Village of Thomaston, NY Chapter 153 Restaurants

[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston 7-14-1980 by L.L. No. 19-1980 as Ch. 109 of the 1980 Code. Amendments noted where applicable.]

§ 153-1 License and county approval required.

[Amended 9-28-1993 by L.L. No. 24-1993]

A. For the purposes of this chapter, the term "restaurant" shall have the meaning defined for said term in Chapter 203, Zoning, of this Code.

B. No person, firm or entity shall operate a restaurant in the village without an annual license therefor, issued by the Mayor as provided in this chapter, upon application as provided herein, including payment of such fee as may be determined by resolution of the Board of Trustees.

C. No application for an annual restaurant license shall be considered by the Mayor unless there is presented therewith a certification of approval from the Nassau County Department of Health.

§ 153-2 Required information.

Every applicant for a license shall file with the Village Clerk a statement signed and sworn to if an individual, by all partners if a partnership and by the president or other duly authorized officer if a corporation, showing:

A. The name of the applicant.

B. The applicant's business address.

C. The applicant's residence address if the applicant is a natural person.

D. If the applicant is a natural person, whether his or her age is more or less than eighteen (18) years, and if less than eighteen (18) years, his or her precise age.

E. The precise purpose and the precise nature of the business to be conducted for which the license is sought.

F. The place and address within the village where the applicant proposes to engage in the licensed business, activity or enterprise.

G. Whether or not the applicant, if he or she is a natural person, or, in the case of a partnership, any of the partners or, in the case of a corporation, any officer or director thereof has been convicted of a crime or offense or violation of any ordinance and, if so, the nature of such crime, offense or violation, the date and court of conviction and the penalty, fine or punishment imposed therefor.

H. If the applicant is to act as an agent, detailed credentials from the principal.

I. References or letters of recommendation by at least three (3) reputable businessmen or property owners of the village, such as will establish to the satisfaction of the Mayor the good character and business responsibility of the applicant.

J. That the applicant has in force adequate workers' compensation insurance, at least one hundred thousand dollars ($100,000.) in personal liability insurance, at least one hundred thousand dollars ($100,000.) in property damage insurance and at least one hundred thousand dollars ($100,000.) in motor vehicle insurance on all motor vehicles to be used in connection with the proposed business, and such other insurance as may be required by law for the operation of such business.

[Amended 9-28-1993 by L.L. No. 24-1993]

§ 153-3 Issuance of license; investigation.

A license to conduct, maintain, operate or engage in any of the aforesaid businesses shall be issued by the Mayor to such person, firm or corporation as he or she shall deem fit and proper upon an evaluation of the qualifications of the applicant and upon compliance of the applicant with the provisions of this chapter and any other applicable ordinance. Before the issuance of any license, the Mayor shall cause an investigation to be made by the Building Inspector of the village or his or her deputy as to the physical characteristics and appurtenances of the premises where the proposed business is to be conducted. If such inspection discloses that such premises are inadequate, unsafe, improperly or inadequately equipped, screened from public view or of such nature as to be inimical to the health, safety or welfare of patrons thereof or of the public at large, the license shall not be granted. Such inspection shall be made on all license applications, including applications for renewal of license. A license shall be refused if, in the judgment of the Mayor, the business sought to be licensed shall be likely to disturb the peace and order of the village or be immoral or improper.

§ 153-4 License expiration; fee; signatures; records. [1]

Each license issued shall expire one (1) year after it shall take effect as hereinafter provided and shall be effective on the date of the payment of the fee as set forth from time to time by resolution of the Board of Trustees. Each such license shall be signed by the Mayor and countersigned by the Clerk, who shall keep a record thereof and of the amount of the fee to be paid therefor.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 153-5 Endorsement of Treasurer.

Upon presentation of such license to the Treasurer of the village, so signed and countersigned, and the payment to the Treasurer of such fee, the Treasurer shall endorse thereon his or her receipt of the fee. No such license shall take effect until the receipt of the Treasurer shall have been endorsed thereon.

§ 153-6 Refusal of license; application to Board of Trustees.

Any applicant who shall have been refused a license by the Mayor may apply for its issuance to the Board of Trustees at a meeting thereof, and the same may be granted or refused by the Board.

§ 153-7 Revocation of license.

Any license issued pursuant to the provisions of this chapter may be revoked by the Mayor after notice to and hearing of the licensee before the Mayor, for any of the following causes:

A. Fraudulent or false statement in the application for license.

B. Fraud or false statement in connection with carrying on the business, activity or enterprise for which the license was issued.

C. Any violation of any provision of this chapter, or any other law relating to the business or the premises where the same is conducted.

[Amended 9-28-1993 by L.L. No. 24-1993]

D. Conviction of the licensee of any crime or offense other than a traffic violation.

E. Carrying on the licensed business, enterprise or activity in an unlawful manner or in such a way as to breach the peace or to constitute a menace to the health, safety or general welfare of the public.

F. Any transfer or assignment of the license to any person, firm or corporation except upon written consent of the Mayor after presentation and consideration of a request for the approval of such transfer or assignment made in the same form and to the same extent as if the proposed transferee or assignee were a new applicant for such license.

§ 153-8 Renewal of license.

No renewal license shall be issued except upon application and consideration as herein provided in respect of each license issued.[1]

[1] Editor's Note: Former §§ 109-9, Hours for operation of restaurants with entertainment, and 109-10, Penalties for offenses, which immediately followed this section, were repealed 9-28-1993 by L.L. No. 24-1993.