A.
It shall
be unlawful for any owner of any vehicle to permit the same to be
operated as a taxicab, limousine, private livery car or private livery
van upon the streets, highways, avenues or public places located within
the Village of Mineola without having first obtained and having then
in force an owner's license therefor as hereinafter provided.
The fact that a vehicle is being operated as a taxicab, limousine,
private livery car or private livery van shall be presumptive evidence
that it is being operated by permission of the owner.
B.
All provisions
of this article which apply to taxicabs, limousines and private livery
vans shall also apply to private livery cars.
C.
Each owner
is strictly liable for the operation of the vehicle.
[Amended 1-19-2000 by L.L. No. 17-2000]
Every owner's license issued hereunder shall be issued
as of the first day of August or subsequent date of issue and shall
expire on the 31st day of July next succeeding such date, unless sooner
revoked by the Taxi Commission.
A.
Every person applying for an owner's license shall file with
the Village Clerk a written application upon forms to be furnished
by the Taxi Commission, verified under oath, stating:
(1)
The name and address of the applicant, specifying, in the case of
any unincorporated association, the names and addresses of each member
thereof, and in the case of any corporation, the names and addresses
of each officer, director and shareholder thereof.
(2)
A complete statement by the applicant, specifying the amounts of
all unpaid judgments against the applicant and the nature of the transaction
or acts giving rise to said judgments and the name and location of
the court in which, and the date on which, each was entered.
(3)
All misdemeanors or felonies of which the applicant and any member
thereof, if an unincorporated association, and any officer, director
and shareholder thereof, if a corporation, has been convicted, stating
the name and location of the court in which, and the date on which,
such convictions were rendered and the sentence imposed therefor.
(4)
The experience in the transportation of passengers of the applicant
and each member thereof if an unincorporated association and each
officer, director and stockholder thereof if a corporation.
(5)
A statement by the applicant establishing that the public convenience
and necessity require the granting of a license.
(6)
If such application shall contain a trade name under which the business
is operated, a certified copy of the certificate thereof on file with
the County Clerk.
(7)
The number of vehicles to be operated by the applicant and a description
of each such vehicle, including the make, model, passenger seating
capacity, year of manufacture, copies of a current New York State
registration of a type which permits the use of the vehicle as a taxicab,
limousine or private livery van, vehicle identification number and,
if it has ever been in any accident, the date and nature of the accident
and a description of the damage done to such vehicle.
(8)
The age and citizenship of the applicant and each member thereof
if an unincorporated association and each officer, director and shareholder
thereof if a corporation.
(9)
The location of any and all taxi stands proposed to be established
by the applicant and terminals proposed to be used by the applicant.
(10)
In the case of a license for private livery cars, a certification
of affiliation with a base which is licensed pursuant to this chapter.
(11)
Any other relevant information which the Village Clerk may require.
B.
The applicant shall be fingerprinted under the direction and supervision
of the Taxi Commission, including, where required by the Taxi Commission,
all members (including all dispatchers employed by the company), directors
and shareholders. The prevailing fee, as determined by the New York
State Division of Criminal Justice Services, for the processing of
said fingerprints shall be charged and collected by the Nassau County
Police Department at the time the fingerprints are taken. The requirements
of this subsection may be waived at the discretion of the Taxi Commission
upon the showing of facts warranting the waiving thereof.
Upon the receipt of any application for an owner's license,
the Taxi Commission shall refer the same to the New York State Division
of Criminal Justice Services for such investigation and report as
it shall deem necessary or desirable.
A.
If the Taxi Commission shall find that further taxicab, limousine or private livery van service in the Village, and particularly in the area in which the applicant proposes to operate, is required by and will serve the public convenience and necessity, the Taxi Commission, upon certification of each vehicle proposed to be operated by the applicant pursuant to § 475-11, shall issue a vehicle license, which shall state the number of the license assigned to each owner. The Taxi Commission shall issue, for each vehicle licensed as a taxicab, a license card bearing the words "licensed taxicab," an assigned number and the date of expiration of such license, together with a license medallion, bearing a like number and the words "licensed taxicab," which shall be affixed to the vehicle by the Taxi Commission.
B.
Before making any finding as to whether public convenience and necessity
justify the issuance of an owner's license, the Taxi Commission
shall cause to be published in a newspaper of general circulation
in the Village of Mineola a notice stating that an application has
been made for the licensing of a vehicle or vehicles as taxicabs,
limousines or private livery vans, the number of vehicles for which
such application has been made and a statement that written comments
as to whether public convenience and necessity require the licensing
of such vehicles may be filed with the Village of Mineola on or before
the date fixed therein, which date must be not less than eight days
after the date of such publication. Any comments so filed must be
considered by the Taxi Commission in making its findings as to public
convenience and necessity.
In making the findings required by § 475-9 with respect to public convenience and necessity, the Taxi Commission shall take into consideration the number of taxicabs, limousines or private livery vans, as the case may be, already in operation in the Village, particularly in the area in which the applicant proposes to locate his stands and terminals; whether existing transportation is adequate to meet the public need; the probable effect of additional taxicabs, limousines or private livery vans on local traffic conditions; the qualifications, character, experience and responsibility of the applicant; and the adequacy of the service which the applicant proposes to give.
A.
Each vehicle operated upon the streets of the Village as a taxicab,
limousine or private livery van shall be kept clean, sanitary, fit
and of good appearance and in a safe condition for the transportation
of passengers.
B.
The Taxi Commission may establish reasonable rules and regulations
for the inspection of taxicabs, limousines or private livery vans
operated upon the streets of the Village, including, but not limited
to, inspections performed at any time under the direction and supervision
of or by an official of the Village of Mineola.
C.
If, following an inspection conducted as described in Subsection B, the inspector shall determine that said vehicle requires an additional New York State motor vehicle inspection, the owner will, within five days of the date of such determination by the inspector, be required to submit a certificate of inspection from an authorized state inspection station that the vehicle meets state safety requirements.
D.
Before a license may be issued for taxicabs, limousines or private
livery vans, the applicant shall submit a certificate showing that
the motor vehicle has been inspected and approved by the New York
State Department of Motor Vehicles.
E.
In addition to the requirements of Subsection C, where the applicant is a corporation which commingles taxicabs, limousines or private livery vans and minibuses or where the applicant makes application to operate only private livery vans in the Village of Mineola, the applicant shall submit a certificate showing that each private livery van has been inspected and approved by the New York State Department of Motor Vehicles.
A.
Every owner licensed under this article who shall desire to add to
or substitute the number of taxicabs, limousines or private livery
vans he is then operating, regardless of whether such additional or
substitute vehicles are currently or have been licensed by the Village
of Mineola, shall file with the Taxi Commission a written application
under oath stating:
(1)
The name and address of the applicant.
(2)
The applicant's owner's license number.
(3)
In the case of an addition, any facts which the applicant believes
tend to prove that the public convenience and necessity require such
addition.
(4)
A description of each such additional or substitute vehicle, including
the make, model, passenger seating capacity, year of manufacture,
copies of a current New York State registration of a type which permits
the use of the vehicle as a taxicab, limousine or private livery van,
vehicle identification number and, if it has ever been involved in
any accident, the date and nature of the accident and a description
of the damage done to such vehicle.
The Taxi Commission may, in its discretion, before the issuance
of a license under this article, require the applicant and any other
person having knowledge of the facts to submit to an examination under
oath and to produce evidence relating thereto or hold a hearing upon
such application as hereinafter provided with respect to any information
or data relevant to the application. The costs of such examination
or hearing shall be paid by the applicant.
A.
Prior to the expiration date thereof, any license issued under this article may be renewed for an additional period of one year from the date of expiration upon the filing of an application containing all the information required by § 475-7, except the requirements of § 475-7A(4), (5), (6) and (9), and the renewal license shall be issued by the Taxi Commission in accordance with the provisions of §§ 475-9, 475-10, 475-11 and 475-15.
B.
Any license not renewed prior to the expiration date thereof shall
be deemed expired and null and void, except for good cause shown.
The Taxi Commission may accept renewal applications within 30 days
after the expiration date thereof.
Each applicant shall, before the issuance to him of a license
under this chapter or any renewal thereof, file with the Taxi Commission
a certificate of insurance that the applicant and each motor vehicle
is insured against public liability in at least the minimum limits
required by the laws of the State of New York for personal injury
and property damage, which insurance shall be maintained in force
during the period covered by the license. Such certificate and insurance
policy shall provide that the Village of Mineola shall be given 30
days' prior written notice of cancellation. Such policy shall
not be canceled or suspended either by the insured or the insurer
unless at least 30 days' notice, in writing, of the intention
to cancel or suspend such policy has been filed with the Taxi Commission,
and, upon suspension or cancellation of insurance, the license of
said operator shall stand suspended until such time as an acceptable
policy or certification of insurance shall be on file with the Taxi
Commission.
[Amended 1-19-2000 by L.L. No. 18-2000]
The owner's license issued hereunder shall not be transferable.
Additionally, no transfer of stock within a corporation or no change
in partners in a partnership may take place without disclosure to
the Taxi Commission and approval of the business changes.
The owner of more than one taxicab, limousine or private livery
van licensed by the Village of Mineola shall have a terminal within
the Village of Mineola for the off-street parking of such vehicles
when not actively in operation. That terminal shall be registered
by the owner with the Taxi Commission, and the owner shall notify
the Taxi Commission of any change in terminal. Such terminal shall
be of sufficient size to accommodate all taxicabs, limousines or private
livery vans assigned to such terminal. In the case of private livery
cars, a required terminal may be the base with which the cars are
affiliated and from which they are dispatched, provided that the requirements
of this section are otherwise met.
