[HISTORY: Comes from Ord.
No. 30 adopted 6-12-1951, effective 6-30-1951.]
GENERAL REFERENCES
Licenses for sale of Christmas trees — See Ch. 107.
[1]
Editor's Note: Original Section 1 of Ord. No. 30 provided
the following legislative intent: "It is hereby declared to be the
policy of the Town Board to provide for the promotion of public welfare,
health, safety, morals and general welfare of the community and the
protection and preservation of the property of the Town and of its
inhabitants, and of peace and good order, the benefit of trade and
all other matters related thereto. By this ordinance the Town Board
seeks to remove the danger to health, welfare and property by regulating
and controlling the use of property within the unincorporated areas
of the township as "open-air markets," whether conducted without a
building or from trucks, vehicles, stands, pushcarts or other structures."
No premises in any use district of the Town shall be used for
conducting thereon a business of the type generally known as an "open-air
market" or commonly known and referred to as a "farmers' market,"
whether same be conducted without a building or from trucks, stands,
pushcarts or other structures, except in conformity with the provisions
of this chapter.
No person or persons, corporations or associations shall conduct
a business of the type generally known as an "open-air market" or
"farmers' market" or any other similar business under any other
name or classification without a building or from trucks, vehicles,
stands, pushcarts or other than an approved structure or by private
sale or by auction, without first obtaining a license therefor according
to the provisions of this chapter. An "open-air market" shall include,
but shall not be limited to, any retail selling of goods, wares and
merchandise when such merchandise is segregated by type and such different
types are sold by several different persons acting independently,
or where miscellaneous merchandise is sold by each of several persons
who assemble together at one place or general area for the purpose
of selling their respective goods to the public.
Before the granting of a permit by the Building Inspector of
the Town of Hempstead, the premises where an open-air market is to
be conducted shall be inspected by the Police Department of Nassau
County to the effect that adequate facilities for parking and traffic
have been provided, and its report shall be filed with the application
in the office of the Building Inspector of the Town of Hempstead.
The applicant shall file with the Town Clerk a public liability
insurance policy in amounts of not less than $10,000 for injuries,
including wrongful death, to any person, and subject to the same limit
for each person in an amount not less than $20,000 on account of one
accident; and property damage insurance in an amount not less than
$5,000 on account of any one accident and in amount not less than
$10,000 on account of all accidents.
The applicant shall deposit with the Town Clerk a cash bond
in the sum of $1,000 conditioned upon saving harmless the Town of
Hempstead from any and all liability or causes of action which might
arise by virtue of the granting of license to the applicant, and conditioned
further that no damage will be done to the streets, trees or adjoining
property and that no dirt, paper, litter or other debris will be permitted
to remain upon any private property or in the streets, roads or avenues
used as approaches to the market. Such cash bond to be continued in
full force and effect during the period of the license unless sooner
terminated, in which event it shall be returned to the applicant upon
certification by the Building Inspector of the Town of Hempstead that
all conditions of this chapter have been complied with.
No person or persons, corporations or associations shall permit
an open-air market to be open or operated on any weekday after 10:30
p.m. or to be open on Sundays.
No person or persons, corporations or associations shall rent
or occupy space or be permitted to display, sell or offer to sell
any merchandise, food, etc., within the market without procuring a
permit from the Building Inspector. Such license shall be subject
to the Building Zone Ordinance and all other applicable ordinances
of the Town of Hempstead.
The fee for the license to operate the market shall be five
$5 for each calendar year or part thereof. Each location of a market
must be separately licensed.
The provisions of this chapter shall not apply to the sale of
farm produce or poultry raised or produced upon the premises where
sold and upon which the seller or sellers reside.
A.
Any person or persons, association or corporation committing an offense
against this chapter, or any section or provision thereof, is guilty
of a violation punishable by a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment.
B.
Each day upon which any offense against this chapter shall be continued
shall constitute a separate additional violation.
[1]
Editor's Note: Amended 2-20-1968, effective 3-18-1968.
[Added 8-9-1977 by L.L. No. 73-1977, effective 8-12-1977]
In any application for a license or a permit hereunder, an applicant
shall produce a valid certificate of registration and certificate
of authority required by the New York State Department of Taxation
and Finance. Moreover, as a condition precedent to the issuance of
said license or permit, the applicant agrees to prominently display
said certificate of authority at his place of business, i.e., on a
cart, stand, truck or other merchandising fixture or conveyance, so
that it is visible to the public.
