Village of New Hempstead, NY
Rockland County
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[HISTORY: Adopted by the Board of Trustees of the Village of New Hempstead 10-24-2017 by L.L. No. 5-2017. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 110.
Peddling and soliciting — See Ch. 203.
Zoning — See Ch. 290.
The Village Board of Trustees, well aware that all uses in the Village of New Hempstead ("Village") were residential or of a character consistent with residential uses such as office spaces, schools and places of worship, understands that the placement of more intense commercial/retail uses in close proximity to the existing residential uses requires closer scrutiny.
The Village Board of Trustees, concerned with the health, safety and welfare of the residents of the Village, and about those persons passing through as transients or visitors or who are otherwise within the jurisdiction of the Village, and the Board of Trustees, being concerned about the effects of commercial uses open during late evening hours and early morning hours upon the police facilities, crime rate, public disorder, public safety, public health, physical and mental health, public welfare, environment and miscellaneous pollution, noise pollution, air pollution, littering, loitering, sanitation and local vehicle traffic, have created this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
Any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation or charitable activity.
Any establishment, including but not limited to a store, shop, market, station or place of business, in which goods, wares, food, beverages, liquids or merchandise of any type, nature or description is offered for sale, distributed or made available to a purchaser, recipient or third party.
Hours of operation.
It shall be unlawful for any retail establishment, other than those set forth in § 219-4 hereof, to operate and remain open to the public except between the following hours on the following days ("operation hours"):
Monday through Friday: 6:00 a.m. to 11:00 p.m.
Saturday and Sunday: 6:30 a.m. to 10:00 p.m.
However, a special permit may be issued by the Board of Trustees for the conduct outside of the operation hours on such terms and conditions as may be approved by the Board of Trustees.
It shall be unlawful for any retail establishment, except between the operation hours, to sell, distribute or make available:
Beverages drawn from an on-premises fountain or similar device or beverages brewed on-premises;
Food prepared, cooked, or reheated on-premises;
Alcohol products or beverages; and
Tobacco, cigarettes (electronic or traditional), cigars, and other tobacco products.
Section 219-3A shall not apply to retail establishments that are drugstores and/or pharmacies, provided that said drugstores/pharmacies are under the immediate supervision of a licensed pharmacist then on site during such operation outside the operation hours.
Any violation, by a person, firm, partnership, corporation or other entity, of this chapter shall be deemed an offense punishable by a fine not to exceed $1,000 per day 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 chapter shall also be subject to the penalties provided herein.
Each day or part thereof that a violation of this chapter 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 chapter, such as but not limited to an injunction or restraining order.
This chapter is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation hereof.