Sea Cliff City Zoning Code
ARTICLE XII
Special Provisions
§ 138-1201 Use of existing substandard lots.
[Amended 7-7-1986 by L.L. No. 3-1986, effective 7-28-1986]
A.
Any lot held in single and separate fee ownership, upon which a building could be legally erected, i.e., a legally buildable lot, on the date of enactment of this chapter, but which is no longer legally buildable because of the size, width or front property line requirements of this chapter, shall continue to be a legally buildable lot subject to the further provisions of this article and subject to all other provisions of this chapter, with the exception of such size, width or front property line dimensions as shall have been substandard at the time of enactment of this chapter.
B.
Where an application for a building permit is made to construct a building or structure upon a lot which violates any of the requirements of this chapter or upon which is erected any building or structure which violates any of the requirements of this chapter, no variance from the provisions of this chapter shall be required to authorize the issuance of the requested building permit, provided that the proposed structure, by itself, does not violate any of the requirements of this chapter.
C.
The exception provided for and permitted by Subsection B above shall not be available when any of the following situations or conditions exist:
(1)
The application involves or includes a request to permit the subdivision of property.
(2)
The proposed structure, when combined with the area of all other structures on the property, violates the maximum lot coverage limitation provision applicable to the district in which the property is located.
(3)
Any building or structure exists on the property for which a certificate of occupancy or certificate of completion is required and has not been issued.
(4)
Any structure exists on the property which was constructed in violation of any of the provisions or requirements of the Zoning Ordinance in effect at the time of construction and such violation has not been corrected or a variance issued therefor.
(5)
The existing property, or the structures thereon, or the proposed structure, or any combination thereof, violates any of the provisions of Article X of this chapter relating to the off-street parking requirements of this chapter.
(6)
One or more summonses are outstanding against the owner, occupant, tenant or operator of the property for a violation of any provision of the Village Code.
(7)
The premises are or are intended to be used for any purpose other than a single-family dwelling.
D.
The Board of Trustees shall adopt, promulgate, amend and repeal rules and regulations regarding the administrative procedures to be employed for the purpose of effectively and fully implementing the provisions of this article. Such rules and regulations and any amendments thereto shall be designated as Chapter A158 in the Appendix to this Code and shall be made a part of this Code with the same force and effect as all other laws of the Incorporated Village of Sea Cliff.
E.
Any person aggrieved by any ruling, decision or determination of the Building Department or by the failure of such Building Department to approve or deny, within 60 days after submission, any application for a pro forma building permit, pursuant to the provisions of this section and Chapter A158 of this Code, may appeal therefrom within 60 days from the date of such ruling, decision, determination or submission to the Zoning Board of Appeals, which shall hear and decide all appeals regarding the enforcement and administration of this section and Chapter A158 of this Code. In deciding such appeals, the Zoning Board of Appeals may reverse, modify or affirm the action of the Building Department and render its own determination when the Building Department has neither approved nor denied the application.
§ 138-1202 Merger of substandard lots.
In the case of any lot which is substandard in area by the terms of this chapter but was once legally buildable and thereafter singly and separately held in fee ownership, the rights acquired or existing therein for the use of said lot as a legally buildable lot shall terminate and become nonexistent and void should the said substandard lot merge in fee with any adjoining land or property, thereby creating a larger lot, whether or not such larger lot conforms to the area requirements of this chapter, or thereby enlarging an adjoining lot already conforming to such requirements. Such merger shall be deemed to occur when the same person or persons acquire, obtain or have fee ownership in both lots, whether by purchase, sale, devise, gift or otherwise.
§ 138-1203 Creation of substandard lots prohibited.
It shall be unlawful and a violation of the provisions of this chapter for any person to so subdivide any lot in such manner as to create or reserve any portion of said lot as a separate lot which violates the size, width or front property line requirements of this chapter. Such a lot so created or reserved shall be deemed an illegal lot, and the parts or portions of the original property immediately adjoining said illegally created lot shall not be permitted to be used or improved while the illegally created lot remains in existence as a separate lot.
§ 138-1204 Signs and illumination.
§ 138-1205 Accessory structures.
[Added 8-20-2007 by L.L. No. 4-2007; amended 12-9-2019 by L.L. No. 9-2019; 2-13-2023 by L.L. No. 1-2023]
Subject to compliance with §§ 138-419, 138-519, 138-619 and 138-719, the following accessory structures are expressly permitted, when located on property used exclusively for residential use and located within a residence district and when in strict compliance with the requirements, restrictions and criteria set forth in this section. Any structure that complies strictly with the following provisions and the provisions contained in §§ 138-419, 138-519, 138-619 and 138-719, as applicable, shall not require a building permit. Any structure that does not comply strictly with the following applicable provisions and §§ 138-419, 138-519, 138-619 and 138-719, as applicable, shall require a building permit and be subject to all of the requirements, conditions and provisions of Chapter 138 applicable to accessory buildings or structures.
A.
No more than one freestanding shed with an area of 100 square feet or less, a height of eight feet or less above the average preexisting surrounding grade, and located in a rear yard or a side yard with a setback of at least three feet from any property line. Neither the width nor the length of the shed shall exceed 10 feet.
B.
One patio or deck with a height of eight inches or less above the average preexisting surrounding grade, with an area of 100 square feet or less, located in a rear yard or a side yard with a setback as required by Chapter 138 or Chapter 115, whichever is greater, so long as the patio or deck is not pitched in a downward slope towards a property line and drainage facilities are provided to accommodate the entire patio surface area, whether the patio is impervious, semipervious or pervious.
C.
No more than one outdoor brick or stone barbeque with an area of 35 square feet or less, a height of six feet or less above the preexisting average surrounding grade, and located in a rear yard or a side yard with a setback of at least three feet from any property line, and provided that the barbeque is compliant with the New York State Fire Code. If the barbeque is connected to a gas line, a plumbing permit shall be required.
D.
One basketball pole, with a backboard and rim, located at least 10 feet from any front property line and at least five feet from any rear or side property line.
E.
Flag pole with a height of 30 feet or less located at least 10 feet from any front property line and at least three feet from any side or rear property line.
F.
Decorative pool, as defined in Chapter 115 of the Village Code, having a depth of six inches or less and covering an area of 100 square feet or less, water fountain, or bird bath located at least 10 feet from any front property line and at least three feet from any side or rear property line. In the event a connection is made to any water supply, a plumbing permit shall be required and a backflow device shall be installed.
G.
Landscape retaining wall not exceeding two feet in height and not constructed in conjunction with any other wall or grading which creates a change in grade, or a combined height, of more than four feet.
H.
Residential canvas awnings located at least 10 feet from any front property line and at least three feet from any side or rear property line.
I.
Doghouse with an area of 20 square feet or less, a height of four feet or less, and located in a rear yard or a side yard with a setback of at least three feet from any property line.
J.
Arbor with a length of 20 feet or less, a height of eight feet or less above the average surrounding grade, and located in a rear yard or a side yard with a setback of at least six feet from any property line.
K.
Portable wading pool made of plastic, vinyl, or similar material, placed on the property for temporary use, having a maximum depth of one foot, a maximum area of 60 square feet, and located in a rear yard or a side yard with a setback of at least three feet from any property line. A portable wading pool satisfying the conditions set forth herein shall not be subject to the provisions of Chapter 115 of the Village Code.
L.
Childrens' playground equipment covering an area of 100 square feet or less, having a height of 10 feet or less above the average surrounding grade, and located in a rear yard or a side yard with setbacks of at least 10 feet from any side property line and at least five feet from any rear property line.
M.
No more than four structures used as storage bins. Each storage bin shall have an area of 20 square feet or less, a height of four feet or less above the average surrounding grade, and neither the width nor the length of the storage bin shall exceed approximately six feet. All storage bins shall be located at least three feet from any property line.
§ 138-1206 Stormwater pollution prevention plan requirement and compliance.
[Added 12-17-2007 by L.L. No. 18-2007, effective 1-1-2008]
No application for approval of a land development activity shall be reviewed or approved until a stormwater pollution prevention plan (SWPPP), prepared in accordance with the specifications and provisions of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, including but not limited to the provisions and conditions of Article III, thereof, has been received by all appropriate boards of the Village of Sea Cliff, and all of the applicable specifications, requirements, provisions, and conditions of Chapter 109 of the Code of the Incorporated Village of Sea Cliff, entitled "Stormwater Management and Control," have been complied with.
§ 138-1207 Short-term dwelling units/short-term dwelling permit.
[Added 1-8-2018 by L.L. No. 1-2018]
A.
Notwithstanding any other provision of this Code, except as otherwise provided in this section, short-term dwelling units are prohibited in all zoning districts in the Village. Any person, acting as owner, occupant, person with authority to permit use or occupancy of any property in the Village, or as agent for any such person, who shall establish, maintain, operate, let, lease, rent or suffer or permit a property in the Village to be used as a short-term dwelling unit except as permitted by this section shall be guilty of a violation.
B.
No short-term dwelling unit shall be established, maintained, operated, let, leased, rented, or used without first obtaining a short-term dwelling permit from the Village, as authorized in this section. Any person, acting as owner, occupant, person with authority to permit use or occupancy of any property in the Village, or as agent for any such person, who shall establish, maintain, operate, let, lease, rent or suffer or permit a property in the Village to be used as a short-term dwelling unit without a short-term dwelling permit shall be guilty of a violation.
C.
A short-term dwelling permit shall authorize the maintenance, operation, rental, lease or use of premises for use as a short-term dwelling unit for up to 30 consecutive days.
D.
No short-term dwelling permit may be obtained or issued for a dwelling unit for use as a short-term dwelling unit more often than two times in any calendar year.
E.
Each person obtaining a short-term dwelling unit shall pay a permit fee to the Village in an amount determined from time to time by resolution of the Board of Trustees.
F.
Short-term dwelling permits shall be issued by the Village Clerk, upon submission of a properly completed application form promulgated for such purpose by the Village Clerk, which form shall be filed with the Village Clerk not less than 15 days prior to the term for which the short-term dwelling permit is sought, and payment of all required fees. No such permit shall be issued for any premises at which a violation of this section has occurred within the twelve-month period prior to the proposed commencement date of the occupancy for which the short-term dwelling permit is requested.
G.
No short-term dwelling permit shall be transferable to or used by any occupant other than an occupant listed in the permit application.
H.
An application form for a short-term dwelling permit shall include, at a minimum, the following information:
(1)
The legal name, contact information (including e-mail and cell phone) and mailing address of the owner of the property and the principal proposed occupant of the property;
(2)
The physical and mail address of the property which is the subject of the permit;
(3)
The written sworn or acknowledged consent of the owner of the property;
(4)
The name and contact information for a representative of the property owner as an emergency contact, who must be located within Nassau County or within 25 miles of the Village, and who must be available to manage the property at all times during the period of the transient use.
I.
Upon issuance of a short-term dwelling permit, and at least five days prior to the commencement of any use or occupancy of a premises pursuant to such permit, the owner of the property which is the subject of such permit, or the duly authorized agent of such owner, shall provide written notice, by first-class mail or personal delivery, to the owners or occupants of each abutting property, informing those neighbors that a short-term dwelling permit has been issued and providing the name and contact information for the emergency contact person. Proof of such notice shall be filed with the Village Clerk at least five days prior to the commencement of occupancy of the property pursuant to the permit.
K.
Any short-term dwelling permit issued pursuant to this section may be suspended or revoked by the Mayor or the Superintendent of the Building Department for due cause, in addition to any other applicable penalty provided by law. Written notice of such suspension or revocation shall be given promptly by the Village Clerk to the owner and the proposed occupant. The Zoning Board of Appeals shall have jurisdiction to hear and determine any appeal from such suspension or revocation, and any person aggrieved by a determination to suspend or revoke a short-term dwelling permit may appeal in writing to the Zoning Board of Appeals within 15 days after such written notice.
§ 138-1208 Prohibitions applicable to all districts.
[Added 10-3-2022 by L.L. No. 3-2022]
A.
The following types of businesses shall be prohibited in all zoning districts within the Village of Sea Cliff: cannabinoid hemp shops, drug paraphernalia shops, vape shops, and vape lounges.
(1)
Purposes and considerations.
(a)
In the execution of this chapter it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Prohibition of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(b)
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Sea Cliff.
(c)
These special regulations are itemized in this section to accomplish the primary purposes of preventing the establishment of these uses in any area and restricting their accessibility to minors.
(2) CANNABINOID HEMP CANNABINOID HEMP SHOP DRUG PARAPHERNALIA SHOP VAPE LOUNGE VAPE SHOP
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any product processed or derived from hemp, that is used for human consumption, including for topical application, for its cannabinoid content, that contains more than 0.3% THC. Cannabidiol or "CBD" products are an example of cannabinoid hemp products and can come in a variety of different forms, including, but not limited to, tinctures (CBD oil), pills, capsules, balms, lotions and food or beverage products. Other hemp-derived products such as hempseeds or hempseed oil, which do not contain cannabinoids, are regulated as foods and not under the scope of this program. Cannabinoid hemp product does not include cosmetics.
An establishment that sells cannabinoid hemp products in their final form to consumers to be used for human consumption or topical application.
An establishment that sells accessories, tools, and equipment used for taking, consuming, or selling non-FDA-approved drugs, including, but not limited to, glass pipes, hookahs, water pipes, bongs, one-hitter pipes, rolling papers, pipe screens, roach clips, vaporizers, rolling machines, and small weighing scales.
Any facility or location whose business operation includes the on-site smoking of electronic cigarettes, vape pens, vapors, and pipes, e-liquids, as defined herein, or other substances. "Smoking" includes the inhalation of the smoke/e-liquid nicotine/vapors water pipe tobacco and other substances encased in electronic cigarettes, vape pens, vapors, and pipes commonly known as a "hookah," "water pipe," "shisha" and "narghile" or any similar device.
Any establishment which offers for sale or consideration electronic cigarettes, electronic pipes, vape pens and products, vapors, e-liquid, or other substances, but not tetrahydrocannabinol (THC), as a substantial or significant portion of its business, merchandise and/or stock-in-trade.
(3)
The right to maintain an existing prohibited use set forth in this section shall terminate within one year of adopting this code section.
(4)
Notwithstanding anything set forth herein, any establishment that offers for sale or consideration cannabinoid hemp products must be duly licensed by New York State and comply with all applicable federal, state and local regulations.
§ 138-1209 Massage establishments and services.
[Added 10-10-2023 by L.L. No. 7-2023]
A. APPLICANT BOARD BUILDING INSPECTOR CORPORATE MASSAGE CUSTOMER or CLIENT EDUCATION DEPARTMENT LICENSE MASSAGE MASSAGE ESTABLISHMENT MASSAGE ESTABLISHMENT LICENSE MASSAGE PRACTITIONER MASSAGE SERVICES LICENSE MASSAGE THERAPIST OUTCALL MASSAGE SERVICE PERSON
Definitions. For purposes of this section, the words listed below, whether capitalized throughout this section or not, shall have the following meanings unless the context clearly indicates an alternative meaning:
A Person who has applied for a Massage Services or Massage Establishment License within the Village of Sea Cliff.
Village of Sea Cliff Board of Trustees.
The Village of Sea Cliff Building Inspector.
Any Massage of the neck, arms, shoulders, and back area above the waist, where the client is fully clothed, and that is done without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in the practice of Massage.
Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals who obtains or seeks to obtain Massage services.
New York State Education Department.
A Massage Establishment License or a Massage Services License as defined by this section.
Any method of pressure, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands, hot towels, or with any mechanical or electrical apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniments, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations, or by baths, including but not limited to vapor, electric tubs, mineral fomentation, or any other type of bath.
Any establishment having a fixed place of business where any Person engages in, conducts, carries on, or permits for consideration, Massages; including, but not limited to, any hot tub/sauna, relaxation, spas, or tanning establishments in which Massage services are made available to members of the public.
A License to operate a Massage Establishment in the Village of Sea Cliff as required by this section.
Any Person who performs Massage on a Customer or Client in exchange for payment.
A license to perform Massage services in the Village of Sea Cliff as required by this section.
Any Person who has a license in good standing as a Massage Therapist from the New York State Education Department.
Any business, the function of which is to engage in or carry on Massages at a location designated by the Customer or Client rather than at a Massage Establishment.
Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
B.
Licensed Massage Therapists to perform Massage.
(1)
Within 90 days of the effective date of this section, all Persons who own or operate Massage Establishments in the Village of Sea Cliff shall obtain a Massage Establishment License from the Building Inspector.
(2)
Within 90 days of the effective date of this section, all Massage Practitioners who operate in the Village of Sea Cliff shall obtain a Massage Services License from the Building Inspector.
(3)
It shall be unlawful for any Person to offer or perform Massage services for consideration in the Village of Sea Cliff unless that Person is a Massage Therapist with a Massage Services License.
(4)
It shall be unlawful for any Person to operate a Massage Establishment in the Village of Sea Cliff unless all of the following apply:
(a)
The owner or manager of the Massage Establishment is a Massage Therapist; and
(b)
The owner of the Massage Establishment has a Massage Establishment License in good standing; and
(c)
The Massage services provided in the Massage Establishment are performed exclusively by a Massage Therapist with a Massage Services License in good standing.
(5)
It shall be unlawful to employ a Person to perform Massage in a Massage Establishment in the Village of Sea Cliff unless that Person is a Massage Therapist with a Massage Services License.
C.
Exemptions.
(1)
The Persons listed below are not required to comply with Subsection B as long as these Persons administer Massage as part of the performance of their respective professions:
(a)
Physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, and other professions that are duly licensed by the Education Department;
(b)
Nurses, whether registered or licensed vocational nurses, who are duly licensed by the Education Department to practice nursing;
(c)
Occupational therapists, physical therapists, and athletic trainers licensed by the Education Department to practice these professions;
(d)
Barbers or cosmetologists licensed by the New York Department of State, performing Massage within the scope of their license;
(e)
Schools, colleges, or institutions approved by and determined to be in good standing with the Education Department that have the Massage therapy curriculum required for students to become Massage Therapists upon course completion and the students enrolled at such schools, colleges, or institutions.
(2)
Massages that are clearly incidental to the operation of a personal fitness training center, gymnasium, or health club may be permitted without a Massage Establishment License. Individuals providing Massage at personal fitness training centers, gymnasiums, or health clubs must obtain a Massage Services License before performing Massage at these locations.
(3)
The requirements to obtain a Massage Establishment License do not apply to Massage Therapists administering Massage or health treatments involving a Massage to Persons participating in singular occurring recreational events, provided all of the following conditions are met:
(a)
Massage services are made available equally to all participants in the event;
(b)
The event is open to participation by the general public or a significant segment of the public, such as employees of the sponsoring or participating corporations;
(c)
The Massage services are provided at the site of the event, either during, immediately preceding or immediately following the event;
(d)
The sponsors of the event have been advised of and approve of the Massage services; and
(e)
The Persons providing the Massage services are not the primary sponsors of the event.
D.
Massage Establishment and Massage Services License required.
(1)
A Massage Establishment License or a Massage Services License may be issued to any Person who has complied with the requirements of this section and all other applicable provisions of the Village of Sea Cliff Village Code.
(2)
Applicant must obtain a separate Massage Establishment License for each Massage Establishment location within the Village of Sea Cliff.
(3)
The possession of a Massage Establishment License does not authorize the licensee to perform work for which a Massage Services License is required.
(4)
It is unlawful to operate, establish, or maintain a Massage Establishment while the Massage Establishment License issued for such business has been suspended, revoked, or has expired.
(5)
It is unlawful to practice Massage in the Village of Sea Cliff while an individual's Massage Services or Massage Establishment License has been suspended, revoked, or has expired.
(6)
No additional applications for Massage Establishment Licenses or for Massage Services Licenses will be accepted from individuals who are in the appeals process described in Subsection P until the existing Massage Establishment License or Massage Services License has expired, has been revoked, or has been surrendered by the Applicant.
E.
Massage Establishment License application.
(1)
Applications for Massage Establishment Licenses shall be filed with the Building Inspector. Within 60 working days following receipt of the completed application, the Building Inspector shall either issue the License or mail a written statement of the reasons for denial. When necessary, the Building Inspector may extend the time beyond 60 days in order to conduct a complete investigation.
(2)
The application shall include the exact nature of the Massage, bath, or treatment to be administered, and the location of the proposed place of business and facilities where such services will take place. Applicants who cannot produce a license in good standing to practice Massage from the Education Department are required to furnish fingerprints for the purpose of establishing identification and criminal record through FBI and BCI criminal background checks. In addition, each Applicant shall furnish all the following information:
(a)
The full name, including any nicknames or other names used presently or in the past, and the present street address and phone number of the Applicant's residence;
(b)
The previous address of the Applicant for a period of three years immediately prior to the date of the application and the dates the Applicant resided in each of these previous residences;
(c)
Information necessary to perform a criminal background check, including the following: Applicant's date of birth, height, weight, eye and hair color, Applicant's New York driver's license number and/or state identification number (if any), and Applicant's Social Security number;
(d)
The names, street addresses, and phone numbers of any Massage Establishment or any other business involving Massage, relaxation, or other related business by which the Applicant has been employed within the past 10 years, and the dates of employment;
(e)
Any criminal conviction on the record of the Applicant for criminal offenses, other than traffic violations, within five years preceding the date of the application;
(f)
Whether the Applicant has ever had a license, certificate, permit, or other authorization to engage in the practice of Massage or related business;
(g)
Whether the Applicant currently owns or owned or was employed by a Massage Establishment or other business engaged in the practice of Massage that was suspended or revoked within the 10 years preceding the date of the application, the dates and reasons for any such suspensions or revocations, and the name and location of the jurisdiction or agency that suspended or revoked such license, certificate, permit or other authorization;
(h)
Whether the Applicant, including Applicant as a member of a corporation, business, or partnership, has ever operated or been employed at any business that has been the subject of a nuisance abatement proceeding or any similar laws in other jurisdictions. If the Applicant has previously worked at such a business, the Applicant should provide the name and address of the business, the dates on which the Applicant was employed at such business, the name and location of the court in which the nuisance abatement action occurred, the applicable case number, and the outcome of the nuisance abatement action;
(i)
If the Applicant is a partnership, the application shall provide the names and street addresses of each general and limited partner;
(j)
If one or more partners is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the full legal names and street addresses of each of its current officers and directors;
(k)
Whether the Applicant intends to personally provide Massage at the business, and if so, the Applicant must provide their license to practice Massage therapy from the Education Department for photocopying;
(l)
If Applicant does not intend to personally provide Massage at the Massage Establishment, then Applicant must provide the names of all employees, known at the time of application, who will practice Massage therapy at the Massage Establishment along with a statement under penalty of perjury that each of these employees have license(s) to practice massage therapy from the Education Department;
(m)
A written statement under penalty of perjury that the Applicant will not personally give Massages at the Massage Establishment unless the Applicant is a Massage Therapist;
(n)
Whether the Applicant has previously applied to the Village for a Massage Establishment License and the date of the application and every name(s) under which the application was made;
(o)
The proposed name and street address of the Massage Establishment, together with the name and street address of any other Massage business operated or managed by the Applicant within the 10 years preceding the date of the application;
(p)
A statement under penalty of perjury that the Applicant has not made any false, misleading, or fraudulent statements or omissions of fact in their application or any other documents required by the Village to be submitted with the application;
(q)
The name and street address of the owner or landlord and the lease holder of the proposed premises where the Massage services shall take place;
(r)
Acknowledgment by the Applicant that any information contained within the application that may change during the License period will be provided to the Village within five days of the change to maintain current records, including the names of newly hired employees who will provide Massage at the Massage Establishment;
(s)
Authorization for the Village, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and into the background of the Applicant;
(t)
Such other information as may be deemed necessary by the Building Inspector.
F.
Massage Services License - application.
(1)
Applications for Massage Services Licenses shall be filed with the Building Inspector. Within 60 working days following receipt of the completed application, the Building Inspector shall either issue the License or mail a written statement of the reasons for denial. When necessary, the Building Inspector may extend the time beyond 60 days in order to conduct a complete investigation.
(2)
The application shall include the Applicant's full, legal name, current residential address, a statement explaining the exact nature of the Massage, bath, or treatment to be administered, and the location of the proposed place of business and facilities where such services will take place. Applicants must also provide a copy of the results of the Applicant's background check performed as part of Applicant's licensing process by the Education Department. If the Applicant can produce a license in good standing to practice Massage from the Education Department but cannot produce a copy of the results of the Applicant's background check as required in this section, Applicant must submit to a background check as required in Subsection E. In the case of individuals intending to perform Outcall Massage, a statement indicating the individual's intent to perform Outcall Massage.
G.
Submittal of documentation. Applicants shall submit all the following information at the time of their application in addition to the application:
(1)
Massage establishment license:
(a)
A copy of an acceptable form of picture identification such as a driver's license or state identification card;
(b)
Two recent identical color photographs of the Applicant (similar to passport photographs);
(c)
For a renewal license, a statement that the Applicant has not violated any provision of this section; and
(d)
Such other information as may be deemed necessary by the Building Inspector.
(2)
Massage services license:
(a)
All documentation required to obtain a Massage Establishment License as listed in Subsection G; and
(b)
A copy of the Applicant's license to practice Massage from the Education Department.
(c)
A copy of the results of Applicant's background check performed as part of Applicant's licensing process by the Education Department.
H.
Application fees. Any application for a Massage Establishment License or for a Massage Services License shall be accompanied by a nonrefundable fee, as established in the Chapter A142 of the Village Code. The application fee shall be used to offset the cost of review and investigation, and is not made in lieu of any other fees required by the Village Code. The application fee shall be paid at the time the application is submitted.
I.
License expiration and renewal.
(1)
Massage Establishment Licenses shall expire on December 31 of the year for which the License was issued and must be renewed annually.
(2)
Massage Services Licenses shall expire on December 31 of the second year for which the License was issued and must be renewed every two years.
(3)
A renewal fee will be assessed for each License being renewed. Applications for License renewal must be submitted to the Building Inspector no later than 60 days prior to the expiration of such License. Renewal Licenses shall be granted upon a finding by the Building Inspector that no act, related to the Applicant or to the Massage Establishment that is the subject of the renewal application, has been committed during the previous License period that would be grounds to deny the initial License application. Once a License holder's License expires, the License holder shall be in violation of this chapter until a new Massage Establishment License or new Massage Services License is obtained from the Building Inspector.
J.
Denial of application. An application for Massage Establishment or Massage Services License may be denied by the Building Inspector if any of the following are found:
(1)
That the Applicant did not complete the necessary initial or renewal application for a license, that the Applicant made a material misstatement in said application, or that the Applicant failed to meet the applicable requirements of this section;
(2)
That the Applicant for a Massage Service or a Massage Establishment License or any officers, directors, or employees of the Applicant for a Massage Establishment License have been convicted of:
(a)
Any sex offense under New York Law or equivalent offenses under the laws of another jurisdiction, even if sealed;
(b)
Any felony within the past five years;
(c)
A prior offense that involves violation of federal, state or local laws involving illegal possession for sale, or sales of a controlled substance, or equivalent offenses in the past five years, even if sealed;
(d)
Any offense involving the use of force or violence upon another Person in the past five years; or
(e)
Any offense involving theft in the past five years.
(3)
That the Massage services to be provided or the operation of a Massage Establishment as proposed by the Applicant, if permitted, would not comply with this section, or any other applicable laws, including, but not limited to, all Village Code provisions.
(4)
That the Applicant has previously violated any provision of this section or any similar law, rule or regulation of another public agency that regulates Massage or the operation of Massage Establishments.
K.
Operating requirements for massage establishments. All Massage Establishments shall comply with the following operating requirements:
(1)
Posting of licenses. A copy of each Massage Services License, Massage Establishment License, and Massage Therapists' license(s) from the Education Department shall be posted in a conspicuous place in such a manner that it can easily be seen by Persons entering the establishment.
(2)
Posting of services available and fees. A list of all services available, the price thereof and the length of time each service shall be performed, shall be posted or available in a conspicuous place in such a manner that it can easily be seen by Persons entering the establishment. No other services, other than those posted, shall be provided.
(3)
Payment/tips. Payment for Massage services, and any tips, shall be paid for at the designated reception area of the business establishment.
(4)
Maintain written records. Every Massage Establishment shall keep a written record of the date and hour of each service provided, the name and address of each patron and the service received, and the name of the Massage therapist administering the service. These records may not be used for any other purpose than as records of service provided, and may not be provided to other parties by the Massage Establishment unless otherwise required by law. Such records shall be retained on the premises of the Massage Establishment for a period of two years.
(5)
Standard of dress for massage establishment employees. All employees of the Massage Establishment shall remain fully clothed in clean outer garments while on the premises of the Massage Establishment.
(6)
Operating hours. No Massage Establishment shall be kept open for business, and no Massage Therapist shall administer Massages after the hour of 10:00 p.m. or before the hour of 7:00 a.m.
(7)
Lighting required. Massage Establishments will be lighted at all times during business hours to clearly show the business is in operation. Rooms where Massage services are provided will be adequately lighted when occupied to meet all emergency exiting requirements.
L.
Massage Establishment - conditions of premises.
(1)
Required maintenance of massage establishment. All premises and facilities of the Massage Establishment shall be maintained in a clean and sanitary condition at all times. The premises and facilities shall meet the applicable requirements of the Village Code, including, but not limited to, those related to the safety of structures and building systems, property maintenance, zoning, and adequacy of the plumbing, heating, ventilation, and waterproofing of rooms in which showers, water, or steam baths are used and maintained.
(2)
Linens. All Massage Establishments shall provide clean laundered sheets, towels, and other linen for use by clients. Such linens shall be laundered after each use and stored in a sanitary manner. Heavy white paper may be substituted for sheets on Massage tables, provided such paper is used only once for each client and is then discarded into a sanitary receptacle.
(3)
Privacy standards for massage rooms and dressing rooms. The Massage Establishment shall provide doors, curtains, accordion pleated enclosures or other similar privacy barriers for all dressing rooms and Massage rooms.
M.
Prohibited acts.
(1)
Touching of sexual and genital parts of client during massage. No holder of a Massage Establishment License, Massage Services License, or any other employee of a Massage Establishment shall place either their hand or hands upon, or touch with any part of their body, or with a mechanical device, a sexual or genital part of any other Person in the course of a Massage, or Massage a sexual or genital part of any other Person. Sexual and genital parts shall include the genitals, pubic area, anus, or perineum of any Person.
(2)
Uncovering and exposure of sexual and genital parts of client before, during, or after massage. No holder of a Massage Establishment License, Massage Services License, or any other employee of a Massage Establishment shall uncover and expose the sexual or genital parts of a client or themselves while engaged in the practice of Massage, or before or after a Massage.
(3)
Outcall massage services. Massage Therapists providing Outcall Massage must carry their Massage Services License with them to each location where the Massage Therapist intends to perform Massage.
(4)
Transfer of massage establishment or massage services license. No License issued pursuant to this section shall be transferred or assigned in any manner, whether by authorization of law or otherwise, from any location to another location or from Person to Person, except that a Person possessing a Massage Services License, issued by the Village, may move from one employer to another without filing a new application or paying a new fee, so long as the Massage Services License holder notifies the Building Inspector, in writing, of the change in their employment within five business days of such change. Failure to make this notification within five business days shall be grounds for suspension, revocation, nonrenewal, or denial of the Massage Services License.
N.
Denial, suspension, or revocation of License — grounds. Any License issued under this section may be suspended, revoked, or denied upon renewal by the Building Inspector designee for any reason that would have originally justified a refusal to issue the License, or for any of the following:
(1)
Any violation of this section;
(2)
Any violation of the Village Code;
(3)
Any material misrepresentation made on an initial or renewal application for a Massage Establishment License or a Massage Services License; or
(4)
A refusal to permit the reasonable inspection of a Massage Establishment as required under this section.
O.
Denial, suspension, or revocation - notice — hearing.
(1)
An Applicant for a Massage Establishment or Massage Services License or the holder of a Massage Establishment or Massage Services License shall be promptly notified in writing of any order of suspension, revocation, or denial of said application or License.
(2)
The order shall explain the reason(s) for suspension, revocation, or denial and shall inform the Applicant or License holder of their ability to appeal the order in accordance with this section and to obtain a hearing before the Board.
(3)
Notice shall be deemed to be properly served if a copy of the order is:
(a)
Delivered personally to Applicant; or
(b)
Transmitted via facsimile transmission to the last known fax number of the Applicant when the transmission verification report indicates that the transmission was successful. A copy of the transmission verification report may be used as proof of service; or
(c)
Left at the usual place of business of the Applicant and with someone who is 18 years of age or older; or
(d)
Sent by certified, pre-posted U.S. mail, return receipt requested, to the last known address of the Applicant; or
(e)
If service is sent by certified, pre-posted U.S. mail and then returned showing that service was refused or unclaimed, or the return receipt is not returned within 14 days after the date of mailing, then notice may be sent by regular U.S. mail to the last known address of the Applicant; or
(f)
Posted in a conspicuous location on or about the Massage Establishment or the last known address of the Applicant.
(g)
Transmitted by electronic mail to address provided on the Massage Establishment application. Upon receipt of the order, the Applicant or License holder shall immediately cease any operation of a Massage Establishment and any practice of Massage within the Village of Sea Cliff.
P.
Appeals.
(1)
Unless otherwise prohibited by this section, any: a) denial of an application for a Massage Establishment or Massage Services License; b) order of suspension, revocation, or nonrenewal of a Massage Establishment or Massage Services License; or c) notice of violation issued upon inspection of a Massage Establishment, may be appealed to the Board.
(2)
Appellant must file written notice of appeal with the Building Inspector within five working days after the date the order was served. Appellant's written notice of appeal must be delivered in Person or sent certified mail to the Building Inspector, return receipt requested. Appellant's formal, written appeal must then be filed by the appellant with the Building Inspector within 10 working days after appellant's receipt of the order.
(3)
For each timely filed appeal, the Board shall conduct a hearing within 20 business days after the date of the appellant's formal written appeal, unless the appellant consents in writing to extend the date of the hearing. At such hearing, the appellant may appear in person or be represented by an attorney and present witnesses and evidence to the Board. The Building Inspector may appear and present witnesses and evidence to support the order or action.
(4)
The Board, by a majority vote of those members present at the hearing, may affirm, amend or reverse the order, or take other action deemed appropriate. The Board shall issue a written decision within 15 business days of the conclusion of the hearing. The Board shall serve a copy of the final written decision on the appellant. If the Board finds in opposition of appellant, then appellant may appeal the decision to a court of competent jurisdiction.
(5)
In conducting the hearing, the Board shall not be limited by the technical rules of evidence. The procedure and conduct of the Board shall comply with the then current version of Robert's Rules of Order, unless otherwise provided for by written and adopted rules of procedure by the Board. Any Person requesting an appeal shall pay a nonrefundable fee set forth in Village Code at the time of filing the appeal.
Q.
Inspections. All Persons shall permit the inspection of a Massage Establishment to determine compliance with this section and other applicable state and local laws at any time the Massage Establishment is occupied or open for business.
R.
Enforcement and penalty.
(1)
Enforcement of any of the provisions of this section may be by civil action and/or criminal prosecution.
(2)
Any individual who advertises, offers, or provides Massage services in violation of this section is guilty of a misdemeanor of the second degree. A separate offense shall be deemed committed each day a violation occurs or continues.
(3)
Any individual who holds a License under this section who violates any provision of this section is guilty of a violation. A separate offense shall be deemed committed each day a violation occurs or continues.
(4)
Any or all of the following additional actions may be taken against an individual who violates any provision of this section:
S.
Immunity from prosecution. The Village and its designee, the Building Department and all other departments and agencies, and all other Village officers, agents, and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a Massage Establishment while acting within the scope of authority conferred by this section.
T.
Continuing violations-alternative remedies. The Village of Sea Cliff Village Attorney may commence civil action to enjoin the continued violation of any provision of this section or to abate a nuisance, as an alternative, or in conjunction with any other civil or criminal proceedings provided for herein.