[HISTORY: Adopted by the Board of Trustees of the Village of Lake George as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-1945 by Ord. No. 42]
Any person or persons, partnership or corporation or membership corporation or association is prohibited from the pursuit or exercise without a license of any of the following trades or occupations within the Village of Lake George:
The doing of a retail business in the sale of goods or services of any description within the limits of the Village from boats or from the lands by the side of the lake and within the boundary line thereof from boats on Lake George, except produce of a farm and unmanufactured products of the forest.
Theaters, circuses or other exhibitions or performances, the keeping of billiard or pool rooms, bowling alleys, shooting galleries, boat liveries, boat rides, boat rentals and other similar places of amusement, for money or hire; or the giving of exhibitions, performances or entertainments in any place within the Village.
Any business, corporation or establishment which provides entertainment by an individual entertainer, band, vocalist, orchestra or any other vocal or instrumental group anywhere within the Village of Lake George is required to obtain a separate business license.
[Added 8-1-1966; amended 10-17-1966; 4-29-1991 by Ord. No. 4-1991]
The use of any public hall or opera house, but such place shall not be licensed unless it has suitable and safe means of ingress and egress in case of panic or fire and a certificate of occupancy has been issued by the licensing agency.
[Amended 3-24-2010 by L.L. No. 5-2010]
The running of restaurants, eating places, lunch counters, soft drink counters or similar places for the sale or consumption on or off the premises of beverages of any class or description within the Village.
The operation of all building construction trades, which include earth moving, masonry, carpentry, electrical work, plumbing, heating, roofing, paving, painting and landscaping, as well as building, in conjunction with the construction or repair of any structure in the Village of Lake George.
The running of hotels, motels, rooming houses, boardinghouses or short-term residential rentals within the Village limits.
[Amended 11-17-2014 by L.L. No. 9-2014]
The Village of Lake George reserves the right to require proof of liability insurance for certain business classifications. Such application and every renewal shall be accompanied by proof of liability insurance in the amount of $1,000,000 per person and $2,000,000 aggregate. The Village may require proof of insurance for such classifications as, but not limited to, parasailing, boat rental, boat tours, cruise vessels, museums, indoor attractions and miniature golf.
[Added 3-24-2010 by L.L. No. 5-2010]
[Amended 4-30-1962; 8-1-1966; 4-6-1981 by L.L. No. 1-1981; 7-20-1987 by L.L. No. 5-1987; 4-29-1991 by L.L. No. 4-1991]
[Amended 7-20-1992 by L.L. No. 7-1992; 2-14-2005 by L.L. No. 4-2005]
Each person or persons, partnership, corporation, membership corporation, association or limited-liability company, before entering into, pursuing or exercising such trade or occupation, shall pay to the Village Clerk-Treasurer of the Village of Lake George the fee for such license, said fee to be fixed by the local law in accordance with the following categories:
[Amended 4-17-2006 by L.L. No. 5-2006; 1-8-2007 by L.L. No. 1-2007; 3-24-2010 by L.L. No. 5-2010; 7-18-2011 by L.L. No. 8-2011; 8-15-2016 by L.L. No. 6-2016]
All business licenses are in effect May 1 of each year and expire April 30 of the following year. Business license fees are due on May 1. Fees for applications made after May 1 will not be prorated. Fees remaining unpaid as of May 31 shall be doubled. If the business license application is not complete with required insurance certificates and payment in full by June 15 or the next business day, notification of noncompliance will be mailed to the business giving them seven business days to comply. If after seven business days, the business application is not complete, regulating agencies, such as, but not limited to the NYS Department of Health and NYS Liquor Authority may be notified, and the business shall be deemed in violation and operating without a license and subject to a penalty set forth in § 135-5. Said license shall be issued by the Mayor, and countersigned by the Clerk of the Village of Lake George. Such license shall not take effect until it has been so endorsed and/or updated with a current sticker, pursuant to par. 91 of the Village Law.
[Amended 9-17-2018 by L.L. No. 10-2018]
Each separate business operating under one ownership on the same parcel of property (but under different category) is to be considered a separate business, and a license shall be required for each separate business.
Editor's Note: Former § 135-3, Issuance of license, which previously followed this section, was repealed 11-17-1997 by L.L. No. 10-1997.
It is further provided that such license may be revoked for cause shown should the licensee fail to conduct and maintain the licensed premises, trade or occupation according to the laws of the State of New York and the ordinances of the Village of Lake George and the rules and regulations of the public health laws and the police powers of the State of New York, and it is further provided that the Mayor and the Board of Trustees may revoke such license for cause shown, such as immorality or criminal or indecent conduct in or about the licensed premises.
Any applicant who shall have been refused such license by the Mayor may apply to the Board of Trustees therefor at a meeting thereof, and the same may be granted or refused by the Board. The Mayor may suspend any such license until the next meeting of the Board of Trustees, and thereupon the said license may be revoked or continued by the Board.
[Added 4-30-1962; amended 2-14-2005 by L.L. No. 4-2005]
Anyone practicing any of these trades, professions or callings without first obtaining a license so to do shall be guilty of an offense punishable by a fine not to exceed $250 or 50 days in jail; or anyone practicing any one of these professions, trades or callings after he has been convicted of such offense shall be deemed to be a second offender and punishable by a fine not to exceed $500 or 100 days in jail.
Any licensee whose license shall have been revoked for cause shown shall be guilty of a misdemeanor and, in addition to the revocation of the said license, shall be subject to a fine of $250 or 50 days' imprisonment, or both.
[Adopted 2-8-1999 by L.L. No. 2-1999]
It is the intent of the Village of Lake George, in recognition of the fact that tourism is its largest source of revenue, that the promotion and regulation of transient vendors and special events is desirable and necessary to the general health, safety and welfare of the residents, property owners and business community.
As used in this article, the following terms shall have the meanings indicated:
- CENTRAL LOCATION
- The main location for the holding of the special event and shall be so designated on the application for the special event permit.
- CONFLICTING SPECIAL EVENTS
- Special events which are held during the same or overlapping periods of time and which special events are of such a nature as to likely cause conflict in the conduct of such special events due to time, place, noise and burden upon the Village's infrastructure. By way of example, conflicting special events would be the Jazz Festival and the Car Show, as the noise typically generated by the Car Show would likely and significantly interfere with the music played during the Jazz Festival.
- SATELLITE LOCATION
- Locations for the holding of the special event, other than the central location.
- SPECIAL EVENT
- A fair or exhibition based upon a common theme held at a specified time and place. Examples of special events are Americade, Car Show, Jazz Festival, Family Festival, Summer Fest, Tow Truck Show, Lakeside Festival, Winter Carnival and Queen's Great Boat Race. A special event shall have a variety of activities, entertainment, and educational programs. One or more transient vendors gathered together for the sale of goods or services, whether or not based upon a common theme, does not constitute a special event.
- TRANSIENT VENDOR
- The seller of goods or services operating out of a temporary structure, including but not limited to a tent, push cart or motor vehicle (such as a car, van or trailer), for a period of not more than seven days during a special event.
All transient vendors must be located on site at either the or central or satellite location of the special event. The central or satellite location of a special event must be within a commercial zone.
The minimum lot size for a special event with transient vendors for a central or satellite location is 30,000 square feet of usable open space.
Applications for a special event permit may be obtained from the Village Clerk.
[Amended 9-16-2002 by L.L. No. 8-2002]
Applications will require applicants to provide satisfactory information, including, but not limited to, the applicant's name, address and telephone number, sales tax number, liability insurance coverage of at least $1,000,000, advertising, the name, date and location of the special event, the theme for the special event, the variety of activities, entertainment and educational programs, location of the special event and the arrangements for safety, security and entrances and exits to the special event. The Village shall be named as an additional insured on such insurance policy.
All applications must be signed by both the applicant and the owner of the real property on which the special event will be held.
Applications must be filed with the Village Clerk not less than 90 days, but not more than one year, prior to the start of the special event.
No fee is required for the issuance of a special event permit. However, all applications shall contain a list of special user fees to which additional charges may be pertinent to the applicant. Such fees shall be payable in full upon issuance of the special event license.
[Amended 9-16-2002 by L.L. No. 8-2002]
The Village Board shall decide, based upon the information set forth in the application and the criteria set forth in § 135-11A through E whether an application is complete and whether or not it will be approved. If necessary, the applicant may be required to provide additional, relevant information or documentation.
[Amended 9-16-2002 by L.L. No. 8-2002]
All complete applications must be approved or disapproved by the Village Board within 30 days of filing same with the Village Clerk.
An applicant whose application to the Board has been denied may, within 30 days of such denial, file an appeal pursuant to Article 78 of the Civil Practice Law and Rules.
If two or more applications are received by the Village for special events for overlapping periods of time, and if such applications are for either the same or very similar themed events, or for conflicting special events, the Village Board may only grant one such application, taking into consideration the following:
The size of the event, including but not limited to the anticipated number of vehicles and persons expected to attend such special event.
The ability of the Village to provide adequate infrastructure and other support services, including but not limited to parking (both public and private), water and sewer facilities and police protection (via the Warren County Sheriff's Department.)
The documented experience, skill and financial ability of the applicant to carry out the special event.
What events or activities, if any, are taking place within the Town of Lake George, which is contiguous to and surrounds the Village of Lake George.
The anticipated impact upon the general health, welfare and safety of the residents and property owners of the Village.
The compatibility of the special events.
Applications for a transient vendor permit may be obtained from the Village Clerk after a special event permit has been issued.
Applications for a transient vendor permit will require applicants to provide satisfactory information, including but not limited to the applicant's name, address and telephone number, sales tax number, the name, date and location of the special event and the goods or services to be sold by the transient vendor.
All applications for a transient vendor permit must be signed by the applicant, the holder of the special event permit and the owner or legal representative of the real property on which the special event (central or satellite location) will be held.
Applications must be filed with the Village Clerk not less than 30 days prior to the start of the special event.
All applications for transient vendor permits must be accompanied by a nonrefundable fee of $50, to be remitted by the special event licensee.
[Amended 1-10-2005 by L.L. No. 1-2005]
The Village Board shall decide, based upon the information set forth in the application, whether an application is complete and whether or not it will be approved. The Mayor, if necessary, may require the applicant to provide additional, relevant information or documentation.
All complete applications must be approved or disapproved by the Village Board within 30 days of the filing with the Village Clerk.
An applicant whose application to the Village Board has been denied may, within 30 days of such denial, file an appeal pursuant to Article 78 of the Civil Practice Law and Rules.
No special event will be held in the Village of Lake George without first obtaining a special event permit.
If a special event permit has been duly issued, a business license is not required to be held by the holder of a special event permit.
No transient vendor may operate in the Village of Lake George without obtaining a transient vendor permit.
If a transient vendor permit has been duly issued, a transient vendor is not required to obtain a business license.
Nonprofit organizations, duly licensed by the State of New York, whose principal address is within the Town of Lake George shall be exempt from the above provisions by majority vote of the Village Board.
Any holder of a special event permit or any transient vendor in violation of this article shall be subject to a fine of $500 per day.
Any owner of real property who knowingly permits a transient vendor to sell goods or services from the owner's real property without a valid transient vendor permit shall be subject to a fine of $500 per day. An owner of real property shall be presumed to knowingly permit a transient vendor to sell goods or services from the owner's real property if the owner of such real property is not in possession of a copy of the transient vendor's permit.
[Added 8-15-2016 by L.L. No. 6-2016]
This article shall take effect upon filing in the office of the Secretary of State of New York State.