As used in this article, the following terms shall have the
meanings indicated:
CONTRACT
An oral or written agreement contained in one or more documents
for the performance of work and which includes all labor, goods and
services.
DIRECTOR
The Director of the County Executive's Office of Citizen
Affairs.
ENGAGES
The undertaking, offering to undertake, solicitation or agreement
to perform a contract.
LICENSEE
A person permitted to engage in a business licensed pursuant
to the provisions of this article of the Suffolk County Code.
OFFICE
The County Executive's Office of Citizen Affairs.
PERSON
Includes the persons within the definition contained in General Construction Law §
37, as well as an individual, partnership or other entity.
The provisions of this article shall not apply to:
A. Employees of any federal, state or local government or any agencies thereof or of a state or local authority ("public authority"), as that term is defined in §
2 of the New York Public Authorities Law, provided that such employees are performing the work on behalf of a government entity or public authority. This exemption shall not apply to any work performed by a person, as that term is defined in this article, who is not an employee of any federal, state or local government or any agencies thereof or of a public authority even if such work is performed on behalf of or pursuant to an agreement with a governmental entity or public authority.
[Amended 3-23-2010 by L.L. No. 7-2010]
B. Maintenance work by bona fide employees in an industrial, commercial,
institutional or other such establishment within the building or property
limits of the employer.
C. Employees of a business duly licensed pursuant to this article.
[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No.
4-2003]
A. All applications for licenses shall be submitted in writing, on forms
furnished by the Office, and shall be accompanied by a nonrefundable
application fee of $200.
[Amended 8-5-2008 by L.L. No. 32-2008]
B. The license application shall be filed by an actual owner or partner
of a business and shall be signed under oath. Where a corporation
is an applicant or a participant in an application, the application
shall be signed under oath by an officer of such corporation.
C. All applications shall include the residence address of the individual
who subscribes his name to the application.
D. The Director may require submission of the names and residence addresses
of any employees or officers of the applicant, in addition to any
other information which he may deem advisable and proper.
E. An individual applicant and any individual who subscribes his name
to the application must be at least 18 years of age, of good character
and financially responsible.
F. The Director shall investigate such applicant as to good character
before he shall issue to the applicant a license.
G. Applicants shall meet such further qualifications as may be prescribed
by this article and any other appropriate article of this chapter.
H. The Office shall issue a license or temporary license to each applicant
who has submitted satisfactory evidence of his qualifications and
who has complied with all of the requirements of this article and
any other appropriate article of this chapter.
[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No.
4-2003]
A. A duplicate license may be issued for a license which has been lost,
destroyed or mutilated, upon application therefor on a form prescribed
by the Director and the payment of a fee of $25.
B. A licensee shall obtain a supplementary license for each additional
place of business maintained by such licensee within the County of
Suffolk upon application therefor on a form prescribed by the Director
and the payment of a fee of $50 per annum. It may be renewed biennially
for a fee of $100. Each such supplementary license shall have the
word "supplementary" stamped across the face thereof, shall bear the
same number as the original and shall be conspicuously posted in each
additional place of business.
A contract entered into on or after one year from the effective
date of this article by a person who engages in a business regulated
by this chapter, who on the date of the contract does not possess
a valid license to engage in such business, is unenforceable by him
and voidable at the option of any other party to the contract rendered
or to be rendered to such party. Nothing contained herein shall be
construed to prevent any other party to the contract from enforcing
its terms.
The following acts shall be prohibited:
A. Abandonment or willful failure to perform, without justification,
any contract engaged in by a licensee.
B. Willful deviation from or disregard of contract specifications or
estimates in any material respect without the consent of the contracting
party.
C. The making of any substantial misrepresentation in the solicitation
or procurement of a contract or the making of any false promise likely
to influence, persuade or induce entry into a contract.
D. Directly or indirectly publishing any advertisement relating to goods
or services offered by the licensee which contains an assertion, representation
or statement of fact which is false, deceptive or misleading, provided
that any advertisement which is subject to and complies with the then-existing
rules, regulations or guides of the Federal Trade Commission shall
not be deemed false, deceptive or misleading.
E. Advertising or purporting to offer the general public any contract
with the intent not to accept said contract for the particular work
at the price which is advertised to the public.
F. Conducting a business in any name other than the one for which the
licensee holds a license except pursuant to the exemption provisions
of this article.
G. Failure to comply with the provisions of Suffolk County Code §
563-6H and
J.
H. Offering, as an inducement to enter into a contract, a promise or
offer to pay credit or provide any compensation or reward for the
buyer's procurement of a contract with another.
[Amended 3-23-2010 by L.L. No. 7-2010]
In addition to any civil penalties imposed by the Director pursuant to this article or pursuant to any provisions of any County local law, County resolution, or County ordinance pertaining to consumer affairs, consumer protection, or any matter subject to the jurisdiction of the Department, including, but not limited to, Chapter
387, Consumer Protection, of the Suffolk County Code, any person who shall conduct a business licensed by this article without obtaining a license therefor or who shall continue to engage in such licensed business after having had a valid license suspended or revoked shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both. Each such violation shall be deemed a separate offense.
Upon application of the Director, the County Attorney or the
District Attorney may commence an action in the name of the County
to restrain, prevent and enjoin a violation of this article or any
rule or regulation promulgated hereunder or any continuance of such
violation.
The action of the Director in adjudging fines or suspending,
revoking or refusing to issue or renew a license may be reviewed by
a proceeding brought under and pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York.