It shall be unlawful for any owner to operate
any taxicab or limousine owned or controlled by him, or permit the
same to be operated or driven upon the public highways of the Village
without having first obtained and having then in force an owner's
license therefor, as hereinafter provided.
Every owner's license issued hereunder shall
be issued as of the first day of October or subsequent date of issue
and shall expire on the 30th day of September next succeeding such
date, unless sooner revoked by the Board of Trustees.
Every person who desires to operate a taxicab
or taxicabs, limousine or limousines owned or controlled by him upon
the public highways within the Village shall file with the Village
Clerk a written application upon forms to be furnished by the Village
Clerk, verified under oath, stating:
A.
The name and address of the applicant, specifying
in the case of any unincorporated association the names and addresses
of each member thereof, and in the case of any corporation the names
and addresses of each officer, director and stockholder thereof.
B.
A complete statement by the applicant specifying the
amounts of all unpaid judgments against the applicant and the nature
of the transaction or acts giving rise to said judgments and the name
and location of the court in which and the date on which each was
entered.
C.
All violations of any traffic law, ordinance or regulation
of which the applicant and any member thereof if an unincorporated
association, and any officer, director and stockholder thereof if
a corporation, has been convicted within 18 months prior to the date
of application, and all crimes of which the applicant and any member
thereof if an unincorporated association, and any officer, director
and stockholder thereof if a corporation, has been convicted, stating
the name and location of the court in which and the date on which
such convictions were had and the penalties imposed therefor.
D.
The experience of the applicant and each member thereof
if an unincorporated association, and each officer, director and stockholder
thereof if a corporation, in the transportation of passengers.
E.
Any facts which the applicant believes tend to prove
that the public convenience and necessity require the granting of
a license.
F.
The number of vehicles to be operated by the applicant
and a description of each such vehicle, including the make, model,
passenger seating capacity, year of manufacture, New York State registration
number and motor number thereof, and, if it has ever been in any accident,
the date and nature of the accident and a description of the damage
done to such vehicle.
G.
The age and citizenship of the applicant and each
member thereof if an unincorporated association, and each officer,
director and stockholder thereof if a corporation.
H.
The location of any and all depots and terminals proposed
to be used by the applicant.
I.
Any other relevant information which the Village Clerk
may require.
A.
If the Village Clerk shall find that further taxicab service in the Village and particularly in the area in which the applicant proposes to operate is required by the public convenience and necessity and, from the statements contained in the application for a taxicab owner's license, that the applicant is qualified and able to perform such public transportation and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Village Clerk, upon the certification of each taxicab proposed to be operated by the applicant pursuant to Article IX hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license stating the name and address of the applicant and the date of the issuance thereof, the number of vehicles the applicant is authorized to operate, and at the same time the Village Clerk shall issue for each vehicle licensed hereunder a license bearing the words "Licensed Taxicab" and an assigned number and the year of issuance; otherwise such application shall be denied.
B.
Before making any finding as to whether public convenience
and necessity justify the issuance of a taxicab owner's license or
the licensing of additional taxicabs, the Village Clerk shall cause
to be published in a newspaper of general circulation in the Village
of Rockville Centre a notice stating that application has been made
for the licensing of a vehicle or vehicles as taxicabs, the number
of vehicles for which such application has been made, and containing
a statement that written arguments as to whether public convenience
and necessity require the licensing of such vehicles must be filed
with the Village Clerk on or before the date fixed therein, which
date must be not less than eight days after the date of such publication.
Any arguments so filed must be considered by the Village Clerk in
making his finding as to public convenience and necessity.
C.
If the Village Clerk shall find from the statements contained in the application that an applicant for an owner's license for a limousine or limousines is qualified and able to conduct the business of operating the limousine or limousines and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Village Clerk, upon the certification of each limousine proposed to be operated by the applicant pursuant to Article IX hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license stating the name and address of the applicant, the number of vehicles the applicant is authorized to operate and the date of issuance thereof; otherwise such application shall be denied.
In making the findings required by § 297-7A hereof, the Village Clerk shall take into consideration the number of taxicabs already in operation in the Village, particularly in the area in which the applicant proposes to locate his depots and terminals, whether existing transportation is adequate to meet the public need, the probable effect of additional taxicabs on local traffic conditions, and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
The Village Clerk, may in his discretion, before
the issuance of a license under this article, require the applicant
and any others having knowledge of the facts to submit to an examination
under oath and to produce evidence relating thereto, or hold a hearing
upon such application as hereinafter provided.
Every owner licensed under this article who
shall desire to add to the number of taxicabs he is then operating
shall file with the Village Clerk a written application under oath,
stating:
A.
The name and address of the applicant.
B.
The applicant's owner's license number.
C.
Any facts which the applicant believes tend to prove
that the public convenience and necessity require such addition.
D.
A description of each such additional taxicab, including
the make, model, passenger seating capacity, year of manufacture,
New York State registration number, motor number and, if it has ever
been in any accident, the date and nature of the accident and description
of the damage done to such vehicle.
E.
If the Village Clerk shall find that the addition
of such taxicab or taxicabs is required by the public convenience
and necessity, then he shall issue a supplementary owner's license
stating the name and address of the applicant, the number of the applicant's
operator's license, the number of additional vehicles the applicant
is authorized to operate, and the date of the issuance thereof; otherwise
such application shall be denied.
Any license issued under this article may be renewed annually for additional periods of one year each from the date of expiration upon the filing of an application containing all the information required by § 297-6 hereof, except the facts with respect to public convenience and necessity which are required by Subdivision E thereof, and upon the approval of the Village Clerk pursuant to §§ 297-7 and 297-8, except as to the finding of public convenience and necessity.
No license shall be issued or renewed under this article which shall permit the use of any vehicle as a taxicab or limousine unless and until it has been inspected pursuant to Article IX hereof and certified to the Village Clerk as conforming to the provisions of the Article.
Each applicant shall, before the issuance to
him of a license under this article, file with the Village Clerk evidence
that he is insured against public liability in the limits of $10,000
for personal injuries to each person and $20,000 for personal injuries
for each accident and $5,000 for property damage, which insurance
shall be maintained in force during the period covered by the license.
The owner's license issued hereunder shall not
be transferable.
