[Amended 9-28-1993 by L.L.
No. 24-1993]
A. For the purposes of this chapter, the term "restaurant" shall have the meaning defined for said term in Chapter
203, Zoning, of this Code.
B. No person, firm or entity shall operate a restaurant
in the village without an annual license therefor, issued by the Mayor as
provided in this chapter, upon application as provided herein, including payment
of such fee as may be determined by resolution of the Board of Trustees.
C. No application for an annual restaurant license shall
be considered by the Mayor unless there is presented therewith a certification
of approval from the Nassau County Department of Health.
Every applicant for a license shall file with the Village Clerk a statement
signed and sworn to if an individual, by all partners if a partnership and
by the president or other duly authorized officer if a corporation, showing:
A. The name of the applicant.
B. The applicant's business address.
C. The applicant's residence address if the applicant is
a natural person.
D. If the applicant is a natural person, whether his or
her age is more or less than eighteen (18) years, and if less than eighteen
(18) years, his or her precise age.
E. The precise purpose and the precise nature of the business
to be conducted for which the license is sought.
F. The place and address within the village where the applicant
proposes to engage in the licensed business, activity or enterprise.
G. Whether or not the applicant, if he or she is a natural
person, or, in the case of a partnership, any of the partners or, in the case
of a corporation, any officer or director thereof has been convicted of a
crime or offense or violation of any ordinance and, if so, the nature of such
crime, offense or violation, the date and court of conviction and the penalty,
fine or punishment imposed therefor.
H. If the applicant is to act as an agent, detailed credentials
from the principal.
I. References or letters of recommendation by at least three
(3) reputable businessmen or property owners of the village, such as will
establish to the satisfaction of the Mayor the good character and business
responsibility of the applicant.
J. That the applicant has in force adequate workers' compensation
insurance, at least one hundred thousand dollars ($100,000.) in personal liability
insurance, at least one hundred thousand dollars ($100,000.) in property damage
insurance and at least one hundred thousand dollars ($100,000.) in motor vehicle
insurance on all motor vehicles to be used in connection with the proposed
business, and such other insurance as may be required by law for the operation
of such business.
[Amended 9-28-1993 by L.L.
No. 24-1993]
A license to conduct, maintain, operate or engage in any of the aforesaid
businesses shall be issued by the Mayor to such person, firm or corporation
as he or she shall deem fit and proper upon an evaluation of the qualifications
of the applicant and upon compliance of the applicant with the provisions
of this chapter and any other applicable ordinance. Before the issuance of
any license, the Mayor shall cause an investigation to be made by the Building
Inspector of the village or his or her deputy as to the physical characteristics
and appurtenances of the premises where the proposed business is to be conducted.
If such inspection discloses that such premises are inadequate, unsafe, improperly
or inadequately equipped, screened from public view or of such nature as to
be inimical to the health, safety or welfare of patrons thereof or of the
public at large, the license shall not be granted. Such inspection shall be
made on all license applications, including applications for renewal of license.
A license shall be refused if, in the judgment of the Mayor, the business
sought to be licensed shall be likely to disturb the peace and order of the
village or be immoral or improper.
Each license issued shall expire one (1) year after it shall take effect
as hereinafter provided and shall be effective on the date of the payment
of the fee as set forth from time to time by resolution of the Board of Trustees.
Each such license shall be signed by the Mayor and countersigned by the Clerk,
who shall keep a record thereof and of the amount of the fee to be paid therefor.
Upon presentation of such license to the Treasurer of the village, so
signed and countersigned, and the payment to the Treasurer of such fee, the
Treasurer shall endorse thereon his or her receipt of the fee. No such license
shall take effect until the receipt of the Treasurer shall have been endorsed
thereon.
Any applicant who shall have been refused a license by the Mayor may
apply for its issuance to the Board of Trustees at a meeting thereof, and
the same may be granted or refused by the Board.
Any license issued pursuant to the provisions of this chapter may be
revoked by the Mayor after notice to and hearing of the licensee before the
Mayor, for any of the following causes:
A. Fraudulent or false statement in the application for
license.
B. Fraud or false statement in connection with carrying
on the business, activity or enterprise for which the license was issued.
C. Any violation of any provision of this chapter, or any
other law relating to the business or the premises where the same is conducted.
[Amended 9-28-1993 by L.L.
No. 24-1993]
D. Conviction of the licensee of any crime or offense other
than a traffic violation.
E. Carrying on the licensed business, enterprise or activity
in an unlawful manner or in such a way as to breach the peace or to constitute
a menace to the health, safety or general welfare of the public.
F. Any transfer or assignment of the license to any person,
firm or corporation except upon written consent of the Mayor after presentation
and consideration of a request for the approval of such transfer or assignment
made in the same form and to the same extent as if the proposed transferee
or assignee were a new applicant for such license.
No renewal license shall be issued except upon application and consideration
as herein provided in respect of each license issued.