[Added 5-6-1980 by L.L. No. 1-1980]
As used in this Article, a "license" shall mean a hack plate, a taxicab driver's license, a limousine license plate or a livery license.
A. 
The Sheriff may deny a license to any person who, in his judgment, is undesirable, unfit or incapable of performing as a holder of a license, who does not comply with the provisions of the Article or any rule or regulation promulgated by the Sheriff pursuant to this article or who makes a material misrepresentation on an application. The Sheriff may also deny a license to any applicant for a violation by the applicant of any federal, state or local law or ordinance.
B. 
The Sheriff shall notify an applicant, in writing, by registered mail, return receipt requested, of the reasons for the denial of a license and shall give the applicant 10 days in which to request a hearing, in writing, on the denial.
A. 
The Sheriff or any person may bring charges against the holder of a license granted under this Article alleging a violation by the holder or any partner, agent, officer or employee of the holder of any federal, state or local law or ordinance or any rules or regulations promulgated by the Sheriff pursuant to this Article. The Sheriff shall investigate such charges, and if he believes the charges are warranted, he shall notify the holder of the charges, in writing, by registered mail, return receipt requested, and of the possible penalties if the holder is found guilty of such charges. The holder shall be given 10 days from date of notice to request a hearing, in writing, on such charges. A holder's failure to request a hearing shall be deemed an admission of the charges.
B. 
No charges shall be brought more than two years after the occurrence of the act forming the basis for the charges; provided, however, that this limitation shall not apply to an act which would, if proved in a court of competent jurisdiction, constitute a felony.
C. 
The Sheriff may temporarily suspend the license of a holder against whom charges are pending for a period not to exceed 30 days or, if a hearing is delayed or adjourned by the holder, until a determination is made after such hearing.
D. 
If a holder is found guilty of the charges after a hearing or if the holder fails to request a hearing or to appear at a scheduled hearing, the Sheriff may suspend the holder's license for a period not to exceed 90 days, may revoke the holder's license or may fine the holder a sum not to exceed $250.
When a person entitled to a hearing under this Article makes a timely request for a hearing, the Sheriff shall schedule such hearing within 10 days after the request. The Sheriff shall hear and determine the charges. The holder or applicant shall be permitted to be represented by counsel at the hearing, to submit evidence and summon witnesses on his behalf, to inspect documents and to cross-examine opposing witnesses. The burden of proving the charges shall be upon the person alleging the same. Compliance with the technical rules of evidence shall not be required.
In determining whether a license should be denied to an applicant or whether a penalty should be imposed upon a holder for a violation of a law or ordinance, the Sheriff shall consider the following factors:
A. 
The nature of the violation.
B. 
The specific duties and responsibilities of a holder of a license and the relationship between the violation and a holder's fitness or ability to perform such duties or responsibilities.
C. 
The time which has elapsed since the violation and the age of the person at the time of the violation.
D. 
The public safety interest in protecting property and the health, safety and welfare of specific individuals or the general public.
E. 
Any mitigating circumstances or information concerning the rehabilitation or good conduct of a person.
F. 
Such other factors as the Sheriff may deem relevant or as may be mandated in the Correction Law or other law.
Unless otherwise provided, the Sheriff shall administer the provisions of this Article and may promulgate rules and regulations relating to its administration or regulating the fitness, ability or conduct of an applicant or holder of a license or establishing standards for vehicles, equipment and buildings used by the holder of a license.