Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville during codification 12- 21-1974 as L.L. No. 6-1974; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 7.
Boats and docks — See Ch. 9.
Building construction administration — See Ch. 13.
Dogs — See Ch. 23.
Noise — See Ch. 42.
Peddling and soliciting — See Ch. 48.
Picnic areas — See Ch. 50.
Plumbing — See Ch. 52.
Streets and sidewalks — See Ch. 64.
Trees — See Ch. 72.
Water — See Ch. 77.

§ 36-1 License required.

It shall be unlawful for any person, firm or corporation to conduct, engage in or carry on any business, trade, occupation or activity as enumerated in this chapter, within the Incorporated Village of Bayville, without having first complied with the provisions of this chapter and obtained a license therefor as is herein provided.

§ 36-2 Persons subject to license.

Whenever in this Code a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to the requirement if, by himself or through an agent, employee or partner, he holds himself forth as being engaged in the business or occupation, or solicits patronage therefor, actively or passively, or performs or attempts to perform any part of such business or occupation, or participates in any activity for which a license or permit is required elsewhere in this Code, in the Incorporated Village of Bayville.

§ 36-3 Applications.

A. 
Applications for all licenses and permits required by this chapter and the Code shall be made in writing to the Village Clerk.
B. 
Each application shall contain the following information, and such other information as may be applicable to the permit or license:
(1) 
Name under which the business or activity is to be conducted.
(2) 
Name of the applicant. If a corporation, the name and address of the president and secretary shall be given; if a partnership, names and addresses of all partners.
(3) 
Present residence of the applicant.
(4) 
Address of the business or activity to be conducted.
(5) 
Nature of the business or activity.
(6) 
Residence of the applicant during the past five (5) years, if an individual.
(7) 
Whether the applicant has ever had a license to conduct the business herein described denied or revoked.
(8) 
Details of any arrests or convictions for misdemeanors and crimes, including the nature of the offense for which arrested or convicted, the date of the conviction and the place where said conviction was obtained.
(9) 
Business telephone number of the applicant.
(10) 
Name and address of the attorney, if applicable.
(11) 
Name and address of the registered agent, if the applicant is a corporation.

§ 36-4 Forms.

Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the Village Clerk.

§ 36-5 Issuance; approval.

[Amended 9-24-1979 by L.L. No. 12-1979]
All licenses issued under this chapter shall be issued by the Village Clerk upon payment of the proper fees herein set forth, provided that where approval of any department is required, an approval must be received in writing by the Village Clerk before the license shall be issued.

§ 36-6 Investigations.

[Amended 9-24-1979 by L.L. No. 12-1979]
Upon receipt of an application for a license or permit, the Village Clerk shall refer such application to the proper officers making such investigation. The officers charged with the duty of making the investigation or inspection shall make a report thereon to the Village Clerk, favorable or otherwise, within fifteen (15) days after receiving the application or a copy thereof. The Board of Trustees shall make or cause to be made an inspection in regard to such licenses in connection with the care and handling of food and the preventing of nuisances and the spread of disease, for the protection of health; the Building Inspector shall make or cause to be made any such inspections relative to the construction of buildings or other structures.[1] The Zoning Officer shall make the appropriate zoning inspection.[2] All other investigations, except where otherwise provided, shall be made by such village officer or other authorized person as is designated by the Village Clerk.
[1]
Editor's Note: See Ch. 12, Building Construction, and Ch. 13, Building Construction Administration.
[2]
Editor's Note: See Ch. 80, Zoning.

§ 36-7 Denial of license.

[Amended 9-24-1979 by L.L. No. 12-1979]
The Village Clerk shall examine the qualifications of any applicant for a license or renewal thereof and shall have the right to deny said issuance or renewal for any of the following reasons:
A. 
Misrepresentation or materially false information in the application.
B. 
Prior conviction of the applicant for a crime involving moral turpitude.
C. 
Revocation of a prior license similar to that for which application is now made.
D. 
Noncompliance with the laws, ordinances, rules or regulations of the state, county or village.
E. 
A recommendation of disapproval by any authority to whom the application is referred pursuant to § 36-6 above.

§ 36-8 Payment of fees.

A. 
In the absence of provisions to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the village. Except as otherwise provided, all license fees shall become a part of the general treasury.
B. 
Where the licensee is engaged in more than one (1) activity as enumerated in this chapter, at the same location, which may be subject to more than one (1) fee, said license shall be required to pay that fee which would be charged for the activity assessed the highest fee.

§ 36-9 Purpose of fees.

The fees herein imposed for licenses and permits are used primarily to cover the costs of inspections and to ensure compliance with the laws of the state and this village. In certain instances, there are those businesses or activities which warrant additional police surveillance and inspection. There are those businesses or activities which attract unusual amounts of vehicular traffic, necessitating additional regulation and enforcement. These fees provide a reasonable relationship to the costs of regulation and administration.

§ 36-10 Transferability.

Except where otherwise specifically provided, no license or permit issued hereunder shall be transferable. Licenses shall be valid only for the person named therein, and in the event that there is a change in ownership of the business or premises involved, reapplication shall be made by the new principals in the same manner as for new applications.

§ 36-11 Building and premises.

No license shall be issued for the conduct of any business and no permit shall be issued for any thing or act if the premises and building to be used for the purpose do not fully comply with the ordinances and requirements of the village.[1]
[1]
Editor's Note: See, in particular, Ch. 12, Building Construction, and Ch. 80, Zoning.

§ 36-12 Expiration date; temporary licenses.

A. 
All licenses and permits issued hereunder shall expire on May 31 next after issuance unless otherwise stated on said license.
B. 
Licenses may be issued for probationary periods of time, or on a temporary basis, at the discretion of the Board of Trustees.

§ 36-13 Posting of licenses.

Licenses or permits issued under this chapter shall be posted in a conspicuous place of business shown on said license or permit. Said license or permit shall remain posted for the duration of the licensing year when issued and as long as the licensed business is in operation. In the case of a peddler, solicitor, distributor or transient merchant, the license or permit shall be carried upon his person at all times during the conduct of his activities.

§ 36-14 Fee schedule.

[Amended 2-26-1979 by L.L. No. 5-1979; 3-10-1980 by L.L. No. 4-1980; 5-10-1982 by L.L. No. 2-1982; 2-25-1985 by L.L. No. 4-1985; 2-28-2011; 2-13-2012]
The fees to be paid, as hereinbefore provided, to the Village Clerk for conducting or engaging in the business, trades or activities herein named at the place designated in the license or permit certificate, shall be as follows, the name used being a designation of such business, trade or activity required to be licensed:
Licensed Activity or Business
Fee  
Amusement games
$100
Automatic amusement machines, per machine
$25
Boat launching (private)
$20
Cabarets (bars and/or restaurants with entertainment)
$125
Carnivals, per amusement
$100
Commercial marine boat launching operations
$100
Dinghy rack (season)
$75
Docking and mooring facilities, use of
$15
  Plus (per foot)
$1
Excursion boats
$100
Miniature golf courses
$100
Jukeboxes
$10
Kayak rack (season)
$75
Launching permit (season)
$120
Mooring space
Up to 200 pounds
$120
Plus (per foot overall)
$1.50
Plus (over 201 pounds)
$25
Parking lots (public)
$75
Peddling and soliciting
$50
Picnic areas
$20
Restaurants
$100
Slip fees
Per foot (boat length)
$70
Per foot (shore power)
$10
Dredging fee (mandatory requirement)
$500
Swimming pools, commercial
$100
Tennis courts, per court (commercial)
$25
Theaters, movie
$100
Tow trucks
$100
Vending machines, per machine
$10
Water taxis
$10

§ 36-15 Organizations exempted.

No fee shall be required for any public exhibitions or entertainments, the proceeds of which are to be devoted exclusively to religious, public service, educational or charitable purposes, although a license or permit will still have to be obtained therefor.

§ 36-16 Revocation.

A. 
Licenses or permits issued under the provisions of this chapter may be revoked by the Board of Trustees or its designated representative, in writing, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for a license.
(2) 
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
(3) 
Any violation of this or any other chapter of the Code.
(4) 
Conviction of any crime involving moral turpitude.
(5) 
Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
B. 
Revocation of a license or permit may be appealed to the Village Board in the same manner as set forth in § 36-17 of this chapter for an appeal of a denial of a license or permit. The licensee may not operate the business or enterprise licensed or engage in the activity during the pendency of said appeal.

§ 36-17 Appeals.

Any person aggrieved by the denial of a license shall have the right to appeal to the Village Board. Such appeal shall be taken by filing with the Village Clerk, within ten (10) days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant. The decision of the Village Board on such appeal shall be final and conclusive.

§ 36-18 Enforcement.

[Amended 9-24-1979 by L.L. No. 12-1979]
The proper enforcement of the provisions of this chapter dealing with licenses shall be by any member of the Village Board of Trustees, duly authorized officer or agent of the Village Board or any member of the Nassau County Police Department; and, additionally, those officers charged with providing the necessary inspections and regulations are hereby empowered to enforce this chapter. For the purposes of this chapter, the Board of Trustees hereby authorizes the Village Clerk to issue summonses for violations of this chapter.

§ 36-19 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment.