[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:
A.
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.
[Amended 7-15-1963]
B.
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.
C.
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]
D.
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]
E.
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.
F.
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.
[Added 4-30-1962]
G.
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]
H.
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]
A.
Fees.
[Amended 7-20-1992 by L.L. No. 7-1992; 2-14-2005 by L.L. No.
4-2005]
(1)
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; 12-19-2022 by L.L. No. 2-2023]
|
Category
|
Fee
|
|---|---|
|
Food service: full-service restaurant with seating
|
$100
|
|
Food service: window service
|
$250
|
|
Food service: window service, seating capacity
10 plus
|
$175
|
|
Food service: inside, seating less than 10,
not full service
|
$175
|
|
Sidewalk cafe
|
$125
|
|
Bar
|
$100
|
|
Entertainment
|
$50
|
|
Retail store
|
$100
|
|
Amusement centers, golf courses, arcades (10
or more)
|
$125
|
|
Recreation uses, outdoor
|
$125
|
|
Amusements, outdoor (using public lands or waters)
|
$150
|
|
Accommodations
|
$125
|
|
Boardinghouse 1
|
$100
|
|
Boardinghouse 2
|
$125
|
|
Short-term residential rental
|
$150
|
|
Miscellaneous and other
|
$75
|
|
Contractors
|
$100
|
|
Vending machine within 20 feet of public right-of-way
|
$100
|
|
Entertainment center
|
$125
|
|
Parking lot, commercial
|
$75
|
(2)
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]
B.
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.[1]
[1]
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.
[Added 4-30-1962]
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]
A.
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.
B.
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:
The main location for the holding of the special event and
shall be so designated on the application for the special event permit.
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.
Locations for the holding of the special event, other than
the central location.
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.
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.
A.
Applications for a special event permit may be obtained
from the Village Clerk.
[Amended 9-16-2002 by L.L. No. 8-2002]
B.
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.
C.
All applications must be signed by both the applicant
and the owner of the real property on which the special event will
be held.
D.
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.
E.
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]
F.
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]
G.
All complete applications must be approved or disapproved
by the Village Board within 30 days of filing same with the Village
Clerk.
H.
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:
A.
The size of the event, including but not limited to
the anticipated number of vehicles and persons expected to attend
such special event.
B.
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.)
C.
The documented experience, skill and financial ability
of the applicant to carry out the special event.
D.
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.
E.
The anticipated impact upon the general health, welfare
and safety of the residents and property owners of the Village.
F.
The compatibility of the special events.
A.
Applications for a transient vendor permit may be
obtained from the Village Clerk after a special event permit has been
issued.
B.
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.
C.
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.
D.
Applications must be filed with the Village Clerk
not less than 30 days prior to the start of the special event.
E.
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]
F.
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.
G.
All complete applications must be approved or disapproved
by the Village Board within 30 days of the filing with the Village
Clerk.
H.
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.
A.
No special event will be held in the Village of Lake
George without first obtaining a special event permit.
B.
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.
C.
No transient vendor may operate in the Village of
Lake George without obtaining a transient vendor permit.
D.
If a transient vendor permit has been duly issued,
a transient vendor is not required to obtain a business license.
E.
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.
A.
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.
B.
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.
