[HISTORY: Adopted by the Council of the City of Mount Vernon as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-23-2003, approved 12-24-2003]
The City Council of the City of Mount Vernon, being concerned with the health, safety and welfare of the residents of the City of Mount Vernon, being concerned about the effect of certain 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 article.
The following definitions shall be applicable to this article:
- COMMERCIAL ESTABLISHMENT
- Any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation or commercial or charitable activity.
- RETAIL ESTABLISHMENT
- Any store, shop, market, station or place of business in which goods, wares, food, beverages, liquids or merchandise of any type, nature or description are offered for sale on a direct basis to a purchaser.
It shall be unlawful for any retail establishment, other than those set forth in § 210-4 hereof, to operate and remain open to the public except between the following hours on the following days:
[Amended 5-10-2006, approved 5-11-2006; 6-14-2006, approved 6-15-2006; 2-24-2010, approved 3-22-2010]
This article shall not apply to:
Restaurants, bars and grills, movie theaters, gasoline service stations; provided, however, that gasoline stations may only sell gasoline and automotive products during the excepted time period.
Retail establishments having in excess of 25,000 square feet of interior retail space.
Retail establishments which include a licensed pharmacy from which prescription medications are prepared and dispensed by a licensed pharmacist, provided that the pharmacy remains in operation during the excepted time period.
This article is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation hereof.
The penalty for a violation of this article shall be a fine of $1,000 for each offense or imprisonment for not more than 15 days, or both. Each day such violation continues shall constitute a separate offense.
This article shall take effect immediately.