The Municipal Council of the City of Clifton
hereby declares its intent to regulate in a manner consistent with
the interest of the citizens of the City of Clifton the location,
the installation, the maintenance and operation of coin-operated dry-cleaning
machines.
It shall be unlawful to install, operate or
maintain any "automatic coin-operated or self-service dry-cleaning
machine" as hereinafter defined except in compliance with the provisions
of this chapter.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
AUTOMATIC COIN-OPERATED OR SELF-SERVICE DRY-CLEANING ESTABLISHMENT
Includes those premises wherein devices for the cleaning
of textiles, fabrics, garments or other articles by the use of any
solvent, other than water, are installed for use by the general public,
and designed to be used or operated by any but the owner, or an employee
of the owner thereof.
AUTOMATIC COIN-OPERATED OR SELF-SERVICE DRY-CLEANING MACHINE
Includes any device or apparatus for the cleaning of textiles,
fabrics, garments or other articles by the use of any solvent, other
than water, for use by the general public, and designed to be used
or operated by any but the owner, or an employee of the owner thereof.
CUSTOMER AREA
That portion of the establishment to which the general public
is permitted access.
MAINTENANCE AREA
That portion of the establishment to which the customer is
not permitted access and used for general maintenance and storage
purposes.
PERSON
Includes any individual, partnership, corporation, company,
firm or any public or private entity.
SOLVENT
A substance capable of, or used in, dissolving something.
[Amended 11-14-1966 by Ord. No. 3734]
A. License required. It shall be unlawful for any person
to operate any automatic coin-operated or self-service dry-cleaning
machine without first having received a license therefor from the
City Clerk.
B. Application for license. Any person desiring to operate
an automatic coin-operated or self-service dry-cleaning establishment
shall make application therefor in writing to the City Clerk.
C. Contents of application. Such application shall include
the following information:
(1) The applicant's name, business name and business address.
(2) Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3) If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4) If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5) If the applicant is a corporation or other entity,
in the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office [The term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation.]; in the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having any interest, either legal or equitable, aggregating in
value 10% or more of the total capital of said entity, the name and
address of the registered agent, if any, and the address of the principal
office.
(6) Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime,
and, if so, the name of the person arrested or convicted, the date
of arrest, the crime or charge involved and the disposition thereof.
The term "officers," as used herein, means and includes the president,
vice presidents, secretary and treasurer of a corporate applicant.
(7) The proposed location of the establishment, a floor
plan showing the building outline and location of the equipment, including
provisions for ventilation for both the machines and the room in which
the machine will be located.
(8) The manufacturer of the machine, the trade name and
manufacturer's agent.
(9) The name, address and authorized officer of the person
engaged to install the equipment.
(10) Names, addresses and telephone numbers of maintenance
personnel.
D. Processing of application.
(1) Upon receipt of such application, the City Clerk shall
notify the Health Department, Building Department and Fire Public
Safety Department, and said departments shall make such investigations
of maintenance and storage facilities, as well as machines and their
locations in and about the the premises, as may be necessary to determine
compliance with the provisions of this chapter.
[Amended 4-6-1971 by Ord. No. 4037-71]
(2) Upon receipt of the results of said investigations,
the City Clerk shall forward said results, together with the application,
to the Planning Board.
(3) The Planning Board shall recommend whether the application
should or should not be granted and shall return the application,
the results of said investigations and its recommendation to the City
Clerk.
(4) The City Clerk shall then present the application,
the results of said investigations and the recommendation of the Planning
Board to the Municipal Council for its consent and approval.
(5) Consent and approval shall not be granted when the
proposed location of the establishment is part of a building which
is occupied in part as a dwelling.
E. Issuance of licenses. Upon the consent and approval
of the Municipal Council, the City Clerk shall issue such license.
F. Fee. The annual fee for such license shall be $25
plus $5 for each automatic coin-operated or self-service dry-cleaning
machine over five maintained in any one establishment.
G. Term and transferability. Each such license shall
expire on the 31st day of December following its issuance, unless
sooner suspended or revoked by the Municipal Council, and shall automatically
be renewed by the City Clerk upon payment of the annual fee; provided,
however, that nothing contained herein shall be construed to mean
that the license may be transferred from person to person or from
the location for which it was originally issued, and provided further
that such license may not be transferred from person to person or
from the location for which it was originally issued.
The Health Department and other authorized representatives
of the City of Clifton shall inspect establishments as often as they
deem it necessary. The permit holder or his representative shall permit
access to any portion of the establishment for the purpose of making
such an inspection.
Any coin-operated or self-service dry-cleaning
establishment constructed, operated or maintained in violation of
the provisions of this chapter is hereby declared to be a nuisance
and is detrimental to the public health.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
Ordinance No. 3389, passed on October 17, 1961,
is hereby repealed. All other ordinances or parts of ordinances inconsistent
herewith are hereby repealed as to such inconsistency only.