Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
Chapter 167: Retail Businesses
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza Art. I, 3-3-1993 as L.L. No. 2-1993; Art. II, 11-1-1995 as L.L. No. 6-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 225.
[Adopted 3-3-1993 as L.L. No. 2-1993]

§ 167-1 Intent.

The Board of Trustees hereby determines that it will further the public health, safety and welfare of the village to require the registration of all new retail businesses within the village's B Zoning District in order to ensure, inter alia, that necessary information is available in cases of emergency and that all such new retail businesses are aware and will comply with the village's regulations in various areas affecting the village's residents.

§ 167-2 Definitions.

The following terms, when used in this chapter, shall mean the following:
NEW RETAIL BUSINESS
Any business which provides goods or services to the public, for sale, rent or otherwise, both profit and nonprofit, and which commences operation in the village after the effective date of this chapter. However, this term shall not include any residential, professional or office use.
PERSON
An individual, partnership, unincorporated association, corporation or other entity.
REGISTRANT
The person that owns and operates a new retail business under this chapter within the village's B Zoning District and that is registering it under this chapter.
VILLAGE
The Village of Great Neck Plaza.

§ 167-3 Registration.

A. 
It shall be unlawful for any person to operate a new retail business within the village's B Zoning District without first having made a registration in accordance with this chapter.
B. 
All registrations for a new retail business shall be made with the village's Department of Public Works.
C. 
In connection with any registration of a new retail business, a registrant shall complete and file a registration form, which shall be verified under oath and which shall contain the following information, as well as any other information specified by the Department of Public Works:
(1) 
The registrant's name and address.
(2) 
If the registrant is a partnership, the name and address of all partners.
(3) 
If the registrant is a corporation, the name and address of all person's having more than a ten-percent ownership interest and the name and address of all officers and directors.
(4) 
The nature of the new retail business.
(5) 
The address where the new retail business will be conducted;
(6) 
The name and address of the landlord of said premises.
(7) 
Whether the registrant has a written lease and, if so, the term of said lease.
(8) 
The name, address and telephone number of a representative of the registrant who can be reached at all times during business hours and non-business hours.
(9) 
The name, address and telephone number of a representative of the landlord who can be reached at all times during business hours and non-business hours.
(10) 
With respect to all fire insurance policies covering the premises at which the new retail business shall be conducted, the name of the insurance company, the policy number and the amount of coverage.
(11) 
With respect to all liability insurance policies covering the premises at which the new retail business shall be conducted, the name of the insurance company, the policy number and the amount of coverage.
(12) 
Whether the operation of the new retail business will differ in any way from the immediate prior use of the premises and, if so, how.
(13) 
Whether the registrant intends to change any of the signage on the premises.
(14) 
A list of all misdemeanors or felonies of which the registrant or any person described in Subsection C(2) or (3) has been convicted, stating the name and location of the court where the convictions were entered and the date thereof and the penalties imposed thereof.
(15) 
A list of any pending administrative proceeding before a consumer protection agency or comparable agency which involves the registrant or any person described in Subsection C(2) or (3) and a list of any such completed administrative proceeding which resulted in a fine or other penalty, together with the name of the administrative agency, the nature of the penalty imposed and the date.
D. 
No registration under this chapter shall be effective or complete until the registrant shall first have attended a registration conference with a representative of the Mayor and with the Commissioner of Public Services at which the registrant shall be informed of the village's local laws and requirements governing zoning, signage, parking, street maintenance and garbage pickup.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Article I.

§ 167-4 Time of registration.

A. 
Each owner of property in the village's B Zoning District which contains premises at which a new retail business shall be operated shall notify each new retail business which shall operate on its property of the need to register under this chapter. Such notification shall be made by the landlord by certified mail, return receipt requested, within 10 days after the landlord enters into a written lease with respect to the new retail business.
B. 
Registration under this chapter shall be made prior to the commencement of operation of new retail business in the village's B Zoning District. In the event that a new retail business can demonstrate that it was not informed by its landlord of the requirements of this chapter prior to the commencement of operation, it shall register within 10 days of the notification of such requirement by the village.

§ 167-5 Fees.

The fee for registration under this chapter shall be $25.

§ 167-6 Penalties for offenses. [1]

Any offense against any provision of this chapter shall be a violation of this chapter, which shall be punishable by a fine of not more than $250 or by a period of imprisonment not exceeding 15 days, or both such fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 11-1-1995 as L.L. No. 6-1995]

§ 167-7 Intent.

The Board of Trustees of the Village of Great Neck Plaza hereby finds that it will serve the health, welfare and safety of the village and its residents to regulate deliveries by vehicle to and from high-volume retail stores where such stores and/or their loading and service bays are contiguous with streets adjoining residential buildings.

§ 167-8 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
RESIDENTIAL BUILDING
One- and two-family homes and all multiple dwellings used for living purposes which contain three or more units.
RETAIL STORE
Any building or a portion of a building devoted to a single use occupancy used and/or rented for retail sales, services and other similar activities, including restaurants, bars and food service businesses.
HIGH-VOLUME USE
The use of any retail store which requires servicing by five or more delivery vehicles on a daily basis.
DELIVERY VEHICLE
Any commercial vehicle delivering or picking up goods from a retail store.

§ 167-9 Restrictions.

All high-volume retail stores with a total floor area in excess of 30,000 square feet where such stores and/or their loading and service bays are contiguous with streets adjoining residential buildings are required to regulate the deliveries and pickups by delivery vehicles to assure that such streets are not used for the parking, standing or unloading of delivery vehicles while said vehicles are delivering or waiting to deliver to, or picking up or waiting to puck up from, such retail stores. The following criteria shall apply for all retail stores in this category:
A. 
Sufficient space shall be provided in an off-street loading bay area to accommodate the loading and unloading of all delivery vehicles serving the premises. Included in this space shall be sufficient stacking space to allow all delivery vehicles waiting to load or unload to be accommodated within such off-street loading bay area.
B. 
If sufficient stacking space cannot be provided within the loading bay area, then sufficient off-street stacking space shall be provided elsewhere on the property where the retail store is located to accommodate all delivery vehicles waiting to deliver to or pick up from the retail store. If it is required that delivery vehicles must traverse public streets adjoining residential buildings in order to travel from such stacking space to the loading bay, then the owner, tenant or lessee shall provide uniformed personnel to monitor and regulate the traffic of delivery vehicles between the stacking area and the loading bays so as to assure that trucks and delivery vehicles not park, stand or congregate on the public street while awaiting their turn to load or unload at the loading bay. Uniformed personnel shall be stationed at the stacking area and at the loading bay and shall be equipped with two-way radios to maintain communication so that delivered vehicles, trucks and vans can be individually directed from the stacking area to the loading bays as they become available.