[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Grove 12-3-2015 by L.L.
No. 6-2015. Amendments noted where applicable.]
The purpose and intent of this chapter is to prohibit hookah and vapor bars and establishments in the Village of Lake Grove and the sale of hookah and vapor equipment and materials in the Village and to amend Chapter 175 to prohibit hookah and vapor bars and establishments as uses in every zoning district of the Village.
The Board of Trustees of the Village of Lake Grove after a review
of impact to environment, traffic, quality of life, services, and
other aspects of life in the Village after due deliberation hereby
finds that hookah and vapor bars and establishments have a negative
impact on the environment, traffic, quality of life, services, and
other aspects of life in the Village and that it is in the best interests
of the residents and property owners and to the orderly development
of the Village of Lake Grove that hookah and vapor bars and establishments
and the sale of hookah and vapor equipment and materials be prohibited
in the Village and that hookah and vapor bars and establishments be
prohibited uses in every zoning district in the Village.
A.
A first violation of this chapter by any individual or entity shall
be punishable by a fine not to exceed $2,500; a second violation of
this chapter by any individual or entity shall be punishable by a
fine not to exceed $3,500; a third violation of this chapter by any
individual or entity and every violation thereafter shall be punishable
by a fine not to exceed $5,000.
B.
Each and every day that a violation of this chapter by any individual
or entity exists shall constitute a separate and new violation of
this chapter.
C.
The owner, the tenant, or other operator, user or occupant of the
premises under a transaction or use that is prohibited by this chapter
or in the case of a violation of this chapter shall each and all be
in violation of this chapter and subject individually to the fines
and penalties hereunder.
D.
The election by the Village to issue a violation or to prosecute
a violation of this chapter in Village Court shall not be exclusive
and shall not preclude the Village from pursuing a civil remedy in
a particular case.
E.
The Village of Lake Grove may, at the election of the Board of Trustees,
commence a civil proceeding, including but not limited to an application
for injunctive or other relief to enjoin, stop or prevent a violation
of this chapter. In the event that the Village should elect or should
be required to commence a civil proceeding against an owner, tenant,
sublessor, sublessee, assignor, assignee, or occupant or user of a
premises, or premises under this chapter, such election shall not
be an exclusive remedy, and the Village may continue to pursue other
enforcement actions and remedies, and the owner and tenant as defendants
or other defendants shall be liable to the Village of Lake Grove for
all legal and other costs incurred, which shall be recoverable by
the Village as a money judgment in that proceeding or in another proceeding
commenced by the Village for that purpose.
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall remain in effect,
it being the legislative intent that this chapter shall stand, notwithstanding
the invalidity of any part.
