The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the Town, except alcoholic beverage licenses, dog licenses,
taxicab licenses and food handlers' permits.
Each application shall be referred to the Chief of Police or
a police officer designated by him, who shall immediately institute
whatever investigation he considers necessary for the protection of
the public concerning the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity.
He shall report his findings in writing to the Clerk within a reasonable
time after the application has been filed. If the investigator decides
that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activities are not
free from fraud, he shall disapprove the application and the Clerk
shall refuse to issue the license and notify the applicant. Otherwise,
the Clerk shall issue the license immediately, provided the required
license fee has been paid and except in cases where approval of the
Council is required. In the case of an application for a solicitor's,
peddler's or canvasser's license, the license may be issued
immediately, subject to investigation. In the event of the disapproval
of the license, the applicant may appeal to the Council for a hearing. The appeal must
be filed in writing with the Clerk within 14 days after notification
of disapproval. The Council shall hold the hearing within 10 days
thereafter, and its decision shall be final.
The license shall be in a form which the Council shall prescribe
by resolution, and shall contain the following information:
A. The name and address of the licensee.
B. The number and type of the license and the nature of the licensed
activity.
C. The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
D. If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
E. The expiration date of the license.
F. Any other appropriate information which the Council may required
by resolution.
The Clerk shall keep a record of each license issued under this
chapter, in such form as the Council shall prescribe by resolution,
and which contains the same information as is contained in the license.
The record shall also indicate the amount and date of payment of the
license fee, the date of issuance, whether it is a new license or
a renewal, and any other information which the Council may require
by resolution.
When the licensed activity is conducted at a fixed location
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In any other case, the licensee shall
have the license in his possession at all times and shall display
it upon the request of any police officer or any person with whom
he is doing business.
A license shall apply only to the person to whom it is issued and shall not be transferable to another person. A license may be transferred from place to place, where the licensed activity is conducted at a fixed location, but only with the approval of the Council by resolution. The fee for the transfer of a license from place to place shall be as set forth in §
100-1.
Notice of hearing for the revocation of a license or permit
shall be given in writing by the Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based,
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
At the hearing, the licensee shall have the right to appear
and be heard, to be represented by an attorney, to present witnesses
in his own behalf, to cross-examine opposing witnesses, and to have
a permanent record made of the proceedings at his own expense. The
Council shall revoke or suspend the license if it is satisfied by
a preponderance of the evidence that the licensee is guilty of the
acts charged.
The Council may issue another license to a person whose license
has been revoked or denied if after hearing, it is satisfied by clear
and convincing evidence that the acts which led to the revocation
or denial will not occur again. Otherwise, no person whose license
has been revoked or denied, nor any person acting for him, directly
or indirectly, shall be issued another license to carry on the same
activity.
The Council may, by resolution, make rules and regulations which
interpret or amplify any provision of this chapter or for the purpose
of administering or making more effective the provisions of this chapter.
No regulations shall be inconsistent with, alter or amend any provision
of this chapter, and no regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly,
or by implication, imposed by any provision of this chapter.
Any person violating the provisions of this chapter shall be punishable as provided in Chapter
1, Article
III, General Penalty.