[HISTORY: Adopted by the Board of Trustees
of the Village of Rockville Centre 2-22-1971 by L.L. No. 1-1971 as
Ch. 78 of the 1971 Code; amended in its entirety 5-5-1986 by L.L. No. 4-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement and gaming devices — See Ch. 84.
Auctioneers — See Ch. 90.
Secondhand automobile sales — See Ch. 93.
Bowling alleys and pool halls — See Ch. 105.
Building Code — See Ch. 112.
Building drains — See Ch. 118.
Moving of buildings — See Ch. 126.
Businesses — See Ch. 138.
Coin-operated dry-cleaning machines — See Ch. 154.
Master electricians — See Ch. 160.
Entertainment — See Ch. 163.
Food and drink dispensers — See Ch. 191.
Fortune-telling, clairvoyance, phrenology — See Ch. 194.
Gasoline sale and service stations — See Ch. 204.
Junk and secondhand dealers — See Ch. 215.
Lodging and boarding houses — See Ch. 225.
Parades and processions — See Ch. 239.
Pawnbrokers — See Ch. 244.
Peace and good order — See Ch. 247.
Peddling and soliciting — See Ch. 250.
Special sales — See Ch. 265.
Soil and earth removal — See Ch. 280.
Solid waste — See Ch. 283.
Streets and sidewalks — See Ch. 287.
Taxicabs — See Ch. 297.
Towing — See Ch. 300.
Washing machines — See Ch. 315.
Signs and posting bills — See Ch. 335.
Whenever in any local law it is provided that
a license be obtained before engaging upon any act or in any specified
business, trade or occupation; or providing services for payment or
hire for the convenience, comfort or entertainment of others; or for
any other designated purpose, it shall be a violation hereof for any
person to engage upon or undertake any activity or enterprise thus
specified until a license has been issued to him in compliance with
the provisions of this and of any other applicable local law.
Except as otherwise specifically provided, every
applicant for a license shall file with the Village Clerk a statement
signed and sworn to by the applicant in person if an individual, by
all partners if a partnership, and by the president or duly authorized
officer if a corporation, containing the following information:
A.
The name of the applicant.
B.
His business address.
C.
His home address, if he is a natural person.
D.
If his age is 21 years or less, and if less, his precise
age.
E.
The precise purpose for which the license is sought.
F.
The place within the Village where the licensee will
engage in the licensed activity or enterprise.
G.
The names and addresses of all persons interested
directly or indirectly in the operation of the business.
H.
The names and addresses of each officer, director
and stockholder of a corporate applicant, and number of shares of
the corporate stock owned by each stockholder, number of shares authorized
to be issued and number of shares actually issued. The Village shall
be advised forthwith of any change of officers, directors or stockholders
or the license may be revoked.
I.
The names and addresses of each and every person providing
any part or all of capital of this business or operation.
J.
Every applicant must state that no persons have provided
any funds for the organization or operation of this business except
as stated in the application, and if any such funds are hereafter
obtained, the Village is to be advised immediately.
K.
Whether or not the applicant, or, in the case of a
corporation, whether any officer or director thereof, has been convicted
of a crime or offense or violation of any local law of the Village,
and if so, the nature of such crime or offense, the date and court
of conviction and the penalty assessed therefor.
L.
Satisfactory credentials from his principal, if the
applicant is to act as an agent.
M.
References or letters of recommendation by at least
three reputable businessmen or property owners in the County of Nassau,
State of New York, such as will establish to the satisfaction of the
Mayor the good character and business responsibility of the applicant.
N.
Any other data necessary to meet the requirements
of any local law by provisions of which the license sought is required.
O.
Satisfactory certificate or other evidence from an
insurance company licensed to do business in the State of New York,
indicating that a public liability policy in accord with the law of
the State of New York has been issued and is in force covering any
vehicle for which a license is being sought.
Whenever by the terms of any local law a bond
is required to protect the Village or any other person against loss
because of the fault or default of a licensee, no license shall be
issued until a bond in the full amount specified and in form approved
by the Village Attorney has been filed with the Village Clerk, and
the fact of its filing, the amount of its coverage and the date of
its expiration have been noted on the license.
All licenses shall expire on the following dates
or times:
All licenses shall be issued by the Mayor or
licensing officer designated by the Mayor to such persons as he shall
deem fit and proper upon an evaluation of their qualifications and
upon compliance of the applicant with the provisions of this or any
other applicable local law.
Any applicant who has been refused a license
by the Mayor or licensing officer may apply for its issuance to the
Board of Trustees at a meeting thereof, and the same may be granted
or refused by the Board.
Every license issued shall be signed by the
Mayor or licensing officer and countersigned by the Village Administrator,
who shall keep a record thereof and the amount of fee to be paid therefor.
No license shall be effective until the fee
therefor as established by the Board of Trustees shall have been paid
to the Treasurer, who shall endorse his receipt of the fee upon each
license which is presented to him, properly signed and countersigned
and accompanied by the amount of the fee.
Unless application for a renewal of a license is filed more than 20 days prior to the expiration date thereof, such application shall be subject to all of the requirements of an original application. Any person who has filed an application for a license renewal and complied with all the requirements of filing of said application and whose license is not renewed by the Mayor or licensing officer shall have a right to a hearing in accordance with the procedures set forth in § 222-13 of this chapter. Any of the causes set forth in § 222-12 of this chapter shall be sufficient basis for the refusal to renew a license. The refusal to renew shall not be effective until the hearing is held and a report and recommendation rendered to the Board of Trustees and action is taken thereon pursuant to § 222-13 of this chapter.
Every person to whom a license or permit has
been issued shall at all times have the same with him at the site
or place when the business or act licensed is being performed, and
available for inspection by a police officer or any other authorized
person.
[Amended 5-1-2014 by L.L. No. 3-2014]
A.
Any license issued pursuant to the provisions of this or any other
local law may be suspended or revoked by the Mayor or licensing officer,
or renewal of any such license may be denied, for any of the following
causes:
(1)
Fraud or false statement in the application for the license.
(2)
Fraud or false statement in connection with operating or carrying
out the business, activity or enterprise for which the license was
issued.
(3)
Any violation of a provision of this chapter or of any other local
law pursuant to which the license was issued.
(4)
Conviction of the licensee of any crime.
(5)
Operating or carrying out the licensed business, enterprise or activity
in an unlawful manner or in such a way as to breach the peace or constitute
a danger to or disrupt the health, safety or general welfare of the
public.
(6)
Transfer or assignment of the license to any person or entity without
the written consent of the Mayor or licensing officer, after due written
application and presentation of information concerning the proposed
transferee's qualifications, similar in nature and scope to those
furnished by or required of the original applicant.
B.
No such suspension or revocation shall be effective until after a hearing is held and a report and recommendation rendered to the Board of Trustees and action is taken by the Board of Trustees pursuant to § 222-13 of this chapter, except that a suspension or revocation shall take effect immediately, or at any specified time prior to the conclusion of such hearing, in the event the suspending or revoking authority determines that continuation of the business or activity authorized by such license would constitute a danger to the public health, safety or general welfare if permitted to continue before the conclusion of such hearing.
Any person who has had his license suspended, revoked or not renewed by the Mayor or licensing officer pursuant to § 222-9 or § 222-12 shall have right to a hearing upon such suspension, revocation or nonrenewal before a Hearing Officer designated by the Board of Trustees. A written request for such hearing must be filed by the licensee with the Village Administrator within 15 days of notification to him of the suspension, revocation or nonrenewal by the Mayor or licensing officer. Failure to timely file such request shall be deemed a waiver of the right to a hearing. The hearing shall be held within 30 days after the filing of the request thereof. All persons interested or affected shall have the opportunity to be heard at the hearing. The hearing officer, upon the completion of the hearing, shall render a written report and recommendation thereon to the Board of Trustees. The Board of Trustees after the report and recommendation of the hearing officer is reviewed may reinstate the license, revoke the license or continue the suspension of the license for a specified period of time.
