[Amended 3-22-2016 by L.L. No. 4-2016]
Ultimate responsibility for the administration
of this Part 2 is vested in the Town Board of the Town of Clarkstown.
The Building Department is responsible for issuing all licenses. The
Police Chief is responsible for verifying information contained on
an application. The Building Department is responsible for the inspection
of licensed premises and premises applying for a license in order
to pass upon the construction and physical configuration of the premises
involved. The Fire Inspector is responsible for the inspection of
licensed premises and premises applying for a license to ascertain
compliance with all fire prevention codes, statutes or ordinances
in effect in the Town of Clarkstown. The Rockland County Department
of Health is responsible for the inspection of licensed premises and
premises applying for a license to ascertain compliance with Rockland
County and New York State health codes and applicable state laws and
regulations.
[Amended 3-22-2016 by L.L. No. 4-2016]
When a provision of this Part 2 gives the Building
Official, the Police Chief, the Rockland County Department of Health,
the Building Department, or the Fire Inspector the authority or duty
to act, the authority or duty vests in the Building Official, the
Police Chief, the Public Health Officer, the head of the Building
Department or in the Fire Inspector or in any inspector or employee
who is given the authority or duty to act in accordance with the administrative
procedures of the agency or office concerned.
[Amended 3-22-2016 by L.L. No. 4-2016]
Upon receipt of an application properly filed with the Building Department and upon payment of the application fee, the Police Chief shall conduct an investigation to verify the information required by §
290-49 of this Part
2. The Rockland County Department of Health, the Building Department, and the Fire Inspector shall investigate the proposed licensed premises for compliance with this Part
2 and other applicable laws and regulations relating to construction, safety, fire protection, zoning and public health. At the conclusion of its investigation, each administrative agency shall endorse on the application the results and findings thereof, recommending either approval or disapproval of the application.
There shall be no limitation on the number of
licenses issued, but licensed premises shall observe the locational
restrictions contained in this Part 2. A licensed premises may be
owned by the licensee or may be leased by the licensee from a person
not a licensee under this Part 2, provided that a licensee who is
a tenant or lessee may not surrender his tenancy or lease to the owner
or lessor if by so doing said owner or lessor will take possession,
control and operation of the licensed premises and the business licensed
under this Part 2, unless the license is transferred as provided in
this Part 2, and further, provided that a licensee who is the owner
of the licensed premises may not lease or otherwise give up possession,
control and operation of the licensed premises and the business licensed
under this Part 2 to any other individual, partnership or corporation,
unless the license is transferred as provided in this Part 2.
All licensees licensed under this Part 2 shall
display their licenses in conspicuous places on their licensed premises
in a clear, transparent cover or frame. The license shall be available
for inspection at all times by the public. No person shall mutilate,
cover, obstruct or remove a license so displayed.
When a licensee shall have made a bona fide sale of the licensed business, the licensee may obtain a transfer of the license issued under this Part
2 to the purchaser of said business but only if, before the transfer, the application of the purchaser shall be approved by the Building Department in accord with the same procedure provided in this Part
2 for the issuance of new licenses. Before the issuance of any transfer of license, the transferee shall pay a transfer fee of $250. Licenses issued under this Part
2 shall not be transferable in any other way than provided in this section.
[Amended 3-22-2016 by L.L. No. 4-2016]
Each licensee shall keep such records and make
such reports as may be required by the Building Department, the Police
Chief, the Rockland County Department of Health, and the Fire Inspector
to implement this Part 2 and carry out its purpose. By applying for
a license under this Part 2, an individual, partnership or corporation
shall be deemed to have consented to the provisions of this Part 2
and to the exercise by the Building Department and other interested
agencies of the powers given by this Part 2 and in the manner therein
specified.