attendant-operated laundromat or attendant-operated dry-cleaning establishment shall be provided with a portable fire extinguisher of the carbon-dioxide or dry-chemical type.
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 dispensers.
Resetting the cycle counter, if one is provided.
Emptying the water from the separator.
Each coin-operated dry-cleaning establishment or attendant-operated dry-cleaning establishment shall be provided with a portable respiratory apparatus approved by the Bureau of Fire Prevention as to type and capacity.
All coin-operated dry-cleaning establishments or attendant-operated dry-cleaning establishments shall prominently display lighted indoor signs warning the general public of the danger of excessive solvent vapor inhalation and skin irritation from unevaporated dry-cleaning solvent.
A step-by-step instruction list must be posted in a conspicuous location near each laundry and dry-cleaning machine for customer use. A telephone number must be listed for emergency assistance.
All machines shall be checked daily and kept in good repair by the licensee. All maintenance personnel shall be familiar with all necessary machinery repairs and instructed as to the solvent hazards.
Only the solvent specified by the equipment manufacturer shall be used.
Coin-operated dry-cleaning plants and attendant-operated dry-cleaning plants shall utilize only solvents classified as nonflammable or as nonflammable at ordinary temperatures and uses.
All coin-operated dry-cleaning establishments and/or coin-operated laundries and attendant-operated dry-cleaning establishments and/or attendant-operated laundries shall have an attendant on the licensed premises at all times when the premises are open for business or public use. No coin-operated dry-cleaning machine shall be used by the general public unless under the continuous, direct supervision of an employee or owner of the coin-operated and/or attendant-operated dry-cleaning establishment who has previously been examined and certified in writing by the Bureau of Fire Prevention as competent to operate such machines.
In the granting, refusing to grant or revoking of a license, the Mayor and Council of the Borough of Emerson shall take into consideration whether the granting or continuance of the license would be, under all the circumstances, inimical to the health, safety or welfare of the public.
Licenses shall be granted under this chapter by the Mayor, and Council and shall be issued by the Borough Clerk upon authorization of the Mayor and Council.
Any license may be revoked for good cause by the Mayor and Council at any time after the issuance of the license. However, a hearing on reasonable notice shall be held, and the licensee shall be afforded an opportunity to be heard.
The Building Inspector shall not issue a building permit or certificate of occupancy for a coin-operated business or attendant-operated business as described hereinabove until a license has been granted for the same by the Mayor and Council.
Any person, firm or corporation who violates this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment not exceeding 90 days, or both, and every day that such violation continues shall constitute a separate offense.
The Board of Health of the Borough of Emerson shall be the enforcing agent for this chapter and shall make the necessary inspections, and no applicant shall receive a license unless he has the approval of the Board of Health.
The Bureau of Fire Prevention shall also be an enforcing agent and shall make the necessary inspections, and all applicants applying for a license shall have the approval of the Fire Prevention Bureau. The jurisdiction of the Fire Prevention Bureau enforcing this chapter shall only apply where it is necessary to prevent hazards from fire, either directly or indirectly.