[Adopted 12-23-2003, approved 12-24-2003]
The City Council of the City of Mount Vernon, being concerned
with the health, safety and welfare of the residents of the City of
Mount Vernon, being concerned about the effect of certain retail establishments
open during the late evening hours and early morning hours upon police
facilities, the crime rate, public disorder, public safety, public
health, physical and mental health, public welfare, environmental
pollution, noise pollution, air pollution, littering, sanitation and
local motor vehicle traffic, have created this article.
The following definitions shall be applicable to this article:
COMMERCIAL ESTABLISHMENT
Any premises used for the purpose of carrying on or exercising
any trade, business, profession, vocation or commercial or charitable
activity.
RETAIL ESTABLISHMENT
Any store, shop, market, station or place of business in
which goods, wares, food, beverages, liquids or merchandise of any
type, nature or description are offered for sale on a direct basis
to a purchaser.
It shall be unlawful for any retail establishment, other than those set forth in §
210-4 hereof, to operate and remain open to the public except between the following hours on the following days:
A. Monday through Saturday: 5:00 a.m. to 12:00 midnight.
B. Sunday: 5:00 a.m. to 11:00 p.m.
[Amended 5-10-2006, approved 5-11-2006; 6-14-2006, approved 6-15-2006; 2-24-2010, approved 3-22-2010]
This article shall not apply to:
A. Restaurants, bars and grills, movie theaters, gasoline service stations;
provided, however, that gasoline stations may only sell gasoline and
automotive products during the excepted time period.
B. Retail establishments having in excess of 25,000 square feet of interior
retail space.
C. Retail establishments which include a licensed pharmacy from which
prescription medications are prepared and dispensed by a licensed
pharmacist, provided that the pharmacy remains in operation at least
14 hours Monday through Friday and at least 12 hours on Saturday and
Sunday.
[Amended 6-12-2019]
This article is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation hereof.
The penalty for a violation of this article shall be a fine
of $1,000 for each offense or imprisonment for not more than 15 days,
or both. Each day such violation continues shall constitute a separate
offense.
This article shall take effect immediately.