[Added 7-23-2012 by L.L. No. 8-2012]
Businesses are prohibited from using bracelets, stamps or any other device to permit or deny patrons to access the services provided by the businesses, where a legal age requirement is required for such service.
[1]
Editor's Note: Former § 86-14, Memorial Day business operations, was repealed 3-20-2012 by L.L. No. 4-2012.
A. 
License required. No person shall offer for sale or sell goods, wares or merchandise at public auction or engage in or conduct the business of an auctioneer without first obtaining a license therefor.
B. 
Applicability of section. Nothing herein contained shall apply to any sale held pursuant to the order of a duly constituted court of law.
No person shall conduct, operate or maintain any barbershop or beauty parlor without first obtaining a license therefor.
[Amended 5-5-1998 by L.L. No. 3-1998]
No pool table or billiard table, whether coin-operated or otherwise, shall be permitted in any place open to the public.
Any bowling alley in a place open to the public shall be included within the provisions of this chapter, and every keeper of a public place where there is any bowling alley shall maintain good order.
A. 
License required. No person shall deal in the sale of Christmas trees without first obtaining a license therefor.
B. 
Deposit required. In addition to payment of the license fee, the applicant shall pay a deposit of $50 conditioned to assure that the premises used for the Christmas tree business will be cleaned upon completion of business. When the premises have been cleaned to the satisfaction of either the Building Inspector or Fire Inspector, said deposit will be returned. In the event said premises are not cleaned within five days after Christmas, the Village will cause the cleaning to be done and the expense incurred will be deducted from the amount deposited. The balance, if any, will be returned to the licensee upon request.
C. 
Scope of section. This section shall not apply to any person who maintains during the balance of the year a regularly established place of business and sells Christmas trees incidental to such regular business.
A. 
License required. No person shall exhibit or permit to be exhibited to the public anywhere in any building, garden or grounds, concert rooms or other place or room within the Village any dramatic performance, show, opera, ballet, play, circus, carnival, dance or any other similar entertainment of like character without first obtaining a license therefor.
B. 
Exemption. The provisions and requirements of this chapter shall not apply to exhibitions given by schools or bona fide educational, charitable or religious organizations. However, the Board of Trustees may assess a fee for costs incurred by the Village in relation to the exhibition.
[Amended 6-23-2010 by L.L. No. 17-2010]
C. 
Restrictions. Such licenses shall, in the discretion of the Board of Trustees, contain provisions and conditions which, in its judgment, may be essential for the welfare and benefit of the Village, including provisions and conditions regulating the tickets or other tokens entitling their holders to admission to such places and respecting the hours of opening and closing thereof and such other sanitary and fire regulations as shall be deemed necessary for the protection of the health and welfare of the community.
No person shall conduct, operate or maintain any gasoline filling station or gasoline service station in the Village without first obtaining a license therefor.
No person shall use or perform on any musical instrument in any street or public place without first obtaining a license therefor.
[Amended 7-5-2017 by L.L. No. 5-2017]
All laundromats, launderettes, dry-cleaning establishments, whether automatic or coin-operated, shall have an adult attendant, manager or supervisor on the premises at all times. There shall be posted conspicuously on the premises the name, address and telephone number of the owner of such business.
[Amended 11-1-1983 by L.L. No. 13-1983]
A. 
Legislative intent. The Board of Trustees of the Village of Hempstead hereby finds that the unrestricted establishment of commercial game rooms and arcades, the unrestricted proliferation of amusement devices as incidental uses to permitted business and the existence of pool tables and billiard tables in places open to the public in particular post a substantial hazard to the peace, comfort, health, safety and general welfare of the Village of Hempstead residents. Therefore, as an exercise of its police power, to protect the economic and social welfare and to preserve the peace, comfort, health, safety and good order of the Village of Hempstead, the Board of Trustees has adopted this section regulating amusement devices.
[Amended 5-5-1998 by L.L. No. 3-1998]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AMUSEMENT DEVICE
Any coin-operated machine, apparatus or contrivance which is used or which may be used as a game of skill or amusement wherein or whereby the player initiates, employs or directs any force or action to, or generated by, the machines, including but not limited to casino-type games, computerized games, electronic bowling, electronic shuffleboard, pinball machines, shooting galleries, and skill boards. Amusement devices, for the purpose of this section, shall not include bowling alleys and duckpin bowling alleys.
[Amended 5-5-1998 by L.L. No. 3-1998]
PERSON
Includes natural persons and any and all partnerships, joint ventures, societies, associations or corporations.
PROPRIETOR
Any person who, as the owner, lessee, occupant or bailee, has under his control a public premises in or at which an amusement device is placed or kept for operation, maintenance, play or exhibition.
PUBLIC PREMISES
Any public or quasi-public place, building, store or other establishment where the public may enter.
C. 
Prohibited use.
[Amended 9-1-1992 by L.L. No. 12-1992]
(1) 
No pool table or billiard table, whether coin-operated or otherwise, shall be permitted anywhere in the Village of Hempstead in any premises open to the public. Except as may be otherwise authorized by the Village Board of Zoning Appeals, no public premises in the Village of Hempstead shall be used for the operation, maintenance or exhibition of any other amusement device unless such amusement device is an accessory use customarily incidental to a business use permitted on such public premises.
[Amended 5-5-1998 by L.L. No. 3-1998]
(2) 
Except as may be otherwise authorized by the Village Board of Zoning Appeals, there shall he no more than two amusement devices on any public premises.
(3) 
No amusement device shall be located outside of a building or on a public premises located within any residence district of the Village of Hempstead, except within a legal nonconforming nonresidential building.
(4) 
No amusement device may be located on any premises if such premises is located within 500 feet of the property line of any lot or parcel upon which a public or private school is located.
D. 
Annual license required. No person shall be a proprietor of an amusement device within the Village of Hempstead without first having obtained a separate annual license, pursuant to this section, for each such amusement device.
E. 
Application for an annual license. An application for an annual license pursuant to this section shall be made in writing on forms provided by the Village Clerk and shall be filed in the office of the Village Clerk.
(1) 
Such application shall provide:
(a) 
The name and address of the proprietor. If the proprietor is other than one or more natural person(s), the names and addresses of the natural persons who are the officers.
(b) 
The name and address of the owner of the amusement device. If the owner is other than one or more natural person(s), the names and addresses of the natural persons who are the officers thereof.
(c) 
The names and addresses of every other person who has a financial interest in the amusement devices. If any of such persons is other than one or more natural person(s), the names and addresses of the natural persons who are the officers thereof.
(d) 
The name, type, model, manufacturer and serial number of the amusement device.
(e) 
The public premises by street address, store number, if any, and section, block and lot on the Nassau County Land and Tax Map, where the amusement device will be kept and maintained.
(f) 
The number of devices, including the one sought to be licensed, at the proposed public premises.
(g) 
Such other information as the Village Board may, from time to time, deem necessary and appropriate by resolution or local law.
(2) 
Each application shall be accompanied by an annual license fee of $100 for each machine licensed hereunder.
(3) 
All annual licenses shall expire on the 31st day of December of the year in which they were issued.
(4) 
No annual license shall be granted for an amusement device to be located on the premises for which two annual licenses have already been issued.
(5) 
No annual license shall be issued except where such amusement device shall be an accessory use to a lawful business, located in a district zoned for such business, and for such business a certificate of occupancy has been issued by the Village.
F. 
Identification of owner. All amusement devices shall clearly identify the owner of said device to the public, with his name and address.
G. 
Posting. All annual licenses shall be conspicuously posted on public premises.
H. 
Prizes and cash awards. No prizes in excess of $1 in value or cash awards shall be given to any person based upon that person's or one or more persons' operation of an amusement device or the results shown upon an amusement device.
I. 
Suspension or revocation of license and application for review. Any applicant whose license issued under the provisions of this section has been suspended or revoked by the Village Clerk for violating the provisions of this section, for making a false statement on the application for a license or for use and operation of the device constituting a breach of peace or a menace to the health, safety or general welfare of the public may, in addition to whatever other legal recourse is available, apply to the Village Board of Trustees for a review of the action of the Village Clerk as herein provided:
[Amended 9-1-1992 by L.L. No. 12-1992]
(1) 
The application to review the Village Clerk's determination shall be in writing, signed and verified by the applicant, and shall state his reasons for claiming that the Village Clerk's determination was erroneous.
(2) 
The application for such review must be filed with the Village Clerk within 20 days of the receipt by the applicant, either by mail or in person, of the denial by the Village Clerk.
(3) 
Upon the filing of such application to review, the Village Board of Trustees shall hold a hearing thereon within 45 days from the filing of the application referred to above pursuant to the provisions hereinafter set forth.
J. 
Hearing.
[Amended 9-1-1992 by L.L. No. 12-1992]
(1) 
Whenever it shall be provided herein that a hearing may be held by the Village Board of Trustees, such hearing shall be held on a date and at a place and hour designated by the Village Clerk, but in no event shall this date exceed 45 days from the date of the filing of the application referred to in Subsection I(3).
(2) 
The Village Clerk shall give notice thereof, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing, and the date, place and hour designated therefor, by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application of such applicant or licensee at least 10 days before such hearing.
(3) 
At such hearing the Village Board of Trustees shall consider the application before the Village Clerk in relation to his determination and, in its discretion, may receive new or additional evidence in support of or in opposition to the determination under review.
(4) 
The applicant or license holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence on his own behalf as may be relevant to the subject matter of the hearing.
(5) 
All witnesses shall be sworn and examined under oath.
K. 
Decision of the Board of Trustees. The Village Board of Trustees after such hearing shall issue a written decision and, in addition to any other penalty provided herein, shall either affirm the actions of the Village Clerk in suspending or revolving such license or shall reverse the decision of the Village Clerk and reinstate such license.
[Amended 9-1-1992 by L.L. No. 12-1992]
L. 
Violations. Every day that an unlicensed amusement device is maintained upon any premises without an appropriate license shall be deemed a separate and distinct offense.
[Amended 9-1-1992 by L.L. No. 12-1992]
M. 
Severability. If any clause, sentence, section or other part of this section is declared to be invalid, such invalidity shall not affect the remainder of this section.
A. 
License required. No person shall conduct a pawnbroker or similar business without first obtaining a license therefor.
B. 
Every person so licensed shall, prior to receiving such license, file with the Village Clerk a surety bond executed by the licensee and issued by a surety company in form acceptable to the Village, in the penal sum of $10,000, which bond shall be conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed. Such bond shall provide that action thereon may be brought by any person to whom a judgment has been awarded due to loss caused by such licensee's fault or default.
C. 
Compliance by licensee with requirements of law. Any person licensed as a pawnbroker pursuant to this chapter shall keep such records and shall conduct his business in the manner and upon the conditions and in compliance with the requirements of the General Business Law of the State of New York and other applicable New York State statutes.
[Added 8-4-1981 by L.L. No. 26-1981]
No licensee operating, conducting, running or permitting to be run an establishment where alcoholic beverages, wine or beer are sold, served or consumed shall suffer or permit any person to appear on licensed premises in such manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals or any simulation thereof, nor suffer or permit any female to appear on licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola or any simulation thereof.
A. 
Regulations. Shooting galleries in the Village are hereby prohibited, except that the Board of Trustees, in its discretion, may permit the establishment and operation of properly located and maintained rifle ranges, which shall be operated in accordance with such regulations as the Board of Trustees shall deem necessary for the operation and maintenance thereof.
B. 
Duty of keeper. Every keeper of such a rifle range shall maintain good order and shall allow no person actually or apparently under 16 years of age to shoot therein, and such premises shall be maintained in such a manner as not to constitute a nuisance.
[Added 11-6-2002 by L.L. No. 6-2002]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL LANDSCAPER
A person or entity whose business involves the placing, planting, arranging, trimming, cutting and removing of trees and the maintenance of lawns, trees, bushes, shrubs, gardens and related appurtenances on land or property for the purpose of improving the same.
VEHICLE
Every device in, upon or by which a person or property is or may be transported upon a public or private road, street, highway or thoroughfare.
B. 
License required. Except as provided herein, all persons, companies or corporations (collectively referred to as "landscaper") who perform any landscaping functions in the Village of Hempstead shall be licensed in accordance with this chapter. Landscaping functions may be performed without a license by the owner or occupant of the property on which the work is performed. This section shall not apply to minors working in compliance with U.S. federal and/or New York State labor laws.
C. 
Activities regulated. For the purpose of this chapter, the landscaping functions shall include but are not limited to the cultivation, seeding, planting, cutting, trimming, pruning, maintenance of grass, shrubs, plants, trees or other foliage. Landscaping functions shall not include the application of pesticides, insecticides, fungicides or rodenticides.
D. 
Work done without license prohibited; responsibility for license. No landscaper shall perform any landscaping functions within the Village of Hempstead without first obtaining a license to do so from the Village Clerk. All landscaping work by an unlicensed landscaper is prohibited. No property owner or occupant shall permit any unlicensed landscaper to perform any landscaping function on his or her property. Licenses shall be obtained by the proprietor of the landscape business or by a corporate officer.
E. 
Application procedure. Any landscaper desiring a license by this chapter shall make application on forms prescribed by the Village Clerk of the Incorporated Village of Hempstead or his or her designee.
F. 
Fees. Each applicant for a license shall pay a fee of $100 as a nonrefundable filing fee, which includes the issuance of a license and one Village decal with the application. The fee of $100 shall be paid by the applicant to the Village Clerk or his or her designee along with the license application upon issuance of the license. There will be a fee of $25 for issuance of each additional Village decal in compliance with Subsection G below.
G. 
Expiration of license; renewal. All licenses issued pursuant to this chapter shall expire on the date set forth on the license. Licenses may be renewed upon payment of an annual fee of $50 if renewed 30 days before the expiration date. If the licensee fails to make proper timely application for renewal, he or she shall be required to reapply and pay the additional license fee as set forth in the preceding section in the amount of $100 as a nonrefundable filing fee with the application and $50 paid upon the issuance of the license.
[Amended 11-17-2015 by L.L. No. 6-2015]
H. 
Posting of the Village decal. Each applicant shall fix to and display on the left front bumper of each vehicle and on the left rear bumper of any trailer regularly used in the course of its business an identification decal issued by the Village upon the issuance of the landscaping license.
I. 
Regulations. The following rules and regulations shall apply:
(1) 
No landscaper shall perform landscaping work on Sunday.
(2) 
Landscaping work may be performed by landscapers only during the hours of 8:00 a.m. through 7:30 p.m., Mondays through Fridays, 9:00 a.m. through 7:00 p.m. on Saturdays.
(3) 
No licensee shall scatter nor, in using any mechanical or electrical blower, cause to be scattered, any garbage, refuse or cuttings, leaves or other waste materials on any public highway, road, street or public or private property without removing and/or cleaning the same immediately; nor shall any of such material be allowed to enter any storm drains, canals, rivers or other waterways.
(4) 
No one shall spill or dump oil, gasoline or other petroleum products on the public highway or right-of-way or on the ground. No equipment shall be filled or refilled except over a drop cloth or other device designed to catch and retain any accidental spillage.
J. 
Violations and penalties. Any person or persons who shall violate or fail to comply with any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine and/or the revocation of the permit to further operate within the Village of Hempstead.
[Amended 6-16-2015 by L.L. No. 2-2015]