[HISTORY: Adopted by the Orangetown Town Board: Art. I, 7-17-1978 by L.L. No. 6, 1978. Amendments noted where applicable.]
[Adopted 7-17-1978 by L.L. No. 6, 1978]
The Town Board of the Town of Orangetown, being concerned with the health, safety and welfare of the residents of the Town of Orangetown and about those persons passing through as transients or visitors or who otherwise are within the jurisdiction of the Town of Orangetown, and the Town Board of the Town of Orangetown, being concerned about the effect of retail establishments open during the late evening hours and early morning hours upon police facilities, the crime rate, public disorder, public safety, public health, physical and mental health, public welfare, environmental pollution, noise pollution, air pollution, littering, sanitation and local motor vehicle traffic, have created this local law.
The following definitions shall be applicable to this local law:
- Any store, shop, market or place of business in which goods, wares, food, beverages or merchandise of any type, nature or description are offered for sale to a purchaser.
- The sale or the offer for sale of goods, wares, food or merchandise of any description, type or nature on a direct basis to a purchaser.
It shall be unlawful for any retail establishment except those set forth in § 26A-4 hereof to operate and remain open to the public between the hours of 11:00 p.m. and 6:00 a.m.
[Amended 10-24-1994 by L.L. No. 11, 1994]
This article shall not apply to restaurants, ice cream parlors, bars and grills, bowling alleys, billiard parlors, barbershops, beauty parlors, movie theaters and playhouses, hotels and motels, gasoline stations, pharmacies and pharmacy sections of any store which dispenses prescription drugs which must be physically separated from the other areas of the store; provided, however, that this article will apply to the remainder of said store, and further provided that said pharmacy and pharmacy section is under the immediate supervision of a licensed pharmacist.
Any violation, by a person, firm, partnership, corporation or other entity, of this local law shall be deemed an offense punishable by a fine not to exceed $500 or imprisonment for a period not to exceed six months, or both.
Any person who takes part in or assists in any violation of this local law shall also be subject to the penalties provided herein.
Each day or part thereof that a violation of this local law is committed or permitted to exist shall constitute a separate offense.
Nothing contained herein shall be deemed or construed so as to prevent the enforcement of any other remedy at law, concurrent or otherwise, available to the Town Board or other law enforcement authority to avoid or prevent any violation or attempted violation of this law, such as but not limited to an injunction or restraining order.
This local law is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation thereof.
The declaration of any portion of this local law, by a court of competent jurisdiction, to be invalid shall not invalidate the entire law but only that part thereof so declared to be invalid, and the remainder of this local law shall remain in full force and effect.
Any title enumerated under this local law is for organization purposes only and shall not be deemed part of the text of this local law.
This local law shall take effect immediately upon adoption, publication and posting as required by law.