This chapter shall be known and may be cited as the "Village
of Roslyn Licensing and Regulation of Businesses Law."
As used in this chapter, the following terms shall have the
meanings indicated:
The person appointed by competent authority to conduct a
hearing to determine whether a license issued under this chapter should
be suspended or revoked.
The Mayor or a Village official designated by him or her
who has the authority to issue, deny, suspend or revoke a license
under the provisions of this chapter.
A.
Application
for licenses as herein provided in this chapter shall be made in writing,
filed with the Village Clerk/Treasurer, and shall state in detail:
(1)
The particular business, trade, occupation, place or thing for which
a license is desired.
(2)
The location within the Village of the building wherein such business,
trade or occupation is to be carried on or the place or thing is to
be maintained.
(3)
The particular locality in which such business, trade or occupation
is to be carried on or the place or thing is to be maintained, if
not to be carried on or maintained in a building or buildings.
(4)
The name of the person applying for such license and his or her true
place of residence.
(5)
The principal place of business of the corporation, if the applicant
is a corporation, and the names and addresses of its officers, and
the name and address of the officer of such corporation upon whom
legal process may be served within the Village, or, if the applicant
is a firm, partnership or association, the names and residences of
the individuals constituting such firm, partnership or association.
B.
The fee
for such license shall be paid to the Village at the time the application
is filed. In case an application is denied, the fee shall be refunded.
A.
Upon receipt of the application and payment of the fee, the same
shall forthwith be referred to the licensing officer, who shall sign
and issue a license to such person as he or she shall deem fit and
proper for such trade or occupation, but such license shall be refused
for good cause if, in the judgment of the licensing officer, it is
likely to disturb the peace and order of the Village or be immoral
or improper. The Village Clerk/Treasurer shall keep a record thereof
and of the amount of the fee paid therefor.
B.
Any applicant who shall have been refused a license by the licensing officer may appeal to the Board of Trustees as provided in § 179-7D.
C.
Each license shall specify the subject for which it is granted, length
of time for which it is granted and when it shall expire. Each license
shall expire on the 31st day of December of the year in which such
license is issued unless an earlier or later expiration date is therein
provided, and nothing herein contained shall be construed so as to
prohibit a license from being issued for any number of days, weeks
or months.
Every person holding a license issued under any provisions of
this chapter shall exhibit the same upon demand of any person and
shall report to the Village Clerk/Treasurer any change of residence
or place of business within three days of such change and comply with
all rules and regulations established for the conduct of the business,
trade or occupation or maintenance of the place or thing licensed.
A.
Whenever a badge shall be issued with a license, the badge shall
be conspicuously displayed on the right breast of the outermost garment
of the licensee.
B.
Whenever a plate or marker shall be issued with the license, said
plate or marker shall be conspicuously displayed upon the left (driver)
side of the vehicle or vehicles used in the business, trade or occupation
of the licensee.
C.
If any license is lost, stolen or mutilated, the licensee must immediately
procure a duplicate license from the Village Clerk/Treasurer and shall
pay a fee as established by resolution of the Board of Trustees.
D.
All licensed vehicles or places of business shall be subject to inspection
by any agent of the Village authorized to make such inspection.
A.
In addition to the businesses, places, trades, occupations and things
required to be licensed by statute or by other provision of this chapter,
the following must be duly licensed and the license fee, established
by resolution of the Board of Trustees, shall be paid before engaging
in such business, trade or occupation, place or thing: auctioneers,
carnivals, common shows, circuses and similar performances, distributors,
junk dealers, outdoor vending machines, outdoor telephone booths and
display racks, private parking fields where fees are charged, public
archery ranges, public bowling alleys, public dance halls, public
golf driving ranges, public motion-picture shows, public shooting
ranges, public skating rinks, pyrotechnists, solicitors, tourist parks
and camps, and vendors.[1]
B.
No person shall engage in or carry on any business, trade or occupation
or maintain any place or thing specified in this section without a
license therefor.
Unless otherwise specifically provided, any license issued under
this chapter may be suspended or revoked by the licensing officer
or hearing officer as hereinafter provided.
A.
Revocation. Whenever the licensing officer shall determine that a
licensee is violating any applicable provisions of the Code of the
Incorporated Village of Roslyn or any applicable state or county law,
rule or regulation, the licensing officer or hearing officer designated
by him or her may revoke such license.
B.
Notice of hearing. Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of the hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his or her last known
address at least 10 days prior to the date set for hearing.
C.
Authority of hearing officer. The licensing officer or any hearing
officer appointed by him or her may administer oaths, subpoena witnesses
and take testimony in respect to any matter properly before him or
her and may accept affidavits in lieu of oral testimony.
D.
Appeals. Any person aggrieved by the action of the licensing officer
in the denial of an application for a license or in the decision of
the licensing officer or hearing officer with reference to the revocation
of a license as provided for in this section shall have the right
to appeal to the Board of Trustees. Such appeal shall be taken by
filing a notice of appeal with the Village Clerk/Treasurer within
14 days after notice of the action complained of has been mailed to
such person's last known address, together with a written statement
setting forth fully the grounds for the appeal. The Board of Trustees
shall set a time and place for hearing on such appeal, and notice
of such hearing shall be mailed to the applicant at his or her last
known address at least five days prior to the date set for the hearing.
Any person or persons jointly or severally aggrieved by any decision
of the Board of Trustees may apply to the Supreme Court for relief
by a proceeding under Article 78 of the Civil Practice Law and Rules.
E.
Suspension. In case of an emergency or a serious threat to public
safety, health or welfare, the licensing officer may suspend a license
until such time as a final determination can be had on the revocation
of a license under this section. For good cause, the Board of Trustees
may remove such suspension pending final determination subject to
such terms and conditions as it deems appropriate or necessary to
safeguard the public safety, health or welfare.
No license issued under the provisions of this article shall
be transferred or assigned to any person or used by any person other
than the licensee to whom it was issued, nor shall said license be
used for any location other than the location stated on said license.
If the unexpired term of a license issued under the provisions
of this chapter is six months or less, the licensee shall pay only
1/2 of the established fee.
