[HISTORY: Adopted by the Board of Trustees of the Village of Garden
City: Art. I, 10-5-1967 as Ord. No. 6.1
of the Revised Unified Code of Ordinances, amended in its entirety 7-14-1977
by L.L. No. 1-1977; Art. II, 7-14-1977
as Ord. No. 6.9 of the Revised Unified Code of Ordinances.
Section 75-12 amended during codification; see Ch. 1, General Provisions,
Art. III. Other amendments noted where applicable.]
[Adopted 10-5-1967 as Ord. No. 6.1
of the Revised Unified Code of Ordinances; amended in its entirety 7-14-1977
by L.L. No. 1-1977]
For the purpose of this Article, certain words are defined as follows:
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
Only a natural person or persons, whether a resident of the Village
of Garden City or not.
It shall be unlawful for any person or company who shall hereafter desire
to pursue any of the trades, businesses or occupations within the Village
of Garden City for which a license shall be required by the provisions of
this Article, or any person or company who shall hereafter desire to continue
any such trade, business or occupation within the Village of Garden City,
to commence or begin or attempt to commence or begin any such trade, business
or occupation, or continue or attempt to continue any such trade, business
or occupation, without first obtaining a license as hereinafter provided.
The following trades, businesses and occupations must be duly licensed:
public cartmen, truckmen, expressmen, junk dealers, auctioneers, common shows,
theaters, circuses, moving-picture shows, shooting galleries, bowling alleys,
billiard or pool parlors and similar places of amusement. The word "public"
as used herein shall mean any person or company, as defined herein, carrying
on any of the above businesses for rent or for hire, whether in connection
with a hotel or otherwise.
No theater, circus, moving-picture show or other similar place of amusement,
if conducted within a building or buildings, tent or other like enclosure,
shall be licensed unless the building or buildings or other enclosure wherein
such performances are given shall conform to the following rules:
A.
Such building or buildings or other enclosure shall be
so constructed as to properly and adequately provide for the safety of the
public by having provided therein suitable and safe means of ingress and egress
in case of panic or fire, and in no event shall the said building or enclosure
be deemed to be properly equipped with means of ingress or egress unless the
same shall have at least one exit for every 75 persons in the audience, all
of which exits shall be equipped with doors opening outward, which doors shall
not be fastened shut during any performance. All such exits shall be at least
five feet in width and shall open out upon a street or highway, unless it
appears to the satisfaction of the Board of Trustees that such exits open
out upon a court or other place which is so constructed as to furnish proper
exit facilities.
B.
No building or enclosure of the character above described
shall have any seats or place for the accommodation of the public above the
ground floor unless such building or enclosure shall be of fireproof construction
with proper fireproof stairways leading to any balcony therein and unless
such building or enclosure shall have permanent exterior fire escapes with
the necessary exits opening out upon such fire escapes.
C.
All buildings or enclosures above described shall be
properly ventilated at all times and shall be kept in a clean and sanitary
condition with proper toilet facilities, the toilets for males and females
being in different portions of the structure.
D.
All such buildings or enclosures shall have at least
two aisles of not less than three feet in width each if accommodating less
than 300 people, or if accommodating more than 300 people and less than 600,
then four aisles of a similar width. No seat within such building shall have
more than seven seats intervening between it and the nearest aisle, and the
rows of seats shall not be placed nearer than 32 inches from back to back,
all such seats to be fastened firmly to the floor.
E.
All such buildings or enclosures shall be properly equipped
with fire-fighting apparatus, such as hooks, axes, chemical extinguishers,
pails, water and sand.
F.
In all such buildings and enclosures, during any performance
or exhibition, no person shall be allowed to stand in any aisle or exit, nor
shall any person or persons be allowed to stand in the rear of the seats unless
such place to standees shall be clearly designated by roped uprights so as
to prevent the standees from standing in the aisles and unless a sufficient
space is left behind the standees so as to provide sufficient, safe and comfortable
means of ingress and egress.
G.
Failure to comply with the requirements of this section
shall constitute a violation of this Article.
Applications for licenses under this Article shall be made in the following
manner:
A.
Application in writing shall be made to the Mayor for
the issuance of a license or licenses therefor, which application shall state
in detail:
(1)
A brief description of the particular business, trade
or occupation for which a license is desired.
(2)
The location within the village of the building wherein
such trade, business or occupation is to be carried on, or if there shall
be no such building or buildings within the village, then the particular locality
within which it is desired to carry on or engage in said trade, business or
occupation.
(3)
The name of the person or company applying for such license,
specifying the residence of such person or the residence of the persons composing
any such company and the principal place of business of any such company.
(4)
In the case of a corporation, the principal place of
business of such corporation and the name and address of the officer of such
corporation upon whom process or other legal notice may be served within the
village.
B.
Upon receiving such application, the Mayor shall present
the same to the Board of Trustees at its next regular meeting, and the Board
of Trustees shall thereupon investigate or cause an investigation to be made
of the character of the trade, business or occupation for which a license
is sought, the location or locality in which it is desired to carry on or
engage in such trade, business or occupation and the person or company desiring
such license, and if the Board shall, after such investigation, be satisfied
that the applicant is of good character and that the issuance of a license
would not be detrimental to the best interests of the village or the public,
the Mayor or such village officer designated by him shall issue a license,
signed by the Mayor or such designated officer.
C.
No license shall be deemed to be in effect, however,
nor to grant any rights to the licensee therein named, until the license fee
shall have been paid to the Treasurer of the village and his receipt endorsed
upon said license across the face thereof.
[Amended 3-7-1996 by L.L. No. 1-1996]
The annual license fee for licenses granted under this Article, to other
than auctioneers, shall be in such amount as determined from time to time
by resolution of the Board of Trustees. Auctioneers shall be required to pay
a daily license fee for each day that an auction is conducted in such amount
as determined from time to time by resolution of the Board of Trustees.
Every trade, business or occupation which shall require a license as
herein provided shall display said license openly at all times within the
building in the village in which the trade, business or occupation is conducted,
or if there be no such building in the village, on each vehicle used in pursuing
the trade, business or occupation.
All licenses issued under this Article shall expire on the 31st day
of December in the year when issued, unless otherwise specified in the license.
Any license, before its expiration or within 15 days thereafter, may
be renewed by the Mayor or such village officer designated by him for a new
term upon payment of a similar fee in the same manner as is stated in this
Article for procuring the original license.
[Adopted 7-14-1977 as Ord. No. 6.9
of the Revised Unified Code of Ordinances]
Any and all licenses which may be granted by the Board of Trustees pursuant to Article I of this chapter; Chapter 155, Peddling and Soliciting; Chapter 184, Taxicabs; Chapter 186, Towing; or Chapter 87, Distress Sales, may, for cause, be suspended by the Mayor and may be revoked by the Board, after notice and hearing, for any of the following causes:
A.
Fraud, misrepresentation or false statement contained
in the application for license.
B.
Fraud, misrepresentation or false statement made in the
course of carrying on the licensed business or activity.
D.
Conviction of any crime or misdemeanor involving moral
turpitude.
E.
Conducting the licensed business or activity in an unlawful
manner or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in
writing by mail, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for the hearing.
