[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 5-28-1974 by Ord. No. 628 (Ch. 27 of the 1966 Code). 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.
[Amended 4-7-2015 by Ord.
No. 1498-15]
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.
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.
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.
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.
A.
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.
B.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Before any such license shall be issued, the
applicant shall pay to the Borough a license fee of $15 for each machine
installed or to be installed in the licensed premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 $50. 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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Spotting operations utilizing flammable liquids shall
not be permitted in this type of occupancy.
G.
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.
H.
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.
I.
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.
J.
Provisions must be made for makeup air to compensate
for that which is exhausted to the outside.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
Each day, or after the specified number of cycles
recommended by the manufacturer, dry-cleaning machines shall be serviced,
including but not limited to:
(1)
Adding charged solvent to restore the main supply.
(2)
Cleaning the button trap and the lint bag, trap or
screen.
(3)
Cleaning the tank sump and removing the sludge.
(4)
Adding filter aids to dispensers.
(5)
Resetting the cycle counter, if one is provided.
(6)
Emptying the water from the separator.
Q.
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.
A.
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.
B.
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.
C.
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.
D.
Only the solvent specified by the equipment manufacturer
shall be used.
E.
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.
[Amended 2-18-2003 by Ord. No. 1218]
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.
A.
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.
B.
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.
