[Amended 7-7-1986 by L.L. No. 3-1986,
effective 7-28-1986]
A.
Any lot held in single and separate fee ownership,
upon which a building could be legally erected, i.e., a legally buildable
lot, on the date of enactment of this chapter, but which is no longer
legally buildable because of the size, width or front property line
requirements of this chapter, shall continue to be a legally buildable
lot subject to the further provisions of this article and subject
to all other provisions of this chapter, with the exception of such
size, width or front property line dimensions as shall have been substandard
at the time of enactment of this chapter.
B.
Where an application for a building permit is made
to construct a building or structure upon a lot which violates any
of the requirements of this chapter or upon which is erected any building
or structure which violates any of the requirements of this chapter,
no variance from the provisions of this chapter shall be required
to authorize the issuance of the requested building permit, provided
that the proposed structure, by itself, does not violate any of the
requirements of this chapter.
C.
The exception provided for and permitted by Subsection B above shall not be available when any of the following situations or conditions exist:
(1)
The application involves or includes a request
to permit the subdivision of property.
(2)
The proposed structure, when combined with the
area of all other structures on the property, violates the maximum
lot coverage limitation provision applicable to the district in which
the property is located.
(3)
Any building or structure exists on the property
for which a certificate of occupancy or certificate of completion
is required and has not been issued.
(4)
Any structure exists on the property which was
constructed in violation of any of the provisions or requirements
of the Zoning Ordinance in effect at the time of construction and
such violation has not been corrected or a variance issued therefor.
(5)
The existing property, or the structures thereon, or the proposed structure, or any combination thereof, violates any of the provisions of Article X of this chapter relating to the off-street parking requirements of this chapter.
(6)
One or more summonses are outstanding against
the owner, occupant, tenant or operator of the property for a violation
of any provision of the Village Code.
(7)
The premises are or are intended to be used
for any purpose other than a single-family dwelling.
D.
The Board of Trustees shall adopt, promulgate, amend and repeal rules and regulations regarding the administrative procedures to be employed for the purpose of effectively and fully implementing the provisions of this article. Such rules and regulations and any amendments thereto shall be designated as Chapter A158 in the Appendix to this Code and shall be made a part of this Code with the same force and effect as all other laws of the Incorporated Village of Sea Cliff.
E.
Any person aggrieved by any ruling, decision or determination of the Building Department or by the failure of such Building Department to approve or deny, within 60 days after submission, any application for a pro forma building permit, pursuant to the provisions of this section and Chapter A158 of this Code, may appeal therefrom within 60 days from the date of such ruling, decision, determination or submission to the Zoning Board of Appeals, which shall hear and decide all appeals regarding the enforcement and administration of this section and Chapter A158 of this Code. In deciding such appeals, the Zoning Board of Appeals may reverse, modify or affirm the action of the Building Department and render its own determination when the Building Department has neither approved nor denied the application.
In the case of any lot which is substandard
in area by the terms of this chapter but was once legally buildable
and thereafter singly and separately held in fee ownership, the rights
acquired or existing therein for the use of said lot as a legally
buildable lot shall terminate and become nonexistent and void should
the said substandard lot merge in fee with any adjoining land or property,
thereby creating a larger lot, whether or not such larger lot conforms
to the area requirements of this chapter, or thereby enlarging an
adjoining lot already conforming to such requirements. Such merger
shall be deemed to occur when the same person or persons acquire,
obtain or have fee ownership in both lots, whether by purchase, sale,
devise, gift or otherwise.
It shall be unlawful and a violation of the
provisions of this chapter for any person to so subdivide any lot
in such manner as to create or reserve any portion of said lot as
a separate lot which violates the size, width or front property line
requirements of this chapter. Such a lot so created or reserved shall
be deemed an illegal lot, and the parts or portions of the original
property immediately adjoining said illegally created lot shall not
be permitted to be used or improved while the illegally created lot
remains in existence as a separate lot.
No sign, source of illumination, advertising
display or structure, poster or device shall be erected, moved, enlarged
or reconstructed except as expressly permitted in this Code.[1]
[Added 8-20-2007 by L.L.
No. 4-2007; amended 12-9-2019 by L.L. No. 9-2019; 2-13-2023 by L.L. No. 1-2023]
Subject to compliance with §§ 138-419, 138-519, 138-619 and 138-719, the following accessory structures are expressly permitted, when located on property used exclusively for residential use and located within a residence district and when in strict compliance with the requirements, restrictions and criteria set forth in this section. Any structure that complies strictly with the following provisions and the provisions contained in §§ 138-419, 138-519, 138-619 and 138-719, as applicable, shall not require a building permit. Any structure that does not comply strictly with the following applicable provisions and §§ 138-419, 138-519, 138-619 and 138-719, as applicable, shall require a building permit and be subject to all of the requirements, conditions and provisions of Chapter 138 applicable to accessory buildings or structures.
A.
No more than one freestanding shed with an area of 100 square feet
or less, a height of eight feet or less above the average preexisting
surrounding grade, and located in a rear yard or a side yard with
a setback of at least three feet from any property line. Neither the
width nor the length of the shed shall exceed 10 feet.
B.
One patio or deck with a height of eight inches or less above the average preexisting surrounding grade, with an area of 100 square feet or less, located in a rear yard or a side yard with a setback as required by Chapter 138 or Chapter 115, whichever is greater, so long as the patio or deck is not pitched in a downward slope towards a property line and drainage facilities are provided to accommodate the entire patio surface area, whether the patio is impervious, semipervious or pervious.
C.
No more than one outdoor brick or stone barbeque with an area of
35 square feet or less, a height of six feet or less above the preexisting
average surrounding grade, and located in a rear yard or a side yard
with a setback of at least three feet from any property line, and
provided that the barbeque is compliant with the New York State Fire
Code. If the barbeque is connected to a gas line, a plumbing permit
shall be required.
D.
One basketball pole, with a backboard and rim, located at least 10
feet from any front property line and at least five feet from any
rear or side property line.
E.
Flag pole with a height of 30 feet or less located at least 10 feet
from any front property line and at least three feet from any side
or rear property line.
F.
Decorative pool, as defined in Chapter 115 of the Village Code, having a depth of six inches or less and covering an area of 100 square feet or less, water fountain, or bird bath located at least 10 feet from any front property line and at least three feet from any side or rear property line. In the event a connection is made to any water supply, a plumbing permit shall be required and a backflow device shall be installed.
G.
Landscape retaining wall not exceeding two feet in height and not
constructed in conjunction with any other wall or grading which creates
a change in grade, or a combined height, of more than four feet.
H.
Residential canvas awnings located at least 10 feet from any front
property line and at least three feet from any side or rear property
line.
I.
Doghouse with an area of 20 square feet or less, a height of four
feet or less, and located in a rear yard or a side yard with a setback
of at least three feet from any property line.
J.
Arbor with a length of 20 feet or less, a height of eight feet or
less above the average surrounding grade, and located in a rear yard
or a side yard with a setback of at least six feet from any property
line.
K.
Portable wading pool made of plastic, vinyl, or similar material, placed on the property for temporary use, having a maximum depth of one foot, a maximum area of 60 square feet, and located in a rear yard or a side yard with a setback of at least three feet from any property line. A portable wading pool satisfying the conditions set forth herein shall not be subject to the provisions of Chapter 115 of the Village Code.
L.
Childrens' playground equipment covering an area of 100 square feet
or less, having a height of 10 feet or less above the average surrounding
grade, and located in a rear yard or a side yard with setbacks of
at least 10 feet from any side property line and at least five feet
from any rear property line.
M.
No more than four structures used as storage bins. Each storage bin
shall have an area of 20 square feet or less, a height of four feet
or less above the average surrounding grade, and neither the width
nor the length of the storage bin shall exceed approximately six feet.
All storage bins shall be located at least three feet from any property
line.
[Added 12-17-2007 by L.L. No. 18-2007, effective 1-1-2008]
No application for approval of a land development activity shall be reviewed or approved until a stormwater pollution prevention plan (SWPPP), prepared in accordance with the specifications and provisions of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, including but not limited to the provisions and conditions of Article III, thereof, has been received by all appropriate boards of the Village of Sea Cliff, and all of the applicable specifications, requirements, provisions, and conditions of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled "Stormwater Management and Control," have been complied with.
[Added 1-8-2018 by L.L.
No. 1-2018]
A.
Notwithstanding any other provision of this Code, except as otherwise
provided in this section, short-term dwelling units are prohibited
in all zoning districts in the Village. Any person, acting as owner,
occupant, person with authority to permit use or occupancy of any
property in the Village, or as agent for any such person, who shall
establish, maintain, operate, let, lease, rent or suffer or permit
a property in the Village to be used as a short-term dwelling unit
except as permitted by this section shall be guilty of a violation.
B.
No short-term dwelling unit shall be established, maintained, operated,
let, leased, rented, or used without first obtaining a short-term
dwelling permit from the Village, as authorized in this section. Any
person, acting as owner, occupant, person with authority to permit
use or occupancy of any property in the Village, or as agent for any
such person, who shall establish, maintain, operate, let, lease, rent
or suffer or permit a property in the Village to be used as a short-term
dwelling unit without a short-term dwelling permit shall be guilty
of a violation.
C.
A short-term dwelling permit shall authorize the maintenance, operation,
rental, lease or use of premises for use as a short-term dwelling
unit for up to 30 consecutive days.
D.
No short-term dwelling permit may be obtained or issued for a dwelling
unit for use as a short-term dwelling unit more often than two times
in any calendar year.
E.
Each person obtaining a short-term dwelling unit shall pay a permit
fee to the Village in an amount determined from time to time by resolution
of the Board of Trustees.
F.
Short-term dwelling permits shall be issued by the Village Clerk,
upon submission of a properly completed application form promulgated
for such purpose by the Village Clerk, which form shall be filed with
the Village Clerk not less than 15 days prior to the term for which
the short-term dwelling permit is sought, and payment of all required
fees. No such permit shall be issued for any premises at which a violation
of this section has occurred within the twelve-month period prior
to the proposed commencement date of the occupancy for which the short-term
dwelling permit is requested.
G.
No short-term dwelling permit shall be transferable to or used by
any occupant other than an occupant listed in the permit application.
H.
An application form for a short-term dwelling permit shall include,
at a minimum, the following information:
(1)
The legal name, contact information (including e-mail and cell
phone) and mailing address of the owner of the property and the principal
proposed occupant of the property;
(2)
The physical and mail address of the property which is the subject
of the permit;
(3)
The written sworn or acknowledged consent of the owner of the
property;
(4)
The name and contact information for a representative of the
property owner as an emergency contact, who must be located within
Nassau County or within 25 miles of the Village, and who must be available
to manage the property at all times during the period of the transient
use.
I.
Upon issuance of a short-term dwelling permit, and at least five
days prior to the commencement of any use or occupancy of a premises
pursuant to such permit, the owner of the property which is the subject
of such permit, or the duly authorized agent of such owner, shall
provide written notice, by first-class mail or personal delivery,
to the owners or occupants of each abutting property, informing those
neighbors that a short-term dwelling permit has been issued and providing
the name and contact information for the emergency contact person.
Proof of such notice shall be filed with the Village Clerk at least
five days prior to the commencement of occupancy of the property pursuant
to the permit.
K.
Any short-term dwelling permit issued pursuant to this section may
be suspended or revoked by the Mayor or the Superintendent of the
Building Department for due cause, in addition to any other applicable
penalty provided by law. Written notice of such suspension or revocation
shall be given promptly by the Village Clerk to the owner and the
proposed occupant. The Zoning Board of Appeals shall have jurisdiction
to hear and determine any appeal from such suspension or revocation,
and any person aggrieved by a determination to suspend or revoke a
short-term dwelling permit may appeal in writing to the Zoning Board
of Appeals within 15 days after such written notice.
[Added 10-3-2022 by L.L. No. 3-2022]
A.
The following types of businesses shall be prohibited in all zoning
districts within the Village of Sea Cliff: cannabinoid hemp shops,
drug paraphernalia shops, vape shops, and vape lounges.
(1)
Purposes and considerations.
(a)
In the execution of this chapter it is recognized that there
are some uses which, due to their very nature, have serious objectionable
characteristics. The objectionable characteristics of these uses are
further heightened by their concentration in any one area, thereby
having deleterious effects on adjacent areas. Prohibition of these
uses is necessary to ensure that these adverse effects will not contribute
to the blighting or downgrading of the surrounding neighborhoods or
land uses.
(b)
It is further declared that the location of these uses in regard
to areas where our youth may regularly assemble and the general atmosphere
encompassing their operation is of great concern to the Village of
Sea Cliff.
(c)
These special regulations are itemized in this section to accomplish
the primary purposes of preventing the establishment of these uses
in any area and restricting their accessibility to minors.
(2)
CANNABINOID HEMP
CANNABINOID HEMP SHOP
DRUG PARAPHERNALIA SHOP
VAPE LOUNGE
VAPE SHOP
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Any product processed or derived from hemp, that is used
for human consumption, including for topical application, for its
cannabinoid content, that contains more than 0.3% THC. Cannabidiol
or "CBD" products are an example of cannabinoid hemp products and
can come in a variety of different forms, including, but not limited
to, tinctures (CBD oil), pills, capsules, balms, lotions and food
or beverage products. Other hemp-derived products such as hempseeds
or hempseed oil, which do not contain cannabinoids, are regulated
as foods and not under the scope of this program. Cannabinoid hemp
product does not include cosmetics.
An establishment that sells cannabinoid hemp products in
their final form to consumers to be used for human consumption or
topical application.
An establishment that sells accessories, tools, and equipment
used for taking, consuming, or selling non-FDA-approved drugs, including,
but not limited to, glass pipes, hookahs, water pipes, bongs, one-hitter
pipes, rolling papers, pipe screens, roach clips, vaporizers, rolling
machines, and small weighing scales.
Any facility or location whose business operation includes
the on-site smoking of electronic cigarettes, vape pens, vapors, and
pipes, e-liquids, as defined herein, or other substances. "Smoking"
includes the inhalation of the smoke/e-liquid nicotine/vapors water
pipe tobacco and other substances encased in electronic cigarettes,
vape pens, vapors, and pipes commonly known as a "hookah," "water
pipe," "shisha" and "narghile" or any similar device.
Any establishment which offers for sale or consideration
electronic cigarettes, electronic pipes, vape pens and products, vapors,
e-liquid, or other substances, but not tetrahydrocannabinol (THC),
as a substantial or significant portion of its business, merchandise
and/or stock-in-trade.
(3)
The right to maintain an existing prohibited use set forth in
this section shall terminate within one year of adopting this code
section.
(4)
Notwithstanding anything set forth herein, any establishment
that offers for sale or consideration cannabinoid hemp products must
be duly licensed by New York State and comply with all applicable
federal, state and local regulations.
[Added 10-10-2023 by L.L.
No. 7-2023]
A.
APPLICANT
BOARD
BUILDING INSPECTOR
CORPORATE MASSAGE
CUSTOMER or CLIENT
EDUCATION DEPARTMENT
LICENSE
MASSAGE
MASSAGE ESTABLISHMENT
MASSAGE ESTABLISHMENT LICENSE
MASSAGE PRACTITIONER
MASSAGE SERVICES LICENSE
MASSAGE THERAPIST
OUTCALL MASSAGE SERVICE
PERSON
Definitions. For purposes of this section, the words listed below,
whether capitalized throughout this section or not, shall have the
following meanings unless the context clearly indicates an alternative
meaning:
A Person who has applied for a Massage Services or Massage
Establishment License within the Village of Sea Cliff.
Village of Sea Cliff Board of Trustees.
The Village of Sea Cliff Building Inspector.
Any Massage of the neck, arms, shoulders, and back area above
the waist, where the client is fully clothed, and that is done without
the use of supplementary aids, such as rubbing alcohol, liniments,
antiseptics, oils, powders, creams, lotions, ointments, or other similar
preparations commonly used in the practice of Massage.
Any individual, firm, association, partnership, corporation,
joint venture, or combination of individuals who obtains or seeks
to obtain Massage services.
New York State Education Department.
A Massage Establishment License or a Massage Services License
as defined by this section.
Any method of pressure, friction against, stroking, kneading,
rubbing, tapping, pounding, vibrating, or stimulating the external
parts of the human body with the hands, hot towels, or with any mechanical
or electrical apparatus or other appliances or devices, with or without
supplementary aids such as rubbing alcohol, liniments, antiseptic,
oil, powder, cream, lotion, ointment, or other similar preparations,
or by baths, including but not limited to vapor, electric tubs, mineral
fomentation, or any other type of bath.
Any establishment having a fixed place of business where
any Person engages in, conducts, carries on, or permits for consideration,
Massages; including, but not limited to, any hot tub/sauna, relaxation,
spas, or tanning establishments in which Massage services are made
available to members of the public.
A License to operate a Massage Establishment in the Village
of Sea Cliff as required by this section.
Any Person who performs Massage on a Customer or Client in
exchange for payment.
A license to perform Massage services in the Village of Sea
Cliff as required by this section.
Any Person who has a license in good standing as a Massage
Therapist from the New York State Education Department.
Any business, the function of which is to engage in or carry
on Massages at a location designated by the Customer or Client rather
than at a Massage Establishment.
Any individual, firm, association, partnership, corporation,
joint venture, or combination of individuals.
B.
Licensed Massage Therapists to perform Massage.
(1)
Within 90 days of the effective date of this section, all Persons
who own or operate Massage Establishments in the Village of Sea Cliff
shall obtain a Massage Establishment License from the Building Inspector.
(2)
Within 90 days of the effective date of this section, all Massage
Practitioners who operate in the Village of Sea Cliff shall obtain
a Massage Services License from the Building Inspector.
(3)
It shall be unlawful for any Person to offer or perform Massage
services for consideration in the Village of Sea Cliff unless that
Person is a Massage Therapist with a Massage Services License.
(4)
It shall be unlawful for any Person to operate a Massage Establishment
in the Village of Sea Cliff unless all of the following apply:
(a)
The owner or manager of the Massage Establishment is a Massage
Therapist; and
(b)
The owner of the Massage Establishment has a Massage Establishment
License in good standing; and
(c)
The Massage services provided in the Massage Establishment are
performed exclusively by a Massage Therapist with a Massage Services
License in good standing.
(5)
It shall be unlawful to employ a Person to perform Massage in
a Massage Establishment in the Village of Sea Cliff unless that Person
is a Massage Therapist with a Massage Services License.
C.
Exemptions.
(1)
The Persons listed below are not required to comply with Subsection B as long as these Persons administer Massage as part of the performance of their respective professions:
(a)
Physicians, surgeons, chiropractors, osteopaths, naturopaths,
podiatrists, and other professions that are duly licensed by the Education
Department;
(b)
Nurses, whether registered or licensed vocational nurses, who
are duly licensed by the Education Department to practice nursing;
(c)
Occupational therapists, physical therapists, and athletic trainers
licensed by the Education Department to practice these professions;
(d)
Barbers or cosmetologists licensed by the New York Department
of State, performing Massage within the scope of their license;
(e)
Schools, colleges, or institutions approved by and determined
to be in good standing with the Education Department that have the
Massage therapy curriculum required for students to become Massage
Therapists upon course completion and the students enrolled at such
schools, colleges, or institutions.
(2)
Massages that are clearly incidental to the operation of a personal
fitness training center, gymnasium, or health club may be permitted
without a Massage Establishment License. Individuals providing Massage
at personal fitness training centers, gymnasiums, or health clubs
must obtain a Massage Services License before performing Massage at
these locations.
(3)
The requirements to obtain a Massage Establishment License do
not apply to Massage Therapists administering Massage or health treatments
involving a Massage to Persons participating in singular occurring
recreational events, provided all of the following conditions are
met:
(a)
Massage services are made available equally to all participants
in the event;
(b)
The event is open to participation by the general public or
a significant segment of the public, such as employees of the sponsoring
or participating corporations;
(c)
The Massage services are provided at the site of the event,
either during, immediately preceding or immediately following the
event;
(d)
The sponsors of the event have been advised of and approve of
the Massage services; and
(e)
The Persons providing the Massage services are not the primary
sponsors of the event.
D.
Massage Establishment and Massage Services License required.
(1)
A Massage Establishment License or a Massage Services License
may be issued to any Person who has complied with the requirements
of this section and all other applicable provisions of the Village
of Sea Cliff Village Code.
(2)
Applicant must obtain a separate Massage Establishment License
for each Massage Establishment location within the Village of Sea
Cliff.
(3)
The possession of a Massage Establishment License does not authorize
the licensee to perform work for which a Massage Services License
is required.
(4)
It is unlawful to operate, establish, or maintain a Massage
Establishment while the Massage Establishment License issued for such
business has been suspended, revoked, or has expired.
(5)
It is unlawful to practice Massage in the Village of Sea Cliff
while an individual's Massage Services or Massage Establishment
License has been suspended, revoked, or has expired.
(6)
No additional applications for Massage Establishment Licenses or for Massage Services Licenses will be accepted from individuals who are in the appeals process described in Subsection P until the existing Massage Establishment License or Massage Services License has expired, has been revoked, or has been surrendered by the Applicant.
E.
Massage Establishment License application.
(1)
Applications for Massage Establishment Licenses shall be filed
with the Building Inspector. Within 60 working days following receipt
of the completed application, the Building Inspector shall either
issue the License or mail a written statement of the reasons for denial.
When necessary, the Building Inspector may extend the time beyond
60 days in order to conduct a complete investigation.
(2)
The application shall include the exact nature of the Massage,
bath, or treatment to be administered, and the location of the proposed
place of business and facilities where such services will take place.
Applicants who cannot produce a license in good standing to practice
Massage from the Education Department are required to furnish fingerprints
for the purpose of establishing identification and criminal record
through FBI and BCI criminal background checks. In addition, each
Applicant shall furnish all the following information:
(a)
The full name, including any nicknames or other names used presently
or in the past, and the present street address and phone number of
the Applicant's residence;
(b)
The previous address of the Applicant for a period of three
years immediately prior to the date of the application and the dates
the Applicant resided in each of these previous residences;
(c)
Information necessary to perform a criminal background check,
including the following: Applicant's date of birth, height, weight,
eye and hair color, Applicant's New York driver's license
number and/or state identification number (if any), and Applicant's
Social Security number;
(d)
The names, street addresses, and phone numbers of any Massage
Establishment or any other business involving Massage, relaxation,
or other related business by which the Applicant has been employed
within the past 10 years, and the dates of employment;
(e)
Any criminal conviction on the record of the Applicant for criminal
offenses, other than traffic violations, within five years preceding
the date of the application;
(f)
Whether the Applicant has ever had a license, certificate, permit,
or other authorization to engage in the practice of Massage or related
business;
(g)
Whether the Applicant currently owns or owned or was employed
by a Massage Establishment or other business engaged in the practice
of Massage that was suspended or revoked within the 10 years preceding
the date of the application, the dates and reasons for any such suspensions
or revocations, and the name and location of the jurisdiction or agency
that suspended or revoked such license, certificate, permit or other
authorization;
(h)
Whether the Applicant, including Applicant as a member of a
corporation, business, or partnership, has ever operated or been employed
at any business that has been the subject of a nuisance abatement
proceeding or any similar laws in other jurisdictions. If the Applicant
has previously worked at such a business, the Applicant should provide
the name and address of the business, the dates on which the Applicant
was employed at such business, the name and location of the court
in which the nuisance abatement action occurred, the applicable case
number, and the outcome of the nuisance abatement action;
(i)
If the Applicant is a partnership, the application shall provide
the names and street addresses of each general and limited partner;
(j)
If one or more partners is a corporation, the name of the corporation
shall be set forth exactly as shown in its articles of incorporation
or charter, together with the state and date of incorporation, and
the full legal names and street addresses of each of its current officers
and directors;
(k)
Whether the Applicant intends to personally provide Massage
at the business, and if so, the Applicant must provide their license
to practice Massage therapy from the Education Department for photocopying;
(l)
If Applicant does not intend to personally provide Massage at
the Massage Establishment, then Applicant must provide the names of
all employees, known at the time of application, who will practice
Massage therapy at the Massage Establishment along with a statement
under penalty of perjury that each of these employees have license(s)
to practice massage therapy from the Education Department;
(m)
A written statement under penalty of perjury that the Applicant
will not personally give Massages at the Massage Establishment unless
the Applicant is a Massage Therapist;
(n)
Whether the Applicant has previously applied to the Village
for a Massage Establishment License and the date of the application
and every name(s) under which the application was made;
(o)
The proposed name and street address of the Massage Establishment,
together with the name and street address of any other Massage business
operated or managed by the Applicant within the 10 years preceding
the date of the application;
(p)
A statement under penalty of perjury that the Applicant has
not made any false, misleading, or fraudulent statements or omissions
of fact in their application or any other documents required by the
Village to be submitted with the application;
(q)
The name and street address of the owner or landlord and the
lease holder of the proposed premises where the Massage services shall
take place;
(r)
Acknowledgment by the Applicant that any information contained
within the application that may change during the License period will
be provided to the Village within five days of the change to maintain
current records, including the names of newly hired employees who
will provide Massage at the Massage Establishment;
(s)
Authorization for the Village, its agents and employees, to
seek information and conduct an investigation into the truth of the
statements set forth in the application and into the background of
the Applicant;
(t)
Such other information as may be deemed necessary by the Building
Inspector.
F.
Massage Services License - application.
(1)
Applications for Massage Services Licenses shall be filed with
the Building Inspector. Within 60 working days following receipt of
the completed application, the Building Inspector shall either issue
the License or mail a written statement of the reasons for denial.
When necessary, the Building Inspector may extend the time beyond
60 days in order to conduct a complete investigation.
(2)
The application shall include the Applicant's full, legal name, current residential address, a statement explaining the exact nature of the Massage, bath, or treatment to be administered, and the location of the proposed place of business and facilities where such services will take place. Applicants must also provide a copy of the results of the Applicant's background check performed as part of Applicant's licensing process by the Education Department. If the Applicant can produce a license in good standing to practice Massage from the Education Department but cannot produce a copy of the results of the Applicant's background check as required in this section, Applicant must submit to a background check as required in Subsection E. In the case of individuals intending to perform Outcall Massage, a statement indicating the individual's intent to perform Outcall Massage.
G.
Submittal of documentation. Applicants shall submit all the following
information at the time of their application in addition to the application:
(1)
Massage establishment license:
(a)
A copy of an acceptable form of picture identification such
as a driver's license or state identification card;
(b)
Two recent identical color photographs of the Applicant (similar
to passport photographs);
(c)
For a renewal license, a statement that the Applicant has not
violated any provision of this section; and
(d)
Such other information as may be deemed necessary by the Building
Inspector.
(2)
Massage services license:
(a)
All documentation required to obtain a Massage Establishment License as listed in Subsection G; and
(b)
A copy of the Applicant's license to practice Massage from
the Education Department.
(c)
A copy of the results of Applicant's background check performed
as part of Applicant's licensing process by the Education Department.
H.
Application fees. Any application for a Massage Establishment License or for a Massage Services License shall be accompanied by a nonrefundable fee, as established in the Chapter A142 of the Village Code. The application fee shall be used to offset the cost of review and investigation, and is not made in lieu of any other fees required by the Village Code. The application fee shall be paid at the time the application is submitted.
I.
License expiration and renewal.
(1)
Massage Establishment Licenses shall expire on December 31 of
the year for which the License was issued and must be renewed annually.
(2)
Massage Services Licenses shall expire on December 31 of the
second year for which the License was issued and must be renewed every
two years.
(3)
A renewal fee will be assessed for each License being renewed.
Applications for License renewal must be submitted to the Building
Inspector no later than 60 days prior to the expiration of such License.
Renewal Licenses shall be granted upon a finding by the Building Inspector
that no act, related to the Applicant or to the Massage Establishment
that is the subject of the renewal application, has been committed
during the previous License period that would be grounds to deny the
initial License application. Once a License holder's License
expires, the License holder shall be in violation of this chapter
until a new Massage Establishment License or new Massage Services
License is obtained from the Building Inspector.
J.
Denial of application. An application for Massage Establishment or
Massage Services License may be denied by the Building Inspector if
any of the following are found:
(1)
That the Applicant did not complete the necessary initial or
renewal application for a license, that the Applicant made a material
misstatement in said application, or that the Applicant failed to
meet the applicable requirements of this section;
(2)
That the Applicant for a Massage Service or a Massage Establishment
License or any officers, directors, or employees of the Applicant
for a Massage Establishment License have been convicted of:
(a)
Any sex offense under New York Law or equivalent offenses under
the laws of another jurisdiction, even if sealed;
(b)
Any felony within the past five years;
(c)
A prior offense that involves violation of federal, state or
local laws involving illegal possession for sale, or sales of a controlled
substance, or equivalent offenses in the past five years, even if
sealed;
(d)
Any offense involving the use of force or violence upon another
Person in the past five years; or
(e)
Any offense involving theft in the past five years.
(3)
That the Massage services to be provided or the operation of
a Massage Establishment as proposed by the Applicant, if permitted,
would not comply with this section, or any other applicable laws,
including, but not limited to, all Village Code provisions.
(4)
That the Applicant has previously violated any provision of
this section or any similar law, rule or regulation of another public
agency that regulates Massage or the operation of Massage Establishments.
K.
Operating requirements for massage establishments. All Massage Establishments
shall comply with the following operating requirements:
(1)
Posting of licenses. A copy of each Massage Services License,
Massage Establishment License, and Massage Therapists' license(s)
from the Education Department shall be posted in a conspicuous place
in such a manner that it can easily be seen by Persons entering the
establishment.
(2)
Posting of services available and fees. A list of all services
available, the price thereof and the length of time each service shall
be performed, shall be posted or available in a conspicuous place
in such a manner that it can easily be seen by Persons entering the
establishment. No other services, other than those posted, shall be
provided.
(3)
Payment/tips. Payment for Massage services, and any tips, shall
be paid for at the designated reception area of the business establishment.
(4)
Maintain written records. Every Massage Establishment shall
keep a written record of the date and hour of each service provided,
the name and address of each patron and the service received, and
the name of the Massage therapist administering the service. These
records may not be used for any other purpose than as records of service
provided, and may not be provided to other parties by the Massage
Establishment unless otherwise required by law. Such records shall
be retained on the premises of the Massage Establishment for a period
of two years.
(5)
Standard of dress for massage establishment employees. All employees
of the Massage Establishment shall remain fully clothed in clean outer
garments while on the premises of the Massage Establishment.
(6)
Operating hours. No Massage Establishment shall be kept open
for business, and no Massage Therapist shall administer Massages after
the hour of 10:00 p.m. or before the hour of 7:00 a.m.
(7)
Lighting required. Massage Establishments will be lighted at
all times during business hours to clearly show the business is in
operation. Rooms where Massage services are provided will be adequately
lighted when occupied to meet all emergency exiting requirements.
L.
Massage Establishment - conditions of premises.
(1)
Required maintenance of massage establishment. All premises
and facilities of the Massage Establishment shall be maintained in
a clean and sanitary condition at all times. The premises and facilities
shall meet the applicable requirements of the Village Code, including,
but not limited to, those related to the safety of structures and
building systems, property maintenance, zoning, and adequacy of the
plumbing, heating, ventilation, and waterproofing of rooms in which
showers, water, or steam baths are used and maintained.
(2)
Linens. All Massage Establishments shall provide clean laundered
sheets, towels, and other linen for use by clients. Such linens shall
be laundered after each use and stored in a sanitary manner. Heavy
white paper may be substituted for sheets on Massage tables, provided
such paper is used only once for each client and is then discarded
into a sanitary receptacle.
(3)
Privacy standards for massage rooms and dressing rooms. The
Massage Establishment shall provide doors, curtains, accordion pleated
enclosures or other similar privacy barriers for all dressing rooms
and Massage rooms.
M.
Prohibited acts.
(1)
Touching of sexual and genital parts of client during massage.
No holder of a Massage Establishment License, Massage Services License,
or any other employee of a Massage Establishment shall place either
their hand or hands upon, or touch with any part of their body, or
with a mechanical device, a sexual or genital part of any other Person
in the course of a Massage, or Massage a sexual or genital part of
any other Person. Sexual and genital parts shall include the genitals,
pubic area, anus, or perineum of any Person.
(2)
Uncovering and exposure of sexual and genital parts of client
before, during, or after massage. No holder of a Massage Establishment
License, Massage Services License, or any other employee of a Massage
Establishment shall uncover and expose the sexual or genital parts
of a client or themselves while engaged in the practice of Massage,
or before or after a Massage.
(3)
Outcall massage services. Massage Therapists providing Outcall
Massage must carry their Massage Services License with them to each
location where the Massage Therapist intends to perform Massage.
(4)
Transfer of massage establishment or massage services license.
No License issued pursuant to this section shall be transferred or
assigned in any manner, whether by authorization of law or otherwise,
from any location to another location or from Person to Person, except
that a Person possessing a Massage Services License, issued by the
Village, may move from one employer to another without filing a new
application or paying a new fee, so long as the Massage Services License
holder notifies the Building Inspector, in writing, of the change
in their employment within five business days of such change. Failure
to make this notification within five business days shall be grounds
for suspension, revocation, nonrenewal, or denial of the Massage Services
License.
N.
Denial, suspension, or revocation of License — grounds. Any
License issued under this section may be suspended, revoked, or denied
upon renewal by the Building Inspector designee for any reason that
would have originally justified a refusal to issue the License, or
for any of the following:
(1)
Any violation of this section;
(2)
Any violation of the Village Code;
(3)
Any material misrepresentation made on an initial or renewal
application for a Massage Establishment License or a Massage Services
License; or
(4)
A refusal to permit the reasonable inspection of a Massage Establishment
as required under this section.
O.
Denial, suspension, or revocation - notice — hearing.
(1)
An Applicant for a Massage Establishment or Massage Services
License or the holder of a Massage Establishment or Massage Services
License shall be promptly notified in writing of any order of suspension,
revocation, or denial of said application or License.
(2)
The order shall explain the reason(s) for suspension, revocation,
or denial and shall inform the Applicant or License holder of their
ability to appeal the order in accordance with this section and to
obtain a hearing before the Board.
(3)
Notice shall be deemed to be properly served if a copy of the
order is:
(a)
Delivered personally to Applicant; or
(b)
Transmitted via facsimile transmission to the last known fax
number of the Applicant when the transmission verification report
indicates that the transmission was successful. A copy of the transmission
verification report may be used as proof of service; or
(c)
Left at the usual place of business of the Applicant and with
someone who is 18 years of age or older; or
(d)
Sent by certified, pre-posted U.S. mail, return receipt requested,
to the last known address of the Applicant; or
(e)
If service is sent by certified, pre-posted U.S. mail and then
returned showing that service was refused or unclaimed, or the return
receipt is not returned within 14 days after the date of mailing,
then notice may be sent by regular U.S. mail to the last known address
of the Applicant; or
(f)
Posted in a conspicuous location on or about the Massage Establishment
or the last known address of the Applicant.
(g)
Transmitted by electronic mail to address provided on the Massage
Establishment application. Upon receipt of the order, the Applicant
or License holder shall immediately cease any operation of a Massage
Establishment and any practice of Massage within the Village of Sea
Cliff.
P.
Appeals.
(1)
Unless otherwise prohibited by this section, any: a) denial
of an application for a Massage Establishment or Massage Services
License; b) order of suspension, revocation, or nonrenewal of a Massage
Establishment or Massage Services License; or c) notice of violation
issued upon inspection of a Massage Establishment, may be appealed
to the Board.
(2)
Appellant must file written notice of appeal with the Building
Inspector within five working days after the date the order was served.
Appellant's written notice of appeal must be delivered in Person
or sent certified mail to the Building Inspector, return receipt requested.
Appellant's formal, written appeal must then be filed by the
appellant with the Building Inspector within 10 working days after
appellant's receipt of the order.
(3)
For each timely filed appeal, the Board shall conduct a hearing
within 20 business days after the date of the appellant's formal
written appeal, unless the appellant consents in writing to extend
the date of the hearing. At such hearing, the appellant may appear
in person or be represented by an attorney and present witnesses and
evidence to the Board. The Building Inspector may appear and present
witnesses and evidence to support the order or action.
(4)
The Board, by a majority vote of those members present at the
hearing, may affirm, amend or reverse the order, or take other action
deemed appropriate. The Board shall issue a written decision within
15 business days of the conclusion of the hearing. The Board shall
serve a copy of the final written decision on the appellant. If the
Board finds in opposition of appellant, then appellant may appeal
the decision to a court of competent jurisdiction.
(5)
In conducting the hearing, the Board shall not be limited by
the technical rules of evidence. The procedure and conduct of the
Board shall comply with the then current version of Robert's
Rules of Order, unless otherwise provided for by written and adopted
rules of procedure by the Board. Any Person requesting an appeal shall
pay a nonrefundable fee set forth in Village Code at the time of filing
the appeal.
Q.
Inspections. All Persons shall permit the inspection of a Massage
Establishment to determine compliance with this section and other
applicable state and local laws at any time the Massage Establishment
is occupied or open for business.
R.
Enforcement and penalty.
(1)
Enforcement of any of the provisions of this section may be
by civil action and/or criminal prosecution.
(2)
Any individual who advertises, offers, or provides Massage services
in violation of this section is guilty of a misdemeanor of the second
degree. A separate offense shall be deemed committed each day a violation
occurs or continues.
(3)
Any individual who holds a License under this section who violates
any provision of this section is guilty of a violation. A separate
offense shall be deemed committed each day a violation occurs or continues.
(4)
Any or all of the following additional actions may be taken
against an individual who violates any provision of this section:
S.
Immunity from prosecution. The Village and its designee, the Building
Department and all other departments and agencies, and all other Village
officers, agents, and employees, charged with enforcement of state
and local laws and codes shall be immune from prosecution, civil or
criminal, for reasonable, good faith trespass upon a Massage Establishment
while acting within the scope of authority conferred by this section.
T.
Continuing violations-alternative remedies. The Village of Sea Cliff
Village Attorney may commence civil action to enjoin the continued
violation of any provision of this section or to abate a nuisance,
as an alternative, or in conjunction with any other civil or criminal
proceedings provided for herein.
