[Added 7-23-2012 by L.L. No. 8-2012]
Businesses are prohibited from using bracelets, stamps or any
other device to permit or deny patrons to access the services provided
by the businesses, where a legal age requirement is required for such
service.
[1]
Editor's Note: Former § 86-14, Memorial Day business
operations, was repealed 3-20-2012 by L.L. No. 4-2012.
A.
License required. No person shall offer for sale or
sell goods, wares or merchandise at public auction or engage in or
conduct the business of an auctioneer without first obtaining a license
therefor.
B.
Applicability of section. Nothing herein contained
shall apply to any sale held pursuant to the order of a duly constituted
court of law.
No person shall conduct, operate or maintain
any barbershop or beauty parlor without first obtaining a license
therefor.
[Amended 5-5-1998 by L.L. No. 3-1998]
No pool table or billiard table, whether coin-operated
or otherwise, shall be permitted in any place open to the public.
Any bowling alley in a place open to the public
shall be included within the provisions of this chapter, and every
keeper of a public place where there is any bowling alley shall maintain
good order.
A.
License required. No person shall deal in the sale
of Christmas trees without first obtaining a license therefor.
B.
Deposit required. In addition to payment of the license
fee, the applicant shall pay a deposit of $50 conditioned to assure
that the premises used for the Christmas tree business will be cleaned
upon completion of business. When the premises have been cleaned to
the satisfaction of either the Building Inspector or Fire Inspector,
said deposit will be returned. In the event said premises are not
cleaned within five days after Christmas, the Village will cause the
cleaning to be done and the expense incurred will be deducted from
the amount deposited. The balance, if any, will be returned to the
licensee upon request.
C.
Scope of section. This section shall not apply to
any person who maintains during the balance of the year a regularly
established place of business and sells Christmas trees incidental
to such regular business.
A.
License required. No person shall exhibit or permit
to be exhibited to the public anywhere in any building, garden or
grounds, concert rooms or other place or room within the Village any
dramatic performance, show, opera, ballet, play, circus, carnival,
dance or any other similar entertainment of like character without
first obtaining a license therefor.
B.
Exemption. The provisions and requirements of this
chapter shall not apply to exhibitions given by schools or bona fide
educational, charitable or religious organizations. However, the Board
of Trustees may assess a fee for costs incurred by the Village in
relation to the exhibition.
[Amended 6-23-2010 by L.L. No. 17-2010]
C.
Restrictions. Such licenses shall, in the discretion
of the Board of Trustees, contain provisions and conditions which,
in its judgment, may be essential for the welfare and benefit of the
Village, including provisions and conditions regulating the tickets
or other tokens entitling their holders to admission to such places
and respecting the hours of opening and closing thereof and such other
sanitary and fire regulations as shall be deemed necessary for the
protection of the health and welfare of the community.
No person shall conduct, operate or maintain
any gasoline filling station or gasoline service station in the Village
without first obtaining a license therefor.
No person shall use or perform on any musical
instrument in any street or public place without first obtaining a
license therefor.
[Amended 7-5-2017 by L.L.
No. 5-2017]
All laundromats, launderettes, dry-cleaning
establishments, whether automatic or coin-operated, shall have an
adult attendant, manager or supervisor on the premises at all times.
There shall be posted conspicuously on the premises the name, address
and telephone number of the owner of such business.
[Amended 11-1-1983 by L.L. No. 13-1983]
A.
Legislative intent. The Board of Trustees of the Village
of Hempstead hereby finds that the unrestricted establishment of commercial
game rooms and arcades, the unrestricted proliferation of amusement
devices as incidental uses to permitted business and the existence
of pool tables and billiard tables in places open to the public in
particular post a substantial hazard to the peace, comfort, health,
safety and general welfare of the Village of Hempstead residents.
Therefore, as an exercise of its police power, to protect the economic
and social welfare and to preserve the peace, comfort, health, safety
and good order of the Village of Hempstead, the Board of Trustees
has adopted this section regulating amusement devices.
[Amended 5-5-1998 by L.L. No. 3-1998]
B.
AMUSEMENT DEVICE
PERSON
PROPRIETOR
PUBLIC PREMISES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any coin-operated machine, apparatus or contrivance which
is used or which may be used as a game of skill or amusement wherein
or whereby the player initiates, employs or directs any force or action
to, or generated by, the machines, including but not limited to casino-type
games, computerized games, electronic bowling, electronic shuffleboard,
pinball machines, shooting galleries, and skill boards. Amusement
devices, for the purpose of this section, shall not include bowling
alleys and duckpin bowling alleys.
[Amended 5-5-1998 by L.L. No. 3-1998]
Includes natural persons and any and all partnerships, joint
ventures, societies, associations or corporations.
Any person who, as the owner, lessee, occupant or bailee,
has under his control a public premises in or at which an amusement
device is placed or kept for operation, maintenance, play or exhibition.
Any public or quasi-public place, building, store or other
establishment where the public may enter.
C.
Prohibited use.
[Amended 9-1-1992 by L.L. No. 12-1992]
(1)
No pool table or billiard table, whether coin-operated
or otherwise, shall be permitted anywhere in the Village of Hempstead
in any premises open to the public. Except as may be otherwise authorized
by the Village Board of Zoning Appeals, no public premises in the
Village of Hempstead shall be used for the operation, maintenance
or exhibition of any other amusement device unless such amusement
device is an accessory use customarily incidental to a business use
permitted on such public premises.
[Amended 5-5-1998 by L.L. No. 3-1998]
(2)
Except as may be otherwise authorized by the Village
Board of Zoning Appeals, there shall he no more than two amusement
devices on any public premises.
(3)
No amusement device shall be located outside of a
building or on a public premises located within any residence district
of the Village of Hempstead, except within a legal nonconforming nonresidential
building.
(4)
No amusement device may be located on any premises
if such premises is located within 500 feet of the property line of
any lot or parcel upon which a public or private school is located.
D.
Annual license required. No person shall be a proprietor
of an amusement device within the Village of Hempstead without first
having obtained a separate annual license, pursuant to this section,
for each such amusement device.
E.
Application for an annual license. An application
for an annual license pursuant to this section shall be made in writing
on forms provided by the Village Clerk and shall be filed in the office
of the Village Clerk.
(1)
Such application shall provide:
(a)
The name and address of the proprietor. If the
proprietor is other than one or more natural person(s), the names
and addresses of the natural persons who are the officers.
(b)
The name and address of the owner of the amusement
device. If the owner is other than one or more natural person(s),
the names and addresses of the natural persons who are the officers
thereof.
(c)
The names and addresses of every other person
who has a financial interest in the amusement devices. If any of such
persons is other than one or more natural person(s), the names and
addresses of the natural persons who are the officers thereof.
(d)
The name, type, model, manufacturer and serial
number of the amusement device.
(e)
The public premises by street address, store
number, if any, and section, block and lot on the Nassau County Land
and Tax Map, where the amusement device will be kept and maintained.
(f)
The number of devices, including the one sought
to be licensed, at the proposed public premises.
(g)
Such other information as the Village Board
may, from time to time, deem necessary and appropriate by resolution
or local law.
(2)
Each application shall be accompanied by an annual
license fee of $100 for each machine licensed hereunder.
(3)
All annual licenses shall expire on the 31st day of
December of the year in which they were issued.
(4)
No annual license shall be granted for an amusement
device to be located on the premises for which two annual licenses
have already been issued.
(5)
No annual license shall be issued except where such
amusement device shall be an accessory use to a lawful business, located
in a district zoned for such business, and for such business a certificate
of occupancy has been issued by the Village.
F.
Identification of owner. All amusement devices shall
clearly identify the owner of said device to the public, with his
name and address.
G.
Posting. All annual licenses shall be conspicuously
posted on public premises.
H.
Prizes and cash awards. No prizes in excess of $1
in value or cash awards shall be given to any person based upon that
person's or one or more persons' operation of an amusement device
or the results shown upon an amusement device.
I.
Suspension or revocation of license and application
for review. Any applicant whose license issued under the provisions
of this section has been suspended or revoked by the Village Clerk
for violating the provisions of this section, for making a false statement
on the application for a license or for use and operation of the device
constituting a breach of peace or a menace to the health, safety or
general welfare of the public may, in addition to whatever other legal
recourse is available, apply to the Village Board of Trustees for
a review of the action of the Village Clerk as herein provided:
[Amended 9-1-1992 by L.L. No. 12-1992]
(1)
The application to review the Village Clerk's determination
shall be in writing, signed and verified by the applicant, and shall
state his reasons for claiming that the Village Clerk's determination
was erroneous.
(2)
The application for such review must be filed with
the Village Clerk within 20 days of the receipt by the applicant,
either by mail or in person, of the denial by the Village Clerk.
(3)
Upon the filing of such application to review, the
Village Board of Trustees shall hold a hearing thereon within 45 days
from the filing of the application referred to above pursuant to the
provisions hereinafter set forth.
J.
Hearing.
[Amended 9-1-1992 by L.L. No. 12-1992]
(1)
Whenever it shall be provided herein that a hearing may be held by the Village Board of Trustees, such hearing shall be held on a date and at a place and hour designated by the Village Clerk, but in no event shall this date exceed 45 days from the date of the filing of the application referred to in Subsection I(3).
(2)
The Village Clerk shall give notice thereof, stating
the name and address of the applicant or license holder concerned,
the subject matter of the hearing, and the date, place and hour designated
therefor, by mailing a copy thereof to the applicant or license holder
concerned at the address shown upon the most recent application of
such applicant or licensee at least 10 days before such hearing.
(3)
At such hearing the Village Board of Trustees shall
consider the application before the Village Clerk in relation to his
determination and, in its discretion, may receive new or additional
evidence in support of or in opposition to the determination under
review.
(4)
The applicant or license holder involved shall be
entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence on his own behalf as may
be relevant to the subject matter of the hearing.
(5)
All witnesses shall be sworn and examined under oath.
K.
Decision of the Board of Trustees. The Village Board
of Trustees after such hearing shall issue a written decision and,
in addition to any other penalty provided herein, shall either affirm
the actions of the Village Clerk in suspending or revolving such license
or shall reverse the decision of the Village Clerk and reinstate such
license.
[Amended 9-1-1992 by L.L. No. 12-1992]
L.
Violations. Every day that an unlicensed amusement
device is maintained upon any premises without an appropriate license
shall be deemed a separate and distinct offense.
[Amended 9-1-1992 by L.L. No. 12-1992]
M.
Severability. If any clause, sentence, section or
other part of this section is declared to be invalid, such invalidity
shall not affect the remainder of this section.
A.
License required. No person shall conduct a pawnbroker
or similar business without first obtaining a license therefor.
B.
Every person so licensed shall, prior to receiving
such license, file with the Village Clerk a surety bond executed by
the licensee and issued by a surety company in form acceptable to
the Village, in the penal sum of $10,000, which bond shall be conditioned
for the faithful performance of the duties and obligations pertaining
to the business so licensed. Such bond shall provide that action thereon
may be brought by any person to whom a judgment has been awarded due
to loss caused by such licensee's fault or default.
C.
Compliance by licensee with requirements of law. Any
person licensed as a pawnbroker pursuant to this chapter shall keep
such records and shall conduct his business in the manner and upon
the conditions and in compliance with the requirements of the General
Business Law of the State of New York and other applicable New York
State statutes.
[Added 8-4-1981 by L.L. No. 26-1981]
No licensee operating, conducting, running or
permitting to be run an establishment where alcoholic beverages, wine
or beer are sold, served or consumed shall suffer or permit any person
to appear on licensed premises in such manner or attire as to expose
to view any portion of the pubic area, anus, vulva, or genitals or
any simulation thereof, nor suffer or permit any female to appear
on licensed premises in such manner or attire as to expose to view
any portion of the breast below the top of the areola or any simulation
thereof.
A.
Regulations. Shooting galleries in the Village are
hereby prohibited, except that the Board of Trustees, in its discretion,
may permit the establishment and operation of properly located and
maintained rifle ranges, which shall be operated in accordance with
such regulations as the Board of Trustees shall deem necessary for
the operation and maintenance thereof.
B.
Duty of keeper. Every keeper of such a rifle range
shall maintain good order and shall allow no person actually or apparently
under 16 years of age to shoot therein, and such premises shall be
maintained in such a manner as not to constitute a nuisance.
[Added 11-6-2002 by L.L. No. 6-2002]
A.
COMMERCIAL LANDSCAPER
VEHICLE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A person or entity whose business involves the placing, planting,
arranging, trimming, cutting and removing of trees and the maintenance
of lawns, trees, bushes, shrubs, gardens and related appurtenances
on land or property for the purpose of improving the same.
Every device in, upon or by which a person or property is
or may be transported upon a public or private road, street, highway
or thoroughfare.
B.
License required. Except as provided herein, all persons,
companies or corporations (collectively referred to as "landscaper")
who perform any landscaping functions in the Village of Hempstead
shall be licensed in accordance with this chapter. Landscaping functions
may be performed without a license by the owner or occupant of the
property on which the work is performed. This section shall not apply
to minors working in compliance with U.S. federal and/or New York
State labor laws.
C.
Activities regulated. For the purpose of this chapter,
the landscaping functions shall include but are not limited to the
cultivation, seeding, planting, cutting, trimming, pruning, maintenance
of grass, shrubs, plants, trees or other foliage. Landscaping functions
shall not include the application of pesticides, insecticides, fungicides
or rodenticides.
D.
Work done without license prohibited; responsibility
for license. No landscaper shall perform any landscaping functions
within the Village of Hempstead without first obtaining a license
to do so from the Village Clerk. All landscaping work by an unlicensed
landscaper is prohibited. No property owner or occupant shall permit
any unlicensed landscaper to perform any landscaping function on his
or her property. Licenses shall be obtained by the proprietor of the
landscape business or by a corporate officer.
E.
Application procedure. Any landscaper desiring a license
by this chapter shall make application on forms prescribed by the
Village Clerk of the Incorporated Village of Hempstead or his or her
designee.
F.
Fees. Each applicant for a license shall pay a fee of $100 as a nonrefundable filing fee, which includes the issuance of a license and one Village decal with the application. The fee of $100 shall be paid by the applicant to the Village Clerk or his or her designee along with the license application upon issuance of the license. There will be a fee of $25 for issuance of each additional Village decal in compliance with Subsection G below.
G.
Expiration of license; renewal. All licenses issued
pursuant to this chapter shall expire on the date set forth on the
license. Licenses may be renewed upon payment of an annual fee of
$50 if renewed 30 days before the expiration date. If the licensee
fails to make proper timely application for renewal, he or she shall
be required to reapply and pay the additional license fee as set forth
in the preceding section in the amount of $100 as a nonrefundable
filing fee with the application and $50 paid upon the issuance of
the license.
[Amended 11-17-2015 by L.L. No. 6-2015]
H.
Posting of the Village decal. Each applicant shall
fix to and display on the left front bumper of each vehicle and on
the left rear bumper of any trailer regularly used in the course of
its business an identification decal issued by the Village upon the
issuance of the landscaping license.
I.
Regulations. The following rules and regulations shall
apply:
(1)
No landscaper shall perform landscaping work on Sunday.
(2)
Landscaping work may be performed by landscapers only
during the hours of 8:00 a.m. through 7:30 p.m., Mondays through Fridays,
9:00 a.m. through 7:00 p.m. on Saturdays.
(3)
No licensee shall scatter nor, in using any mechanical
or electrical blower, cause to be scattered, any garbage, refuse or
cuttings, leaves or other waste materials on any public highway, road,
street or public or private property without removing and/or cleaning
the same immediately; nor shall any of such material be allowed to
enter any storm drains, canals, rivers or other waterways.
(4)
No one shall spill or dump oil, gasoline or other
petroleum products on the public highway or right-of-way or on the
ground. No equipment shall be filled or refilled except over a drop
cloth or other device designed to catch and retain any accidental
spillage.
J.
Violations and penalties. Any person or persons who
shall violate or fail to comply with any of the provisions of this
chapter, upon conviction thereof, shall be punished by a fine and/or
the revocation of the permit to further operate within the Village
of Hempstead.
[Amended 6-16-2015 by L.L. No. 2-2015]
