[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 12-20-2011 by L.L. No. 5-2012]
A.
This Legislature hereby finds and determines that the County of Suffolk
licenses and regulates home improvement contractors. This Legislature
also finds and determines that while the majority of home improvement
contractors operating in Suffolk County are upstanding businessmen
who are licensed and insured, there are others who try to evade regulation.
This Legislature further finds and determines that operating as a
home improvement contractor without a license or with a revoked license
is a violation of County law, subject to a fine of up to $750 for
a first violation, with fines up to $1,500 for each subsequent violation.
This Legislature finds that some home improvement contractors also
violate New York State Penal Law by defrauding or stealing from their
customers. This Legislature determines that the public should have
access to information on unscrupulous home improvement contractors
so that they can avoid falling prey to such contractors' illegal
actions. This Legislature also finds that the Department of Consumer
Affairs should establish and maintain an online registry listing the
business information of home improvement contractors who have been
found to be in grievous violation of the County's licensing laws.
As used in this article, the following terms shall have the
meanings indicated:
The commission of the following enumerated crimes: petit
larceny, as defined in the New York State Penal Law ("Penal") § 155.25;
grand larceny in the fourth degree, as defined in Penal § 155.30;
grand larceny in the third degree, as defined in Penal § 155.35;
grand larceny in the second degree, as defined in Penal § 155.40;
grand larceny in the first degree, as defined in Penal § 155.42;
false advertising, as defined in Penal § 190.20; scheme
to defraud in the second degree, as defined in Penal § 190.60;
scheme to defraud in the first degree, as defined in Penal § 190.65.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
[Amended 3-27-2012 by L.L. No. 27-2012]
A registry is hereby established which shall contain the names,
addresses and licensing information for persons operating in any profession
licensed by the County of Suffolk who have been fined for operating
without a valid license, had their licenses revoked, or have been
convicted of a fraud or theft crime against their customers. The Department
of Information Technology and the Department of Consumer Affairs are
hereby directed to establish public online access for this registry.
[Amended 3-27-2012 by L.L. No. 27-2012]
A.
Any person who operates in any profession licensed by the County
of Suffolk and has been fined for operating without a license, has
had his or her license revoked, or has been convicted of a fraud or
theft crime against a customer must register with the Department of
Consumer Affairs within 15 days of receiving such an administrative
determination or conviction.
B.
Each person required to register with the Licensed Professions Wall
of Shame Registry shall submit:
C.
Each person required to register with the Licensed Professions Wall
of Shame Registry shall remain on the registry for the duration of
his/her noncompliance with the County's licensing laws. Individuals
who have been convicted of a fraud or theft crime shall remain on
the Licensed Professions Wall of Shame Registry for a period of five
years following their release from incarceration or the date judgment
was rendered, whichever is later.
D.
The Department of Consumer Affairs shall be authorized to provide
the most recent information it has for any person who has been cited
for operating without a license or has had his/her license revoked
and has failed to register in accordance with this article. Such person
shall be found in violation of this article for failure to register.
The Commissioner of the Suffolk County Department of Consumer
Affairs is hereby authorized and empowered to promulgate such rules
and regulations necessary to implement this article.
[Amended 3-27-2012 by L.L. No. 27-2012]
Any person required to register with the Licensed Professions
Wall of Shame Registry who fails to do so shall be charged with an
unclassified misdemeanor and shall be punished by incarceration in
a correctional facility for not more than one year and/or a fine of
up to $1,000.
[Amended 3-27-2012 by L.L. No. 27-2012]
This article shall apply to all persons in violation of the licensing laws for licensed professions codified in Chapter 563 of the Suffolk County Code on or after the effective date of this article.
