Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Consumer protection — See Ch. 387.
Home improvement — See Ch. 517.
Licensed occupations — See Ch. 563.
564a Uncod LL Pro
[Adopted 12-20-2011 by L.L. No. 5-2012]

§ 564-1 Legislative intent.

A. 
This Legislature hereby finds and determines that the County of Suffolk licenses and regulates home improvement contractors. This Legislature also finds and determines that while the majority of home improvement contractors operating in Suffolk County are upstanding businessmen who are licensed and insured, there are others who try to evade regulation. This Legislature further finds and determines that operating as a home improvement contractor without a license or with a revoked license is a violation of County law, subject to a fine of up to $750 for a first violation, with fines up to $1,500 for each subsequent violation. This Legislature finds that some home improvement contractors also violate New York State Penal Law by defrauding or stealing from their customers. This Legislature determines that the public should have access to information on unscrupulous home improvement contractors so that they can avoid falling prey to such contractors' illegal actions. This Legislature also finds that the Department of Consumer Affairs should establish and maintain an online registry listing the business information of home improvement contractors who have been found to be in grievous violation of the County's licensing laws.
B. 
Therefore, the purpose of this article is to establish a registry for persons operating as home improvement contractors in violation of County and state laws.[1]
[1]
Editor's Note: See Ch. 563, Licensed Occupations, Art. II.

§ 564-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
FRAUD OR THEFT CRIMES
The commission of the following enumerated crimes: petit larceny, as defined in the New York State Penal Law ("Penal") § 155.25; grand larceny in the fourth degree, as defined in Penal § 155.30; grand larceny in the third degree, as defined in Penal § 155.35; grand larceny in the second degree, as defined in Penal § 155.40; grand larceny in the first degree, as defined in Penal § 155.42; false advertising, as defined in Penal § 190.20; scheme to defraud in the second degree, as defined in Penal § 190.60; scheme to defraud in the first degree, as defined in Penal § 190.65.
PERSON
Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business of any kind.

§ 564-3 Registry established.

[Amended 3-27-2012 by L.L. No. 27-2012]
A registry is hereby established which shall contain the names, addresses and licensing information for persons operating in any profession licensed by the County of Suffolk who have been fined for operating without a valid license, had their licenses revoked, or have been convicted of a fraud or theft crime against their customers. The Department of Information Technology and the Department of Consumer Affairs are hereby directed to establish public online access for this registry.

§ 564-4 Registration requirements.

[Amended 3-27-2012 by L.L. No. 27-2012]
A. 
Any person who operates in any profession licensed by the County of Suffolk and has been fined for operating without a license, has had his or her license revoked, or has been convicted of a fraud or theft crime against a customer must register with the Department of Consumer Affairs within 15 days of receiving such an administrative determination or conviction.
B. 
Each person required to register with the Licensed Professions Wall of Shame Registry shall submit:
(1) 
His/Her name.
(2) 
Any aliases he/she is known under.
(3) 
His/Her home improvement contractor license information.
(4) 
His/Her company's name(s).
(5) 
His/Her company's address(es).
(6) 
A photograph of the individual licensee's head and shoulders from the front.
C. 
Each person required to register with the Licensed Professions Wall of Shame Registry shall remain on the registry for the duration of his/her noncompliance with the County's licensing laws. Individuals who have been convicted of a fraud or theft crime shall remain on the Licensed Professions Wall of Shame Registry for a period of five years following their release from incarceration or the date judgment was rendered, whichever is later.
D. 
The Department of Consumer Affairs shall be authorized to provide the most recent information it has for any person who has been cited for operating without a license or has had his/her license revoked and has failed to register in accordance with this article. Such person shall be found in violation of this article for failure to register.

§ 564-5 Rules and regulations.

The Commissioner of the Suffolk County Department of Consumer Affairs is hereby authorized and empowered to promulgate such rules and regulations necessary to implement this article.

§ 564-6 Penalties for offenses.

[Amended 3-27-2012 by L.L. No. 27-2012]
Any person required to register with the Licensed Professions Wall of Shame Registry who fails to do so shall be charged with an unclassified misdemeanor and shall be punished by incarceration in a correctional facility for not more than one year and/or a fine of up to $1,000.

§ 564-7 Applicability.

[Amended 3-27-2012 by L.L. No. 27-2012]
This article shall apply to all persons in violation of the licensing laws for licensed professions codified in Chapter 563 of the Suffolk County Code on or after the effective date of this article.