[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett
Harbor 10-9-1952 as Part III, Ch. 1, of Ord. No.
32. Amendments noted where applicable.]
Every license or permit shall constitute a personal privilege of the
person to whom it was issued and is not assignable or transferable and shall
not be availed of by any person not named or described therein.
Every license shall be valid for a period of time therein specified
but shall not extend for a longer period of time than the 31st day of December
of the year following that in which the license was issued.
Except as otherwise provided by ordinances now or heretofore enacted,
every license and permit required by any Village ordinance shall be in writing
and shall be issued by the Village Clerk under the seal of the Village and
shall state the name and address of the person to whom it is issued, the term
and purpose thereof and the fee paid therefor.
[1]
Editor's Note: As to license and permit fees generally, see Ch.
A149, Fees.
In case the right granted under any license or permit shall not have
been exercised within six months after the date of its issue, such license
or permit shall thereupon become void and shall grant no further rights to
any person and shall be forthwith surrendered to the Village Clerk upon demand.
In such case, no part of the fee shall be refunded.
No license or permit shall be issued until the fee provided therefor
has been paid; provided, however, that the Mayor in his discretion may waive
the payment of the fee in the case of a license or permit issued to any charitable
institution or any association or other group formed or organized for charitable,
religious or patriotic purposes.
[1]
Editor's Note: As to license and permit fees generally, see Ch.
A149, Fees.
No license or permit shall be issued, reissued or extended to any person
whom the Mayor or the Village Clerk shall deem for any reason unfit or against
whom any complaints have been submitted which he shall deem justifiable or
whose conduct may have been objectionable to the residents of the Village
of Hewlett Harbor. No license shall be issued to any person whose conduct
may, in the judgment of the Mayor or the Village Clerk, have been immoral
or improper or objectionable or whose business or method of conducting the
same shall, in the judgment of the Mayor or the Village Clerk, be likely to
disturb or tend to disturb the peace and order of the Village or create or
tend to create unsanitary or annoying conditions or to litter the streets,
sidewalks and other public or private property or likely to be objectionable
to its residents.
A.
Whenever it shall appear to the satisfaction of the Mayor
or the Village Clerk that there has been any false statement or any misrepresentations
as to a material fact in the application on which the license or permit was
based or that any license or permit has been issued in error or that the conditions
are such that the license or permit should not have been issued or that there
has been a failure to comply with any statute, ordinance, rule or regulation
or for any condition upon which the license or permit was granted or that
the further use of the license or permit or the exercise of the privileges
thereunder would be contrary to the best interests of the Village or its inhabitants
or could cause or tend to cause injury, damage or annoyance to persons or
property in the Village or that other sufficient or adequate reason exists,
the Mayor or the Village Clerk may forthwith suspend such license or permit
with or without notice and without refunding any portion of the license fee,
but shall report the facts and circumstances to the Board of Trustees at its
next regular meeting.
B.
Thereupon, the Board of Trustees may, in its discretion,
forthwith and without notice revoke the said license or permit or may continue
the suspension of such license or permit for such period of time as the Board
may determine.
C.
The licensee shall, however, have the right to appear
before the Board of Trustees and present such proof as he may desire in respect
to any such matter.
D.
The Board of Trustees may also require the licensee to
appear before the Board and show cause why the license or permit should not
be permanently revoked, and the failure of the licensee to appear at the time
and place appointed shall, without more, be deemed adequate grounds for the
permanent revocation of the license or permit.
During the period of time that any such license or permit has been suspended
or after the same has been revoked, the licensee shall be entitled to no more
rights or privileges than if the license or permit had never been issued,
but all actions done in good faith while the license or permit was in force
and in conformity with statute, ordinance, rules and regulations and the conditions
of the license or permit shall be valid.
No licensee, servant, agent or employee of a licensee, and no owner,
licensee, manager, operator or other person having charge or control of any
premises or part thereof wherein or whereon any licensed activity is carried
on or performed, shall do or knowingly allow or permit any person, whether
in his employ or otherwise, to do or permit any act or acts in violation of
the terms and conditions upon which such license or permit has been issued
or in violation of any statute, ordinance, rule or regulation applicable thereto.
No stage, omnibus or motor vehicle line or route shall be operated,
wholly or partly, upon or along any street or highway in the Village of Hewlett
Harbor, nor shall a certificate of public convenience and necessity be issued
therefor, until the owner or owners thereof shall have procured the consent
of the Board of Trustees of the Village of Hewlett Harbor in the manner provided
by law.
In his discretion, the Village Clerk issuing the license or permit,
or the Mayor, may impose such terms and conditions as he shall deem reasonable
and proper for the protection of the Village and the persons and property
therein or to avoid damage or annoyance to persons who may be affected by
the exercise of the license or permit.
In addition to conditions which may be imposed by the Mayor or the Village
Clerk, the following conditions shall apply:
A.
In case it shall appear to the satisfaction of the Mayor
or the Village Clerk that any activity for which a license or permit is required
shall constitute interstate commerce or an exercise of the right of freedom
of speech or freedom of religion guaranteed by the Constitution of the United
States of America or the Constitution of the State of New York, the license
fee shall be waived.
B.
No license or permit to hawk or peddle shall be required
of an honorably discharged soldier, sailor or marine who is crippled as a
result of injuries received while in the naval or military service of the
United States, and no license shall be required of the holder of a license
granted pursuant to § 32 of the General Business Law.
C.
In no event shall hawking or peddling foodstuffs or merchandise
of any kind be permitted at any time within 300 feet of any school or 300
feet of any public or private beach or golf course, and no automobile, wagon,
cart or vehicle of any kind from which foodstuffs or other merchandise is
offered for sale or sold shall stand within said distance of 300 feet.
D.
A permit to place stone, timber, etc., in the Village
streets shall not be issued unless the applicant shall file with the Village
Clerk a surety bond for the payment of all damages to person or property,
including the property of the Village, by reason of such obstruction of a
Village street.
E.
In any case where the applicant for a license or permit
is required to pay the cost of restoration or other costs or damages to Village
property, the applicant shall, at the time he files his application, deposit
with the Village Clerk the sum of $200 and shall, before the permit is issued,
deposit such additional sum as may be required to establish a deposit equal
to 150% of such cost or such damages as determined by the Mayor or the Village
Clerk, or other person designated for the purpose, in order to pay the cost
of restoration or other costs or damages in case the applicant should fail
to make restoration or pay such costs or damages; provided, however, that
in lieu of such deposit, a public utility company or a plumber duly licensed
to work in the Village may file with the Village Clerk a bond with a corporate
surety as surety thereon and approved by the Board of Trustees in the sum
of not less than $1,000, to assure the payment of such costs or damages or
the completion of the restoration or other work without expense to the Village.
Such bond shall apply to all work performed by the public utility company
or plumber under permits issued during the term of the bond, but the posting
of such bond shall not dispense with the issuance of a permit and the payment
of a permit fee in each case, as elsewhere provided in this Code.
[Amended 5-17-1956 by Ord. No. 46; 5-12-1960
by Ord. No. 64]
F.
No permit for moving a building from one
place to another upon or over any street, sidewalk or public place shall be
issued unless the applicant has filed with the Village Clerk a bond with a
corporate surety as surety thereon, approved by the Board of Trustees, in
an amount fixed by the said Board of Trustees, to assure the completion of
the work and the removal of the building and the full payment of the daily
fee hereinbefore provided and to pay, indemnify and save harmless the Village
from any and all claims, liability, judgments, and expenses, including counsel
fees, arising out of the work or the use of the Village streets, sidewalks
and public places for such purpose.
[Added 5-12-1960 by Ord. No. 64]
