[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Estates 9-9-1996 by L.L. No. 10-1996 (Ch. 103B of the 1981 Code). Amendments noted where applicable.]
No person shall conduct, operate or maintain, or permit to be conducted, operated or maintained, any restaurant or other eating place, lunch counter, ice cream parlor, soft drink counter or other place within the Village of Great Neck Estates where a substantial part of the use is the cooking or preparation of food for retail sale for consumption on or off the premises without a valid restaurant and eating place license, issued pursuant to this chapter.
An application for a license to be issued pursuant to this chapter shall be made in writing, upon a form prepared and supplied by the Village for that purpose. Such application shall be submitted in sufficient number of copies as required by the Village Clerk and shall be accompanied by a fee established by resolution of the Board of Trustees for such applications. No such application shall be considered complete until such fee has been paid.
The said application shall include all information deemed pertinent and relevant by the Board of Trustees, including but not limited to the name and address of the applicant; the name and address of the stockholders or principals of an entity applicant; the name and address of a person upon whom service of process, papers or other legal notice may be made as an agent of the applicant; the location of the premises where the activity is proposed to be conducted; and the nature and type of restaurant or eating place which is proposed to be operated.
Upon receipt of a completed application for a license pursuant to this chapter, the Village Clerk shall cause an investigation to be done by referring the said application to the Nassau County Department of Health, for a report as to the sanitary condition of the proposed establishment and its compliance with the Nassau County Public Health Ordinance and other applicable laws, rules and regulations. A copy of the report of the Nassau County Department of Health and a copy of the application shall be transmitted to the Board of Trustees.
Within a reasonable time after its receipt of the completed application and the report of the Nassau County Department of Health, the Board of Trustees shall hold a public hearing on such application. Notice of such hearing shall be published at least five business days prior to such hearing. At least 10 business days prior to such hearing, the applicant shall send notice of such hearing, by certified mail return receipt requested, to the owner(s) of any premises lawfully used for residential purposes and located within 100 feet of the premises which is the subject of the application. Proof of such service shall be filed with the Village Clerk at least three business days prior to the public hearing.
At the public hearing, the Board of Trustees shall hear all persons interested in the application. Upon conclusion of the hearing, and upon consideration of the relevant facts and circumstances, and upon a determination that the proposed license would be in the best interests of the public and would not cause any undue adverse impact on the public health, safety or general welfare, the Board of Trustees shall grant the application, upon such terms and conditions as it may deem appropriate, including restrictions on times or manner of operation of the licensed establishment.
Notwithstanding any other provision of this chapter, no application for a restaurant and eating place license shall be granted unless the said use is a lawful use of the premises at which such activity is proposed to be conducted, pursuant to Chapter 230, Zoning, of this Code. No approval of a license pursuant to this chapter shall be construed to permit the conduct of any activity prohibited by the Village zoning regulations.
Any license authorized by this chapter shall be issued by the Village Clerk and signed by the Mayor. The Village Clerk shall keep a record of such licenses, including the number and date of the license, the term and purpose for which it was granted, the amount of the fee paid therefor and the terms and conditions upon which such license was issued. Such terms and conditions shall be displayed on the said license, but the omission of any such terms and conditions from the license shall not invalidate any such terms nor render the same unenforceable.
Each license issued pursuant to this chapter shall expire at 12:00 midnight on March 31 next succeeding its issuance, except that any license issued after January 1 and before March 31 in any year shall expire at midnight on March 31 in the next succeeding year unless the Board of Trustees shall provide otherwise in its approval of the said license.
Nothing in this chapter shall be construed to duplicate or conflict with the provisions of the Alcoholic Beverage Control Law. However, the fact that a license has been or may be issued to any person pursuant to such statute shall not relieve the owner or operator of any establishment subject to the provisions of this chapter from applying for, obtaining, and maintaining in effect the license required by this chapter.
Every licensed establishment, and every licensee, shall comply with the terms and conditions of the license at all times during the term thereof. In addition to such terms and conditions, every such establishment and licensee shall comply with the following terms and conditions, which shall be deemed to be conditions of the said license:
All applicable provisions of the Nassau County Public Health Ordinance.
Buildings, including floors, tables, counters and surroundings, must at all times be kept scrupulously clean and in a sanitary condition.
No food or drink shall be sold or exposed for sale unless it is covered in such a manner as to protect it from flies, dust and dirt.
All garbage and other waste, including empty bottles, shall be kept covered and removed daily from within the premises. No wastepaper, boxes, wrappings, empty bottles or other rubbish shall be permitted to accumulate in buildings. All Village laws and regulations concerning the storage of garbage and other wastes shall be complied with.
The premises shall be operated in a sanitary, safe, peaceful and orderly manner, such as to avoid any danger or unreasonable disturbance affecting the safety, health and welfare of persons on or off the premises.
In the event of any violation of the conditions of a license, or of the provisions of this chapter, and after giving the licensee a reasonable opportunity to be heard, the Mayor may suspend any license issued pursuant to this chapter, in whole or in part, for a period not to exceed 15 days.
In the event of any violation of the conditions of a license, or of the provisions of this chapter, and after giving the licensee a reasonable opportunity to be heard, the Board of Trustees may suspend any license issued pursuant to this chapter, in whole or in part, for a period not to exceed 60 days, inclusive of any period of time for which the Mayor has suspended such license pursuant to this chapter.
During the period in which any license, or any part thereof, is suspended, it shall be deemed that such license, or such part thereof, is no longer in effect, and no activity authorized by such license, or part thereof, may be conducted by any person.
Any license in good standing may be amended as to its terms and conditions by the Board of Trustees, upon written application for such amendment, and after a public hearing held in the same manner as provided for a new license.
In the event of any violation of the conditions of a license or of the provisions of this chapter, and after giving the licensee a reasonable opportunity to be heard, the Board of Trustees may revoke any license issued pursuant to this chapter, in whole or in part. Such revocation shall take effect immediately, unless the Board of Trustees provides otherwise.
[Amended 9-8-1997 by L.L. No. 11-1997]
Any license in good standing may be renewed by the Mayor, upon the same terms and conditions, upon written application made at least 30 days and no more than 60 days before the expiration of such license. A report as to all such licenses renewed by the Mayor shall be made in public at the next meeting of the Board of Trustees.
At the meeting of the Board of Trustees at which a report of renewals granted by the Mayor is made, the Board of Trustees may vote to reconsider any such license renewal. In such event, the Board of Trustees shall determine at a meeting held at least 10 days thereafter, upon reasonable notice to the licensee, upon notice by publication and upon such additional notice as the Board may deem appropriate, whether to deny such renewal or whether to approve the same upon the same or different terms and conditions. In making its determination whether to approve or deny such renewal, the Board of Trustees may take such action as it deems appropriate to provide it with relevant information. The license shall remain in effect as renewed by the Mayor until such time as the Board of Trustees shall make its determination, and thereafter the status of such license shall be as determined by the Board of Trustees.
The Mayor may defer action on a license renewal application made pursuant to this subsection in order to obtain additional information from the applicant, the Board of Trustees and/or the public with respect to the renewal application. The Mayor may schedule a public hearing with respect to such application for the purposes of eliciting pertinent information, and may thereafter make a determination on such application based on any available information.
The Mayor may approve a license renewal on the same terms and conditions as were applicable previously to such license, or deny such application.
In lieu of acting on a license renewal application as provided in this chapter, the Mayor may refer the same to the Board of Trustees. In such event, the Board of Trustees shall consider and determine such application as if it were being considered by the Board after the Mayor's approval of such renewal.
Any license in good standing may be renewed by the Board of Trustees upon written application made less than 30 days before the expiration of such license. Except as provided in Subsection B(1) hereof, the Board may grant such renewal only on the same terms and conditions as were applicable to the prior license.
The Board of Trustees may determine to renew a license pursuant to Subsection B of this section, but upon new or different conditions, if the Board has first given notice to the public, by publication and by such other means as the Board may deem appropriate, and to the licensee of the meeting at which the Board will consider such action. The licensee shall be given an opportunity to address the Board at such meeting, and the Board may determine whether to hear additional persons with respect to such application.
No renewal of a license shall be granted pursuant to this section unless an investigation by the Village Clerk has been conducted in the same manner as provided for a new license; such investigation demonstrates that the licensed establishment complies with the requirements of the Nassau County Department of Public Health; and the official or body granting such renewal determines that the establishment is in compliance with the terms and conditions of its existing or immediately prior license.
A license renewal may be denied pursuant to this section if the applicant does not meet the current requirements for a license; the applicant is currently in violation of the conditions of the prior license or any applicable law, rule or regulation; during the term of the prior license the applicant has violated the conditions of the prior license or any applicable law, rule or regulation; or the conditions applicable to the prior license are no longer suitable or adequate to provide necessary protections to the general public or the community. In the event of denial of an application to renew a license, the applicant may make application for a new license in accordance with the procedures provided in this chapter.
Any determination by the Mayor or Board of Trustees to deny or approve an application to renew a license pursuant to this section, whether or not such renewal includes new or different conditions, shall be reviewable by any person aggrieved thereby in a judicial proceeding instituted no more than 30 days after the date of such determination.