[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue 3-28-1960 by Ord. No. 4.1 of the Unified Code of Ordinances of 1960 (Ch. 59 of the 1968 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and exhibitions — See Ch. 139.
Community antenna television system — See Ch. 174.
Electrical installers — See Ch. 191.
Pawnbrokers — See Ch. 297.
Peddlers and transient merchants — See Ch. 306.
Refuse collectors and cesspool cleaners — See Ch. 332.
Sales — See Ch. 343.
Taxicabs and public conveyances — See Ch. 390.
Whenever in any ordinance or local law it is
provided that a license be obtained before engaging upon any act or
in any specified business, trade or occupation or before providing
services for payment or hire for the convenience, comfort or entertainment
of others or for any other designated purpose, it shall be a violation
hereof for any person to engage upon or undertake any activity or
enterprise thus specified until a license has been issued to him in
compliance with the provisions of this chapter and of any other applicable
ordinance or local law.
Except as otherwise specifically provided, every
applicant for a license shall file with the Village Clerk a statement
signed and sworn to by the applicant in person if an individual, by
all partners if a partnership and by the president or duly authorized
officer if a corporation, showing:
A.
The name of the applicant.
B.
His business address.
C.
His home address, if he is a natural person.
D.
If his age is 21 years or less and, if less, his precise
age.
E.
The precise purpose for which the license is sought.
F.
The place within the Village where the licensee will
engage in the licensed activity or enterprise.
G.
Whether or not the applicant or, in the case of a
corporation, whether any officer or director thereof has been convicted
of a crime or violation of any ordinance or local law of the Village
and, if so, the nature of such offense and the penalty assessed therefor.
H.
Satisfactory credentials from his principal, if the
applicant is to act as an agent.
I.
References or letters of recommendation by at least
three reputable business people or property owners of the Village
such as will establish to the satisfaction of the Mayor the good character
and business responsibility of the applicant or such other proof of
the good character and business responsibility of the applicant as
may be required by the Mayor. The applicant shall furnish a list of
three such references. The Mayor shall then solicit and review letters
from each of said persons. No license will be issued until all three
references have been received by the Mayor.
[Amended 2-8-1982 by L.L. No. 5-1982; 3-9-2009 by L.L. No.
7-2009; 10-22-2012 by L.L. No. 11-2012]
J.
Any other data necessary to meet the requirements
of any ordinance or local law or as required by the Mayor.
Whenever by the terms of any ordinance or local
law a bond is required to protect the Village or any other person
against loss because of the fault or default of a licensee, no license
shall be issued until a bond in the full amount specified and in form
approved by the Village Attorney has been filed with the Village Clerk
and the fact of its filing, the amount of its coverage and the date
of its expiration has been noted on the license.
All licenses issued on an annual basis shall
expire on the 31st day of December of each year. The precise date
of expiration shall be clearly marked upon each temporary license.
All licenses shall be issued by the Mayor to
such persons as he shall deem fit and proper upon an evaluation of
their qualifications and upon compliance of the applicant with the
provisions of this or any other applicable ordinance or local law.
However, licenses for circuses, theaters or other exhibitions or performances,
the keeping of billiard or pool rooms, bowling alleys, shooting galleries
and other similar places of amusements for money or hire or the giving
of exhibitions, performances or entertainment at any place within
the Village or the use of mechanically operated amusement devices
shall be refused when, in the judgment of the Mayor, they shall be
likely to disturb the peace and order of the Village or be immoral
or improper.
Any applicant who has been refused a license
by the Mayor may apply for its issuance to the Board of Trustees at
a meeting thereof, and the same may be granted or refused by the Board.
Every license issued shall be signed by the
Mayor and countersigned by the Village Clerk, who shall keep a record
thereof and the amount of fee to be paid therefor.
No license shall be effective until the fee
therefor as established by the Board of Trustees shall have been paid
to the Treasurer, who shall endorse his receipt of the fee upon each
license which is presented to him, properly signed and countersigned
and accompanied by the amount of the fee.
Any license issued pursuant to the provisions
of this chapter or any other ordinance or local law may be revoked
by the Mayor, after notice and hearing, for any of the following causes:
A.
Fraud or false statement in the application for the
license.
B.
Fraud or false statement in connection with carrying
out of the business activity or enterprise for which the license was
issued.
C.
Any violation of a term of this chapter or any other
ordinance or local law under whose provisions the license was issued.
D.
Conviction of the licensee of any crime.
E.
Carrying out the licensed business, enterprise or
activity in an unlawful manner or in such a way as to breach the peace
or constitute a menace to the health, safety or general welfare of
the public.
F.
Any transfer or assignment of the license to any person,
except upon written consent of the Mayor upon due application and
the presentation of information concerning the proposed transferee's
qualifications, similar to those furnished by the original applicant.
G.
Carrying out the licensed business, enterprise or
activity in such manner that the same disturbs the peace and quiet
of the neighborhood.
Unless specifically provided otherwise, any license duly issued may be renewed upon application by the licensee, accompanied by the appropriate fee and a continuance or renewal of bonds as provided in § 255-3 hereof.
Every person to whom a license or permit has
been issued shall at all times have the same with him at the site
or place when the business or act licensed is being performed and
available for inspection by a police officer or any other authorized
person.
[Amended 8-8-1994 by L.L. No. 11-1994; 9-9-1996 by L.L. No.
19-1996; 3-9-2009 by L.L. No. 7-2009]
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue. Each day that such violation continues shall be considered a separate offense and punishable as such.
[1]
Editor's Note: Former § 255-13, License Review Committee, added 2-8-1982 by L.L. No. 5-1982, was repealed 10-22-2012 by L.L. No. 11-2012. Original § 59-14, regarding park usage, which immediately followed this section, was moved to new Ch. 293, Parks and Recreation Areas, in conjunction with the 2009 recodification of the Code.
