[HISTORY: Adopted by the Board of Trustees of the Village of Lawrence
5-25-1942 as part of Ord. No. 106.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 144.
Fees — See Ch. A219.
Parking meters — See Ch. A220.
[1]
Editor's Note: The provisions of this chapter are derived from §§ 311.1
through 313.2(a) of the Code of Ordinances of 1942.
A.
Every license or permit shall constitute a personal privilege
of the person to whom it is issued and is not assignable or transferable and
shall not be availed of by any person not named or described therein.
B.
Every such license shall be valid for a period of time
therein specified but shall not extend for a longer period of time than the
31st day of December of the year following that in which the license is issued.
[Amended 4-13-1988 by L.L.
No. 5-1988]
Except as otherwise provided by ordinances and local laws now or heretofore
or hereafter enacted, every license and permit required by any Village ordinance
or local law shall be in writing and shall be issued by the Village Administrator
under the Seal of the Village and shall state the name and address of the
person to whom it is issued, the term and the purpose thereof and the fee
paid therefor.
[Amended 4-13-1988 by L.L.
No. 5-1988]
In case the right granted under any license or permit shall not have
been exercised within six months after the date of its issue, such license
or permit shall thereupon become void and shall grant no further rights to
any person and shall be forthwith surrendered to the Village Administrator
upon demand. In such case, no part of the fee shall be refunded.
No license or permit shall be issued until the fee hereinafter provided
has been paid; provided, however, that the Mayor, in his discretion, may waive
the payment of the fee in case of a license or permit issued to any charitable
institution or any association or other group formed or organized for charitable
or patriotic purposes.
[Amended 4-13-1988 by L.L.
No. 5-1988]
No license or permit shall be issued, reissued or extended to any person
whom the Mayor or the Village Administrator shall deem, for any reason, unfit
or against whom any complaints have been submitted which he shall deem justifiable
or whose conduct may have been objectionable to the residents of the Village
of Lawrence. No license or permit shall be issued to any person whose conduct
may, in the judgment of the Mayor or the Village Administrator, have been
immoral or improper or objectionable or whose business or method of conducting
the same shall, in the judgment of the Mayor or the Village Administrator,
be likely to disturb or tend to disturb the peace and order of the Village
or create or tend to create unsanitary or annoying conditions or to litter
the streets, sidewalks and other public or private property or likely to be
objectionable to its residents.
[Amended 4-13-1988 by L.L.
No. 5-1988]
Whenever it shall appear, to the satisfaction of the Mayor or the Village
Administrator, that there has been any false statement or any misrepresentation
as to a material fact in the application on which the license or permit was
based, that any license or permit has been issued in error, that the conditions
are such that the license or permit should not have been issued, that there
has been a failure to comply with any statute, ordinance, local law, rule
or regulation or any condition upon which the license or permit was granted,
that the further use of the license or permit or the exercise of the privilege
thereunder would be contrary to the best interests of the Village or its inhabitants
or would cause or tend to cause injury, damage or annoyance to persons or
property in the Village or that other sufficient or adequate reasons exist,
the Mayor or the Village Administrator may forthwith suspend such license
or permit, with or without notice and without refunding any portion of the
license fee, but shall report the facts and circumstances to the Board of
Trustees at its next regular meeting. Thereupon, the Board of Trustees may,
in its discretion, forthwith and without notice, revoke said license or permit
or may continue the suspension of such license or permit for such period of
time as the Board may determine. The licensee shall, however, have the right
to appear before the Board of Trustees and present such proof as he may desire
in respect to any such matter. The Board of Trustees may also require the
licensee to appear before the Board and show cause why the license or permit
should not be permanently revoked, and the failure of the licensee to appear
at the time and place appointed shall, without more, be deemed adequate grounds
for the permanent revocation of the license or permit.
[Amended 4-13-1988 by L.L.
No. 5-1988]
During the period of time that any such license or permit has been suspended
or after the same has been revoked, the licensee shall be entitled to no more
rights or privileges than if the license or permit had never been issued;
but all actions done in good faith while the license or permit was in force
and in conformity with a statute, ordinance, local law, rules and regulations
and the conditions of the license or permit shall be valid.
No licensee, or servant, agent or employee of a licensee, and no owner,
licensee, manager, operator or other person having charge or control of any
premises or part thereof, wherein or whereon any licensed business or activity
is carried on or performed, and no clerk, waiter, cashier or ticket taker
shall do or knowingly allow or permit any person, whether in his employ or
otherwise, to do or permit any act or acts in violation of the terms and conditions
upon which such license or permit has been issued or in violation of any statute,
ordinance, rule or regulation applicable thereto.
[Added 7-2-1985 by L.L. No.
7-1985; amended 11-10-1999 by L.L.
No. 9-1999]
A.
Licenses or permits are required for the privilege of
carrying on the following businesses or activities or of performing the acts
hereinafter described:
(5)
Operating an automobile, taxicab, public carriage, cab,
bus or other vehicle for the transportation of persons for hire for a fee
or charge.
(6)
Conducting an auction or auctioneering, not including
sales in connection with legal proceedings, or the foreclosure of mortgages
or the sale of property held as security.
(7)
Moving of buildings from one place to another, over or
upon any street, sidewalk or public place in the Village, including dwelling
houses, barns, garages, outbuildings or other structures.
(8)
Conducting any and every procession, parade or race in
or upon any street, sidewalk or public place.
(10)
Construction of a swimming pool, hot tub or spa.
(19)
The abandonment or removal of an oil tank.
(25)
The erection of tents.
[Added 2-11-2004]
[1]
Editor's Note: Former § 125-9 contained fees which were
repealed 7-2-1985 by L.L. No. 6-1985. See now Ch. A219, Fees.
[Amended 4-13-1988 by L.L.
No. 5-1988]
In his discretion, the Village Administrator issuing the license or
permit, or the Mayor, may impose such terms and conditions as he shall deem
reasonable and proper for the protection of the Village and the persons and
property therein or to avoid damage or annoyance to persons who may be affected
by the exercise of the license.
[Amended 4-13-1988 by L.L.
No. 5-1988]
In addition to conditions which may be imposed by the Mayor or the Village
Administrator, the following conditions shall apply:
A.
In case it shall appear to the satisfaction of the Mayor
or the Village Administrator that any trade, business or other act for which
a license or permit is required shall constitute interstate commerce or an
exercise of the right of freedom of speech or freedom of religion guaranteed
by the Constitution of the United States of America, the license fee shall
be waived.
[Added 11-10-1999 by L.L.
No. 9-1999; amended 9-11-2002 by L.L.
No. 5-2002]
Anyone carrying on the businesses or activities as set forth in § 125-9 of the Village of Lawrence Code or who performs the acts described therein without obtaining the required licenses or permits in violation of any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine up to a maximum of $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
