[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 12-2-1974 by L.L. No. 6-1974. Amendments noted where
applicable.]
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.
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.
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 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.
Forms for all licenses and permits, and applications
therefor, shall be prepared and kept on file by the Village Clerk.
[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.
[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 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.
[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.
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 activity
as enumerated in this chapter, at the same location, which may be
subject to more than one fee, said license shall be required to pay
that fee which would be charged for the activity assessed the highest
fee.
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.
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.
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]
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.
[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; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Village Fee Schedule, as set from time to
time by resolution of the Board of Trustees, is on file in the Village
offices.
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.
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.
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 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.
[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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 $500 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment.
