Chapter 15

CHAPTER 15

LICENSING AND REGULATION OF BUSINESSES

ARTICLE I

GENERAL PROVISIONS

§ 15.1 Title

This Chapter shall be known and may be cited as the "Village of Mineola Licensing and Regulation of Businesses Law."

§ 15.2 Definitions

As used in this Chapter, unless the context or subject matter otherwise requires:

1. "Hearing Officer" means the person appointed by competent authority to conduct a hearing to determine whether a license issued under this Code should be suspended or revoked.

2. "Licensing Officer" means the Mayor or a Village official designated by him or her who has the authority to issue, deny, suspend or revoke a license under the provisions of this Code.

§ 15.3 Suspension and revocation of license

Unless otherwise specifically provided, any license issued under this Code may be suspended or revoked by the Licensing Officer or Hearing Officer as hereinafter provided.

A. Revocation.

Whenever the Licensing Officer shall determine that a licensee is violating any applicable provisions of the Incorporated Village of Mineola Municipal Code or any applicable State or County law, rule or regulation, the Licensing Officer or Hearing Officer designated by him or her, may revoke such license.

B. Notice of hearing.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint, and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address, at least ten (10) days prior to the date set for hearing.

§ 15.3 MUNICIPAL CODE

C. Authority of Hearing Officer.

The Licensing Officer or any Hearing Officer appointed by him or her may administer oaths, subpoena witnesses and take testimony in respect to any matter properly before him or her and may accept affidavits in lieu of oral testimony.

D. Appeals.

Any person aggrieved by the action of the Licensing Officer in the denial of an application for a license or in the decision of the Licensing Officer or Hearing Officer with reference to the revocation of a license as provided for in this Section shall have the right to appeal to the Board of Trustees. Such appeal shall be taken by filing a notice of appeal with the Village Clerk within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, together with a written statement setting forth fully the grounds for the appeal. The Board of Trustees shall set a time and place for hearing on such appeal and notice of such hearing shall be mailed to the applicant at his or her last known address at least five (5) days prior to the date set for the hearing. Any person or persons, jointly or severally aggrieved by any decision of the Board of Trustees may apply to the Supreme Court for relief by a proceeding under Article Seventy‑Eight of the Civil Practice Law and Rules.

E. Suspension.

In case of an emergency or a serious threat to public safety, health or welfare, the Licensing Officer may suspend a license until such time as a final determination can be had on the revocation of a license under this Section. For good cause, the Board of Trustees may remove such suspension pending final determination subject to such terms and conditions as it deems appropriate or necessary to safeguard the public safety, health or welfare.

§ 15.4 Application

Application for licenses as herein provided in this Chapter shall be made in writing, filed with the Village Clerk and shall state in detail:

A. The particular business, trade, occupation, place or thing for which a license is desired.

LICENSING AND REGULATION OF BUSINESSES § 15.5

B. The location within the Village of the building wherein such business, trade or occupation is to be carried on, or the place or thing is to be maintained.

C. The particular locality in which such business, trade or occupation is to be carried on, or the place or thing is to be maintained, if not to be carried on or maintained in a building or buildings.

D. The name of the person applying for such license and his or her true place of residence.

E. The principal place of business of the corporation, if the applicant be a corporation, and the names and addresses of its officers, and the name and address of the officer of such corporation upon whom legal process may be served within the Village; or, if the applicant be a firm, partnership or association, the names and residences of the individuals constituting such firm, partnership or association.

F. The fee for such license shall be paid to the Village at the time the application is filed. In case an application is denied, one‑half of the fee shall be refunded if application therefor is made within six (6) months after payment; otherwise, the entire fee shall belong to the Village.

§ 15.5 Issuance, registration and revocation

A. Upon receipt of the application, the same shall forthwith be referred to the Licensing Officer who shall sign and issue a license, specifying the fee to be paid therefor, to such person as he or she shall deem fit and proper for such trade or occupation, but such license shall be refused for good cause if, in the judgment of the Licensing Officer, it is likely to disturb the peace and order of the Village, or be immoral or improper. The Village Clerk shall keep a record thereof and of the amount of the fee paid therefor.

B. Any applicant who shall have been refused a license by the Licensing Officer may appeal to the Board of Trustees as provided in § 15.3(D).

B. Each license shall specify the object and length of time for which it is granted and when it shall expire. Each license shall expire on the 31st day of December of the year in which such

§ 15.5 MUNICIPAL CODE

license is issued unless an earlier expiration date is therein provided and nothing herein contained shall be construed so as to prohibit a license from being issued for any number of days, weeks or months.

§ 15.6 Licenses

Every person holding a license issued under any provisions of this Chapter shall exhibit the same upon demand of any person, and shall report to the Village Clerk any change of residence or place of business within three (3) days of such change and comply with all rules and regulations established for the conduct of the business, trade or occupation or maintenance of the place or thing licensed.

A. Whenever a badge shall be issued with a license, the badge shall be conspicuously displayed on the right breast of the outermost garment of the licensee.

B. Whenever a plate or marker shall be issued with the license, said plate or marker shall be conspicuously displayed upon the right side of the vehicle or vehicles used in the business, trade or occupation of the licensee.

C. If any license be lost, stolen or mutilated the licensee must immediately procure a duplicate license from the Village Clerk and shall pay a fee as established by Resolution of the Board of Trustees.

D. All licensed vehicles or places of business shall be subject to inspection by any person authorized to make such inspection.

§ 15.7 Fees

In addition to the businesses, places, trades, occupations and things required to be licensed by statute or by other provision of this Code, the following must be duly licensed and the license fee established by resolution of the Board of Trustees shall be paid before engaging in such business, trade or occupation, place or thing:

LICENSING AND REGULATION OF BUSINESSES § 15.7

Auctioneers, Common shows, Circuses and similar performances, Distributors, Hawkers, Junk dealers, Outdoor vending machines, Outdoor telephone booths and display racks, Peddlers, Private parking fields where fees are charged, Public archery ranges, Public bowling alleys, Public dance halls, Public golf driving ranges, Public motion‑picture shows, Public shooting ranges, Public skating rinks, Pyrotechnists, Solicitors, Taxicab owners, Taxicab drivers, Tourist parks and camps and Vendors.

No person shall engage in or carry on any business, trade or occupation or maintain any place or thing specified in this Section without a license therefor.

References:

Aesthetic reasons. Municipality may enact regulations for aesthetic reasons as long as they are reasonably related to the community policy sought to be implemented, and are not unduly oppressive". People v Goodman, 31 NY2d 262, 266.

Due process. "While it is clear that the Constitution requires a prior hearing when an entitlement is threatened with termination by the state, there is no precise form that such hearing must take. Due process, when taken from principle to practice, demands only that what is available be fundamentally fair to the individual in light of the specific facts and circumstances of a given situation. Mullane v Central Hanover Trust Co., 339 US 306"; Turner v Rochester Gas & Elec., 74 Misc2d 745, 750; 345 NYS2d 421.

Fees, power to impose. Stat Loc Govt § 10(5).

Junk dealers.

keeping property in separate piles. Gen Bus L § 63.

purchasing property from child. Gen Bus L § 63-a.

State licensing provisions. Gen Bus L § 60.

Junk yards, automobile, regulation of. Gen Mun L § 136.

Prior conviction. Where applicant has obtained a certificate of good conduct pursuant to Art. 23-A of the Correction Law, burden is on municipality to overcome presumption by coming forward with evidence to rebut it before a license may be denied. Marra v White Plains, 96 AD2d 17.

A certificate of good conduct does not establish a prima facie entitlement to a license for employment. It creates only a presumption to be considered. It is only one of eight factors to be considered. Correction L § 753(1). Bonacorsa v VanLindt, 71 NY2d 605.

Revocation, suspension, denial of license, grounds for. Valerio v Hastings, 74 AD2d 478.

§ 15.21 MUNICIPAL CODE

ARTICLE II

PUBLIC AMUSEMENTS

§ 15.21 License required

No person shall operate, engage, hold, conduct or display any amusement or entertainment unless a license is obtained therefor as provided in Article I for any of the following public amusements:

1. Circuses or similar performances.

2. Public dance halls, skating rinks and bowling alleys.

3. Public shooting and driving ranges.

4. Common shows.

5. Public motion‑picture shows.

§ 15.22 Circus or similar performance

A. Any person who operates, exhibits, conducts or presents a circus, rodeo or exhibition of horsemanship, animal show or carnival shall be deemed to be the operator of a circus or similar performance.

B. No license shall be granted to a person under this Section unless the place in which the circus, rodeo or exhibition or horsemanship, animal show or carnival is presented or located has suitable and safe means of ingress and egress in case of panic or fire.

§ 15.23 Public dance halls, skating rinks and bowling alleys

A. Any person who operates a dance hall, a skating rink or a bowling alley for money or hire shall be deemed to be the operator of a public dance hall, skating rink or bowling alley.

B. No license shall be granted to a person under this Section unless the place in which the dance hall, skating rink or bowling alley is located has suitable and safe means of ingress and egress in case of panic or fire and complies with all the provisions of the New York State Uniform Fire Prevention and Building Code and all other applicable laws, rules and regulations.*

* See Art. 6, NYSUFPBC.

LICENSING AND REGULATION OF BUSINESSES § 15.26

§ 15.24 Common shows

A. Any person who operates, exhibits, conducts or presents any theatrical exhibition, concert, carousel, ferris wheel or any other show, entertainment, exhibit or performance of like character or of a similar nature, shall be deemed to be the operator of a common show.

B. No license shall be granted to a person under this Section unless the place in which the show, entertainment, exhibition or performance is shown or located has suitable and safe means of ingress and egress in case of panic or fire, and complies with all provisions of the New York State Uniform Fire Prevention and Building Code and all other applicable laws, rules and regulations.*

§ 15.25 Public motion‑picture shows

A. Any person who shows or presents for money or hire any exhibition or performance commonly known as a motion‑picture show, either with or without other entertainment, shall be deemed to be conducting a public motion‑picture show.

B. No license shall be granted to a person under this Section unless the place in which such motion picture is shown or presented has suitable and safe means of ingress and egress in case of panic or fire and complies with all provisions of the New York State Uniform Fire Prevention and Building Code and all other applicable laws, rules and regulations.*

§ 15.26 Advertising material distributors

A. Commercial activities.

No person shall distribute handbills, circulars, advertising media or any type of commercial printed material in or through the streets of the Village or from house to house without a license as provided in Article I of this Chapter.

B. Exceptions.

This Section shall not apply to religious or political pamphlets or material or the distribution of printed material by any person exercising his or her constitutional right of freedom of speech.

*See Article 6, NYSUFPBC.

§ 15.31 MUNICIPAL CODE

ARTICLE III

TOURIST PARKS AND CAMPS

§ 15.31 Tourist parks and camps

Any person who shall establish, maintain, operate or conduct any tourist park or camp or any automobile tourist park or camp or any combination of both shall be subject to the provisions of this Article.

§ 15.32 Definitions

As used in this Article, the following words shall have the following meanings:

TOURIST PARK OR CAMP shall include any premises upon which one or more cottages, cabins, tents or other shelters is or are erected for the accommodation of transients by the day, week or month.

AUTOMOBILE TOURIST PARK OR CAMP shall include any premises where accommodation is provided for one or more automobile trailers or motor homes used for living or sleeping quarters.

UNIT shall be that portion of the premises set apart for use in connection with an individual cottage, cabin, tent, shelter, automobile trailer or motor home.

§ 15.33 Plans; fee

In addition to the general provisions of Article I, application for a license under this Article shall contain a plan of the park or camp showing the number of units to be provided for therein, detailed plans and specifications of all buildings and structures, plumbing, sewer, drainage and lighting systems and any further information requested. The application shall be accompanied by an investigation fee as established by Resolution of the Board of Trustees.

§ 15.34 Required improvements

No license shall be granted under this Article unless:

1. The park or camp for which a license is requested be

located on well‑drained land which is free of heavy or dense growth of brush or weeds.

2. Each unit be not less than thirty by forty (30 x 40) feet and marked by adequate markers at each corner thereof.

3. Each cottage, cabin, tent or other shelter contain at least two hundred eighty (280) square feet of floor space and be at least fourteen (14) feet in width and depth, at least eight (8) feet high from floor to top of side walls, which shall contain at least twenty‑seven (27) square feet of adequately screened ventilating openings.

4. Each cottage, cabin, tent or other shelter have a wooden floor at least twelve (12) inches above the ground level and a roof extending at least one (1) foot beyond the exterior side walls.

5. Entrances and exits from the park or camp be well marked and so located as not to constitute a traffic hazard and all roadways within the park or camp be at least eighteen (18) feet in width, well marked, adequately lighted at night and so located that each unit abuts on a roadway.

6. There be one (1) toilet for each sex for every five (5) units.

7. Each toilet room for men have in addition one (1) urinal stall for each five (5) units.

8. Each toilet room have at least one (1) lavatory for each three (3) toilets therein.

9. There be one (1) shower or bathtub for each sex for every five (5) units.

10. There be a slop sink or basin with water supply for each five (5) units.

11. All toilets, urinals, lavatories, showers and bathtubs be placed in properly constructed buildings, located not more than one hundred fifty (150) feet from each unit served thereby.

12. Toilet buildings be well lighted at all times, day and night,

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well ventilated with screened openings and constructed of moistureproof material, to permit satisfactory cleaning, and have floors of concrete or similar material, elevated not less than four (4) inches above the ground level and sloping to a floor drain in each room.

13. All toilets, urinals, lavatories, showers, bathtubs and slop sinks or basins be equipped with running water and be connected to the public sewer system or to a septic tank, constructed and installed in accordance with the requirements of the Health Department of the County of Nassau and the Plumbing Code of the New York State Uniform Fire Prevention and Building Code.

14. All water supplied be from the Village water system or other source approved by the Health Department of the County of Nassau.

15. Buildings containing toilet and bathing facilities for both sexes have a tight, soundproof partition between sections, provided for each sex.

16. All waste water from outside faucets or taps be discharged onto a concrete platform, draining to an adequate catch basin.

17. There be a covered metal garbage receptacle and a covered metal rubbish receptacle of adequate size for each five (5) units.

§ 15.35 Duties of operator

A. There shall be a competent adult person or persons of good reputation and character in charge of and present at the park or camp at all times. The person or persons in charge of the park or camp shall keep therein a bound book which shall contain a record of the name, address, license number and make of the automobile or vehicle of each and every person accommodated at the park or camp, which record shall be available for inspection at all reasonable times by any person.

B. The licensee shall prevent any animal from running at large within the park or camp.

C. The licensee shall prevent the committing of nuisances and disorderly conduct of any nature within the park or camp.

LICENSING AND REGULATION OF BUSINESSES § 15.43

ARTICLE IV

MISCELLANEOUS OCCUPATIONS, ETC.

§ 15.41 Auctioneers

A. Definition.

Any person who shall offer for sale or sell goods, wares or merchandise at a public auction or where public bidding is encouraged or solicited shall be deemed to be an auctioneer.

B. Exceptions.

Nothing herein contained shall apply to judicial sales, or sales by executors, administrators, trustees under deeds of assignment, lienors, attorneys at law or public officers in the manner prescribed by law, unless such sale be conducted by a regular auctioneer or person particularly employed to conduct such sale.

C. License required.

No person shall engage in the occupation of auctioneer without obtaining a license as provided in Article I of this Chapter.

§ 15.42 Junk dealers

A. Definition.

Any person, including junk cartmen, purchasing, selling, dealing or trading in junk, including old rope, old iron, brass, copper, tin, lead, rubber, paper, rags, bagging, empty bottles, old machinery and machines and other secondhand articles or material, shall be deemed to be a junk dealer and his or her place of business, a junk shop.

B. License required.

No person shall engage in the occupation of junk dealer without obtaining a license as provided in Article I of this Chapter.

§ 15.43 Outdoor vending machines

No person shall place any vending machines on any property outside of buildings without first obtaining a license therefor as

§ 15.43 MUNICIPAL CODE

provided in Article I of this Chapter and paying the prescribed license fee. Vending machines shall only be placed upon property at such places as duly authorized by the Board of Trustees.

§ 15.44 Outdoor telephones, telephone booths, display racks and

automatic teller machines

No outdoor telephones, whether attached to a wall or freestanding, no outdoor telephone booths, no outdoor display racks or no outdoor automatic teller machines or booths containing same shall be placed upon any property outside of buildings without first obtaining a license pursuant to Article I of this Chapter and without first obtaining a special permit from the Board of Trustees. [Amd. LL #1, 98, 7/15/98; filed OSS 7/27/98.]

§ 15.45 Private parking fields

No person shall operate a parking field and charge a fee for parking thereon until such person obtains a license therefor pursuant to Article I of this Chapter. No license shall be granted to any person under this Section unless the parking field is authorized and permitted pursuant to Chapter 30 entitled "Zoning" and all the provisions of Chapter 30 and rules and regulations of the Board of Trustees pertaining to parking fields have been complied with.

§ 15.46 Fireworks permits

Pursuant to Subdivision "1" of § 405.00 of the Penal Law of the State of New York, the Mayor is hereby designated the "Permit Authority" to grant and issue permits for the public display of fireworks in accordance with the provisions of § 405.00 of the Penal Law. Any person who shall be granted a permit pursuant to this Section shall be deemed a pyrotechnist.

§ 15.47 MUNICIPAL CODE

(viii) No permittee shall operate a business in contravention of the zoning law of the Incorporated Village of Mineola.

[I. Penalties for offenses repealed LL #15, 2000, 1/5/2000.]

J. Severability.

If any section, sentence, clause or phrase of this chapter shall, for any reason, be held to be invalid or unconstitutional by a court of proper jurisdiction such decision shall not effect* the validity of this section as a whole or any part or provision thereof, other than the parts so decided to be invalid or unconstitutional. [§ 15.47 added LL #3, 97.]

[Next page is 15.13.]

*So in original.

LICENSING AND REGULATION OF BUSINESSES § 15.52

ARTICLE V

MEMORIAL DAY OBSERVANCE

§ 15.51 Restrictions

All commercial and business activities on the last Monday of May, designated by Public Law 90‑365 as Memorial Day, are hereby prohibited between the hours of 9:00 A.M. and 12:00 Noon, except that when the same are works of necessity, they may be performed on that day in their usual and orderly manner, so as not to interfere with the observance of such day.

§ 15.52 Specific exceptions

All manner of public selling or offering for sale of any property upon the last Monday in May, designated by Public Law 90‑365 as Memorial Day, is prohibited, except as follows:

A. Articles of food may be sold, served, supplied and delivered at any time before 10:00 A.M.

B. Meals may be sold to be eaten on the premises where sold at any time of the day.

C. Caterers may serve meals to their patrons at any time of the day.

D. Prepared tobacco, bread, milk, eggs, ice, soda water, fruit, flowers, confectionaries, souvenirs, newspapers, gasoline, oil, tires, drugs, medicines and surgical instruments may be sold and may be delivered at any time of the day.

E. Grocers, delicatessen dealers and bakeries may sell, supply, serve and deliver cooked and prepared foods; and farmers' markets or roadside stands selling fresh vegetables and other farm produce; and fishing tackle and bait stores may sell, supply, serve and deliver merchandise usually sold by them at any time of the day.

F. Persons, firms or corporations holding licenses or permits issued under the provisions of the Alcoholic Beverage Control Law.

§ 15.100 MUNICIPAL CODE

ARTICLE VI

PENALTIES

§ 15.100 Penalties

Any person who shall violate any provision of this Chapter shall be punished as provided by § 1.10 of this Municipal Code.

Cross-references:

Peddlers and Solicitors. Chapter 17

Secondhand Dealers. Chapter 18

Taxicabs. Chapter 23

Tow Cars. Chapter 24

References:

Authority to regulate businesses. Vil L § 4-412(1).

Amusement devices.

Authority to regulate amusement devices. WNEK v Buffalo, 107 Misc2d 353; Pecoraro v City of Buffalo, 112 Misc2d 985. See also People v South Shores Amusements, 82 Misc2d 892, affd 87 Misc2d 256, Stat Loc Govts § 10; NY Const Art IX; Mun HRL § 10.

Blanket policy of denying licenses to distribute coin‑operated video games constitutes an arbitrary and capricious exercise of administrative discretion pursuant to CPLR 7803(3).

Coin‑operated video games are not a "gambling device" since skill predominates in the operation of the machine; "extended play" features are not a pay-off. WNEK Vending & Amusements Co. v City of Buffalo, 107 Misc2d 353; 434 NYS2d 608.

Regulation. An ordinance regulating only those arcades with four or more devices is not a violation of equal protection. Prohibiting persons under 16 years of age from using devices during school hours is not violative of First Amendment rights. Prohibiting operation of devices between 11:00 P.M. and 10:00 A.M. is invalid. Fee of $75.00 per machine is not excessive. Pecoraro v City of Buffalo, 112 Misc2d 985; 447 NYS2d 842.

Schools; prohibition within 200 feet. Mtr of Tommy & Tina, Inc. v Dept of Consumer Affairs, 95 AD2d 724 (Case No. 9).

Auctioneers.

Commissions to be charged. Gen Bus L § 21.

Records to be kept. Gen Bus L §§ 25, 26.

Licensing Officer. The Mayor is the licensing officer unless he designates an officer in writing to serve as same. Vil L § 4-400(l)[m].

Renewal of license. Where Code permits denial of license for failure to maintain good order, a single incident is not evidence that one is unable to maintain good order and cannot be used as grounds for denial of renewal of a license. Valerio v Hastings, 74 AD2d 478; 428 NYS2d 119.

Theaters and certain other amusement places.

children under sixteen, restrictions pertaining to. Penal L § 260.20.

entertainment on Sunday, restrictions. Gen Bus L § 15.

Tow Trucks; rotation list invalid. Wharram v City of Utica, 56 NY2d 733.

Tow Trucks; warrantless search. People v Velez, 109 Misc2d 853. Cf. People v. Robles, 124 Misc2d 419.

Warrantless searches. People v Robles, 124 Misc2d 419.

[See also annotations, p. 18.3.]