[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 117 of the 1983 Code. Amendments noted where applicable.]
[Amended 3-8-1999 by L.L. No. 1-1999]
A.
Except persons holding an unexpired license or permit
issued for the same purpose under a prior ordinance, no person shall
engage in any of the trades or occupations set forth in the various
chapters of this Code without having procured a license or permit
as herein provided.
B.
All licenses or permits heretofore issued for any
of the purposes set forth in the various chapters of this Code shall
continue in full force and effect until the expiration date thereof,
and the holders thereof shall have all the rights and privileges and
be subject to all the duties set forth in the chapters of this Code.
[Added 3-8-1999 by L.L. No. 1-1999]
The Mayor of the Town/Village of East Rochester,
pursuant to § 4-400, Subdivision 1m, of the Village Law,
hereby designates the Clerk-Treasurer as the licensing officer for
the Town/Village of East Rochester. A copy of this section shall be
filed with the Clerk-Treasurer pursuant to said § 4-400,
Subdivision 1m, of the Village Law.
All licenses and permits hereafter issued, except
circus and carnival licenses, shall expire on the next May 31 after
issue.
[Amended 3-8-1999 by L.L. No. 1-1999]
Applicants for a license or permit under the
various chapters of this Code shall file with the Town/Village Clerk-Treasurer
an application containing the following information:
A.
The name and permanent and local address of the applicant.
B.
A description of the nature of the business for which
the license is desired, and the location or locality within the Town/Village
where such business will be carried on.
C.
If employed or associated with others in such business,
the name and address of the employer or associates.
D.
Names of at least two residents of Monroe County,
New York, who will certify as to the applicant's good character and
business responsibility, or other satisfactory evidence as to the
good character and business responsibility of the applicant.
[Amended 3-8-1999 by L.L. No. 1-1999]
Licenses and permits shall be issued by the
Clerk-Treasurer to such persons as he shall deem fit and proper for
such trade or occupation, but such license shall be refused for any
carnival or circus which shall, in the judgment of the Clerk-Treasurer,
be likely to disturb the peace and order of the Town/Village. Every
such license or permit shall be signed by the Town/Village Clerk-Treasurer,
who shall keep a record thereof and of the amount of the fee paid
therefor and shall endorse thereon his receipt of the fee. The license
or permit shall not take effect until the receipt of the Clerk-Treasurer
shall have been endorsed thereon. Any applicant who shall have been
refused such license or permit by the Clerk-Treasurer may apply to
the Board of Trustees therefor at a meeting thereof, and the same
may be granted or refused by the Board.
Renewal of licenses and permits shall be issued
in the same manner and shall be subject to the same conditions as
original licenses and permits.
Unless otherwise specifically provided, no license
or permit issued shall be transferable by the licensee.
A.
Licenses or permits may be suspended or revoked by
the Board of Trustees, after a hearing, for any of the following causes:
(1)
Fraud, misrepresentation or incorrect statement contained
in the application for license or made in carrying on of his trade
or occupation.
(2)
Violation of any ordinance of the Town/Village or
law of the State of New York.
(3)
Conviction of any crime or misdemeanor.
(4)
Conducting such trade or occupation in such manner
as to constitute a breach of the peace or a menace to the health,
safety or welfare of the public or a disturbance of the peace or comfort
of residents of the Town/Village.
(5)
Expiration or cancellation of any required bond or
insurance.
B.
Notice of the hearing for revocation of a license
shall be given by the Town/Village Clerk-Treasurer, in writing, setting
forth specifically the grounds of complaint and the time and place
of hearing. Such notice shall be mailed to the licensee at his last
known address at least five days prior to the date set for hearing
or shall be delivered by a police officer in the same manner as a
summons at least three days prior to the date set for hearing.
C.
The Mayor may suspend any license until the next meeting
of the Board of Trustees, and thereupon said license may be revoked,
if proper notice and hearing have been given to the licensee, or continued
by the Board.
All bonds and insurance policies required to
be filed in connection with a trade or occupation shall be executed
by the applicant and a surety company or an insurance company authorized
to do business in the State of New York; shall provide for 30 days'
notice of cancellation to be given the Town/Village; shall be approved
by the Town/Village Attorney as to form and method of execution and
by the Town/Village Clerk-Treasurer as to sufficiency of surety; and
shall be filed in the Town/Village Clerk-Treasurer's office before
the license is issued.
The Town/Village Board of Trustees or its duly
authorized agent may enter upon the premises where any licensed trade
or occupation is being conducted for the purpose of inspection.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine of
not more than $250 or by imprisonment for a term of not more than
15 days, or by both such fine and imprisonment, for each violation.
