Village of Ossining, NY Chapter 171 Licenses

[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 2-5-1974 as Ch. 15 of the 1974 Code. Amendments noted where applicable.]

§ 171-1 Definitions.

As used in this chapter, unless the context otherwise indicates, the following terms, phrases and words shall have the meanings indicated:

LICENSE OFFICER

The Village Clerk.

LICENSE OR LICENSEE

Includes, respectively, the words "permit" or "permittee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or the portions of this Code enumerated in § 171-3B or other law or ordinance.

PREMISES

Includes all lands, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.

§ 171-2 Act of doing business.

For the purpose of this chapter, any person shall be deemed to be in business or engaging in a nonprofit enterprise, and thus subject to the requirements of this chapter, when he or she commits one act of:

A. Selling any goods or service.

B. Soliciting business or offering goods or services for sale or hire.

C. Acquiring or using any vehicle or any premises in the Village for business purposes.

§ 171-3 Licenses required.

A. It shall be unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise enumerated in this section without a license or permit therefor being first procured and kept in effect at all times in accordance with the provisions of this chapter and the chapter of this Code dealing with such business or enterprise.

B. Licenses shall be obtained for the following businesses and enterprises in accordance with this chapter and the indicated portions of this Code:

(1) Amusement devices (Chapter 71).

(2) Auctions and auctioneers (Chapter 79).

(3) Billposting (Chapter 158).

(4) Bingo (Chapter 84).

(5) Cabarets (Chapter 100).

(6) Fireworks displays (Chapter 137).

(7) Hawkers and peddlers (Chapter 197).

(8) Laundromats (Chapter 167).

(9) Coin-operated dry cleaning (Chapter 167).

(10) Refreshment establishments (Chapter 145).

(11) Going-out-of-business sales (Chapter 208).

(12) Window cleaners (Chapter 266).

(13) Taxicab drivers (Chapter 244).

(14) Drive-in restaurants (Chapter 145).

(15) Carnivals and exhibitions (Chapter 107).[1]

[1] Editor's Note: Former Subsection B(15), Burglar alarm systems, was deleted 8-3-1999 by L.L. No. 2-1999.

(16) Private collectors of offensive materials (solid waste) (Chapter 225).

(17) Adult entertainment uses and performers (Chapter 60).

[Added 10-5-1995 by L.L. No. 9-1995]

(18) Collateral loan brokers (pawnbrokers) (Chapter 110).

[Added 4-17-2012 by L.L. No. 2-2012]

§ 171-4 Application for licenses required.

Every person required to procure a license under the provisions of this chapter shall submit a formal application which shall include an affidavit and be sworn to by the applicant before a notary public of this state.

§ 171-5 Contents of application.

Every application for a license required by this chapter shall require the disclosure of all information necessary to show that the applicant meets the requirements of § 171-10 and of any other information which the Village license officer shall find to be reasonably necessary to the fair administration of this chapter and the other portions of this Code enumerated in § 171-3B.

§ 171-6 Application fees.

Every application for a license required by this chapter shall be accompanied by the full amount of the fees chargeable for such license.

§ 171-7 Confidentiality of information.

The Village license officer shall keep all information furnished or secured under the authority of this chapter and the portions of this Code enumerated in § 171-3B in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of the provisions specified in the first sentence of this section.

§ 171-8 Agents responsible for obtaining licenses.

The agents or other representatives of nonresidents who are doing business in this Village shall be personally responsible for the compliance of their principals and of the businesses they represent with this chapter.

§ 171-9 License officer's duties.

The Village license officer shall collect all license fees and shall issue licenses required by this chapter in the name of the Village to all persons qualified under the provisions of this chapter and shall:

A. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter or the portions of this Code enumerated in § 171-3B;

B. Adopt all forms and prescribe the information to be given therein as to the character of the applicant and other relevant matters for all necessary papers for licenses required by this chapter;

C. Require applicants for licenses required by this chapter to submit all affidavits and oaths necessary to the administration of this chapter and the portions of this Code enumerated in § 171-3B;

D. Submit all applications for licenses required by this chapter, in a proper case, to interested Village officials for their endorsements thereon as to compliance by the applicant with all Village regulations which they have the duty of enforcing;

E. Investigate and determine the eligibility of any applicant for a license required by this chapter as prescribed in this chapter;

F. Examine the books and records of any applicant for a license required by this chapter or any licensee when reasonably necessary to the administration and enforcement of this chapter and the portions of this Code enumerated in § 171-3B; and

G. Notify any applicant for a license required by this chapter of the acceptance or rejection of his or her application and shall, upon refusal by the license officer of any license or permit, at the applicant's request, state in writing the reasons therefor and deliver them to the applicant.

§ 171-10 Qualifications of applicants.

A. The general standards set forth in this section shall be considered and applied by the Village license officer as qualifications for every applicant for a Village license required by this chapter.

B. The applicant shall:

(1) Be of good moral character. In making such determination the Village license officer shall consider:

(a) All convictions, the reasons therefor and the demeanor of the applicant subsequent to his or her release.

(b) The license history of the applicant; whether such person, in previously operating in this or another state under a license has had such license revoked or suspended, the reasons therefor and the demeanor of the applicant subsequent to such action.

(c) Such other facts relevant to the general personal history of the applicant as he or she shall find necessary to a fair determination of the eligibility of the applicant.

(2) Not be in default under the provisions of this chapter or the portions of this Code enumerated in § 171-3B or indebted or obligated in any manner to the Village, except for current taxes;

(3) Present a certificate of occupancy furnished by the Building Inspector to the effect that the proposed use of any premises is not a violation of Chapter 270, Zoning.

§ 171-11 Issuance of receipts in lieu of licenses.

Whenever a license required by this chapter cannot be issued at the time the application for the same is made, the Village license officer shall issue a receipt to the applicant for the money paid in advance, subject to the condition that such receipt shall not be construed as the approval of the Village license officer for the issuance of a license; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter or the portions of this Code enumerated in § 171-3B.

§ 171-12 Renewal of licenses.

The applicant for the renewal of a license shall submit an application for such license to the Village license officer. The application shall:

A. Be a written statement upon forms provided by the Village license officer and include an affidavit to be sworn to by the applicant before a notary public of this state.

B. Require the disclosure of such information concerning the applicant's demeanor and the conduct and operation of the applicant's business during the preceding licensing period as is reasonably necessary to the determination by the license officer of the applicant's eligibility for a renewal license and to a possible adjustment of the license fee.

§ 171-13 Refund of application fees upon disapproval of application.

The license officer shall, upon disapproving any application for a license required by this chapter, refund all fees paid in advance.

§ 171-14 Compliance required despite pending legal action.

When the issuance of a license required by this chapter is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued to him pursuant to a judgment ordering the same.

§ 171-15 License fees.

License fees for licenses required by this chapter shall be in the amounts set forth in this chapter, and as further determined for each business as regulated by the portions of this Code enumerated in § 171-3B.

§ 171-16 Fee adjustments.

The license officer shall make adjustments in fees for licenses required by this chapter as follows:

A. Change in license status. Require the payment of an additional or higher license fee, to be prorated for the balance of the license period, when a licensee places himself in such status under this chapter or the portions of this Code enumerated in § 171-3B by:

(1) Augmenting the volume of business done by him.

(2) Expanding the size of the business, plant or premises.

(3) Increasing the number or size of his or her vehicles.

(4) Making any other lawful and material change of any kind in his or her business.

B. Prorated fee for new business. Prorate for the balance of any license period the license fee of any business commenced after the beginning of the license period.

§ 171-17 Rebates.

A. Except as provided in Subsection B of this section, no rebate or refund of any license fee or part thereof for a license required by this chapter shall be made by reason of the nonuse of such license or by reason of a change of location or business rendering the use of such license ineffective.

B. The license officer shall have the authority to refund a license fee or prorated portion thereof where:

(1) The license fee was collected through an error.

(2) The licensee has been prevented from enjoying the full license privilege due to his or her death or incapacity to engage in such business.

(3) The licensee has entered the armed services of the United States through induction or enlistment and is thereby rendered unable to conduct such business.

(4) The licensed business was condemned by public authority, destroyed by fire or other casualty through no fault of the licensee.

C. A rebate or refund as provided herein shall be based upon the number of days in the license period remaining after the occurrence of the event relied upon for rebate.

§ 171-18 Contents of licenses.

Each license required by this chapter shall state upon its face the following:

A. The name of the licensee and any other name under which such business is to be conducted.

B. The kind and address of each business so licensed.

C. The amount of the license fee therefor.

D. The dates of issuance and the expiration thereof.

E. Such other information as the license officer shall determine.

§ 171-19 Licensee's duties; standards of conduct.

Every licensee required to be licensed by this chapter shall:

A. Permit inspection: permit all reasonable inspections of his or her business and examinations of his or her books by public authorities so authorized by law.

B. Comply with governing law: ascertain and at all times comply with all laws and regulations applicable to such licensed business.

C. Operate properly: avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, morals or welfare.

D. Cease business: refrain from operating the licensed businesses or premises after expiration of his or her license and during the period his or her license is revoked or suspended.

§ 171-20 Display of license and insignia.

Every licensee required to be licensed by this chapter shall:

A. For premises, post and maintain his or her license upon the licensed premises in a place where it may be seen at all times.

B. For motor vehicles, affix any insignia delivered for use in connection with a licensed motor vehicle on the inside of the windshield of the vehicle or as may be otherwise prescribed by the license officer or by law.

C. For persons, carry such license on his or her person when he or she has no licensed business premises.

D. Not loan, sell, give or assign to any other person, or allow any other person to use or display, or to destroy, damage or remove, or to have in his or her possession, except as authorized by the license officer or by law, any license or insignia which has been issued to such licensee.

§ 171-21 Change in location.

A licensee shall have the right to change the location of the licensed business provided he or she shall obtain written permission from the license officer for such change of location.

§ 171-22 Authorized transfer of license.

A. A licensee required to be licensed by this chapter shall have the right to transfer his or her license to another person provided he or she shall:

(1) Obtain written permission from the license officer for such transfer.

(2) Execute the transfer in the form and under the conditions required by law and as prescribed by the license officer.

(3) Promptly report the completed act of transfer to the license officer.

(4) Promptly surrender any license certificate and, when required by the license officer, all licensing insignia.

B. Issuance of new license; effect; fee. Upon the completion of a transfer of license in compliance with Subsection A, the license officer shall issue a new license and insignia to the transferee for the unexpired term of the old license. The new license issued under this section shall authorize the transferee to engage in the same business at the same location or at such other place as shall be approved by the license officer and named in the new license. The license officer shall collect a transfer fee set from time to time by resolution of the Village Board of Trustees[1] from the transferee prior to the issuance of the new license.

[Amended 8-3-1999 by L.L. No. 2-1999]

[1] Editor's Note: The Schedule of Fees is on file in the Village offices.

§ 171-23 Inspections.

A. The following persons are authorized to conduct inspections in the manner prescribed in this chapter:

(1) License officer. The license officer shall make all investigations reasonably necessary to the enforcement of this chapter and portions of this Code enumerated in § 171-3B.

(2) Officials having duties. The license officer shall have the authority to order the inspection of licensees, their businesses and premises by all Village officials having duties to perform with reference to such licensees or businesses.

(3) Police officers. All police officers shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this chapter and the portions of this Code enumerated in § 171-3B.

B. All persons authorized in this chapter to inspect licensees and businesses shall have the authority to enter, with or without a search warrant, at all reasonable times, the following premises:

(1) Those for which a license is required.

(2) Those for which a license was issued and which, at the time of inspection, are operating under such license.

(3) Those for which the license has been revoked or suspended.

C. Persons inspecting licensees, their businesses or premises as authorized in this chapter shall report all violations of this chapter or the portions of this Code enumerated in § 171-3B, or of other laws or ordinances to the license officer and shall submit such other reports as the license officer shall order.

§ 171-24 Provisional orders.

A. When an inspector has reported the violation of any provision of this chapter or portions of this Code enumerated in § 171-3B or of any other law or ordinance, the license officer shall issue to the affected person a provisional order to comply.

B. The provisional order issued pursuant to Subsection A and all other notices issued in compliance with this chapter and the portions of this Code enumerated in § 171-3B shall be in writing, shall be personally served and shall apprise the person affected of his or her specific violations. In the absence of the person affected or his or her agent or employee, a copy of such notice shall be affixed to some structure on the premises. Depositing such notice in the United States mail shall constitute service thereof.

C. The provisional order, issued pursuant to Subsection A, shall require compliance within 10 days of personal service on the affected person.

D. Upon written application by the person affected by a provisional order issued pursuant to Subsection A before the expiration of the ten-day period for compliance, the license officer shall order a hearing. Notice of such hearing shall be given the affected person in the manner prescribed in Subsection B.

§ 171-25 Modifying authority of license officer.

Upon written application, or on his or her own motion, the license officer shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date and to change, modify or rescind any recommendation or order issued pursuant to this chapter.

§ 171-26 Final orders.

Upon the failure or refusal of the violator to comply with the provisional order issued pursuant to § 171-24A or with any order made after the hearing as provided for in § 171-24D, the license officer shall then declare and make the provisional order final.

§ 171-27 Revocation or suspension of license.

The license officer shall have the authority to suspend or revoke licenses required by this chapter upon making and declaring a provisional order final as provided in § 171-26. Upon revocation or suspension, no refund of any portion of the license fee shall be made to the licensee and he or she shall immediately cease all business at all places under such license.

§ 171-28 Summary action; hearing.

A. When the conduct of any licensee, agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the license officer shall have the authority to summarily order the cessation of business and the close of premises or to suspend or revoke any license required by this chapter.

B. Unless waived, in writing, within 10 days after he or she has acted summarily, the license officer shall conduct a special hearing on such action in respect to the summary order. Notice of such hearing shall be given the affected person in the manner prescribed in § 171-24B for provisional orders.

§ 171-29 Appeals

A. Rights generally. Any person aggrieved by any decision of the license officer after a hearing shall have the right to appeal to the Village Manager by filing a written appeal with such officer within 15 days following the effective date of the action or decision complained of.

B. Contents. An appeal filed pursuant to Subsection A shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid such order.

C. Notification of officer. At the time of filing an appeal as provided for in Subsection A, a copy of the appeal shall be filed by the appellant with the license officer.

D. Hearing. The Village Manager shall fix a time and place for hearing any appeal filed pursuant to Subsection A before the Board of Trustees of the Village, and shall personally serve a written notice, as provided herein, upon the appellant informing him thereof. The Village Manager shall also give such notice to the license officer and such officer shall be entitled to appear and defend such order.

E. Effect of Board's decision. The findings of the Board of Trustees on any appeal filed pursuant to Subsection A shall be final and conclusive and shall be personally served upon the appellant as required in § 171-24B for provisional orders.

§ 171-30 Unpaid fees to constitute debt.

The amount of any unpaid fee required by this chapter or any portion of this Code enumerated in § 171-3B, shall constitute a debt due the Village.