Town of Islip, NY Taxicabs

To obtain a business license required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, upon a form to be furnished by the Town Clerk, which application shall set forth the following information:

(a)

The name and resident address of the applicant and, if applicant is not a natural person, the names and resident addresses of all officers, partners, directors and stockholders (if there are any and that they number 10 or less) of the applicant.

(b)

The make, model, year, mileage, seating capacity, vehicle identification number and license plate number of each vehicle to be used in said taxicab business.

[Amended 5-8-2012]

(c)

The registered owner of each such vehicle.

(d)

The business address of the applicant.

(e)

Proof of insurance as required by § 49-13 of this chapter.

[Added 5-8-2012]

(f)

Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant’s fitness to engage in the business of transportation for hire.

[Added 5-8-2012]

Fingerprints. When the business license application form has been completed, the applicant and, if applicant is not a natural person, all officers, partners, directors and stockholders (if there are any and that they number 10 or less) of the applicant shall submit to being electronically fingerprinted at Long Island MacArthur Airport. Such fingerprints shall be compared against those prints on file with the New York State Division of Criminal Justice Service (DCJS) Record Review Program. The Town Clerk shall secure from the applicant the fee required by the DCJS in the form of a check or money order made payable to the Town of Islip. Applicants shall comply with the application requirements of the DCJS Record Review Program, which requires at least one form of valid photo identification. Valid photo identification shall include U.S. passport (unexpired or expired); permanent resident card; driver's license or photo ID card (issued by U.S. state or territory); or, for a noncitizen, alien registration receipt card.

Need and necessity.

Prior to the issuance of a business license pursuant to this chapter, the Town Clerk shall forward a copy of the application to the Need and Necessity Committee to determine if a license should be issued. The Committee shall consist of three members to be appointed by the Commissioner of the Department of Aviation and Transportation. The Committee shall meet with the applicant and determine the need for the operation of an additional taxicab business within the Town. If it shall determine that there is no need or necessity for an additional taxicab business within the Town, the application shall be denied by the Committee.

After such a denial the applicant shall have the right to appeal the decision of the Committee to the Town Board who shall make the final determination, after a public hearing, as to the need and necessity of an additional taxicab business.

If the Committee finds that there is a need and necessity for an additional taxicab business, it shall so notify the Town Clerk who shall then issue the license.

Form. A business license shall state the name and address of the licensee and a listing of all the taxicabs used in said business by license plate numbers and the dates of the issuance and expiration of said business license.

Fee and term. The Town Board shall, by resolution, adopt a schedule of license and medallion fees as shall be necessary, pursuant to this chapter, and the annual renewal thereof. Such fees shall be collected by the Town Clerk and shall be the fees required under the chapter until the same shall be amended or modified or repealed by a subsequent resolution of the Town Board. No license fee shall be prorated.

[Amended 5-8-2012]

Posting and business office. A business license shall be conspicuously posted, in full public view, in the main office of the licensee. Each applicant for a business license shall maintain a business office within the Town of Islip. A taxi office shall obtain all required use permits as described in Chapter 68, Zoning, and shall obtain a proper certificate of occupancy for any premises prior to issuance of a business license. The proper certificate of occupancy shall be presented to the Town Clerk as part of the application to obtain a business license.

Renewal. Application for the renewal of a business license shall be filed no later than May 1 of each year. The application shall be verified and shall set forth the information listed in § 49-2A of this chapter. Forms for the renewal application shall be supplied by the Town Clerk and shall be requested by the licensee, in writing, no later than April 15 of each year.

§ 49-3 Taxicab license.

It shall be unlawful for any person to operate or permit to be operated a taxicab, from point to point within the confines of the Town of Islip, without having first obtained therefor a taxicab license from the Town Clerk. All taxicabs licensed by the Town of Islip shall have TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles.

Application. To obtain a taxicab license as required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, which application shall set forth the following information:

The name and resident address of the applicant and the registered owner of the vehicle.

The business address from which the taxicab will be used and the business license under which it will be used.

The make, model, year, seating capacity, mileage, vehicle identification number and the license plate number.

[Amended 5-8-2012]

If the vehicle has been previously used as a taxicab and where.

(5)

[Added 5-8-2012]

Form. The taxicab license shall state the name and address of the registered owner; if the vehicle is held under a conditional sales contract, a reserve title contract, a vendor's lien agreement or under a similar sales agreement, the taxicab license shall state the name and address of the person entitled to obtain proper New York State registration for the vehicle in his or her own name. The taxicab license for all vehicles shall also state the seating capacity; the year, make and model; the license plate number; and the business license number under which the taxicab is being operated.

Fee and term. The license fee for each motor vehicle licensed pursuant to this section, and any renewal thereof, shall be nonrefundable and in an amount set by the Town Board. No license fee shall be prorated.

[Amended 5-8-2012]

Posting. The taxicab license shall be conspicuously posted and securely fastened on the interior of such vehicle in such a manner as to be readily visible to a passenger in the rear seat.

Identification sticker.

When issuing a taxicab license, the Department of Public Safety Enforcement shall also deliver to the licensee a sticker bearing the taxicab license number, the vehicle license plate number and the expiration date of the taxicab license. Each such sticker must be securely affixed to the left front quarter panel near the driver's door. The sticker is to remain there and shall be kept clearly visible at all times.

Should this sticker become lost, stolen or destroyed through no fault of the licensee, the Department of Public Safety Enforcement shall issue a duplicate sticker at a fee as set by the Town Board.

Renewal. Application for the renewal of a taxicab license shall be filed no later than May 1 of each year. The application shall be verified and shall set forth the information listed in § 49-3A of this chapter. Forms for the renewal applications shall be supplied by the Town Clerk and shall be requested by the licensee, in writing, no later than April 15 of each year.

§ 49-4 Taxicab driver's license.

It shall be unlawful for any person to drive or operate or, as an owner, to allow any person to drive or operate a taxicab or other motor vehicle engaged in transportation of persons, for hire, from point to point within the confines of the Town of Islip, without having first obtained a taxicab driver's license to drive or operate such a taxicab from the Town Clerk.

Application. To obtain a taxicab driver's license required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, upon a form to be furnished by the Town Clerk, which application shall set forth the following information:

The name and resident address of the applicant.

Any other names ever used by the applicant.

The applicant's place of residence for the past five-year period.

The applicant's age, date of birth, color, height, weight, color of eyes, color of hair, place of birth and citizenship.

(5)

Whether or not the applicant has ever been convicted of a crime and, if so, the details of such conviction. Any conviction for a felony or any conviction for a violation of § 1192 or 1190 of the Vehicle and Traffic Law or of an conviction under Articles 120, 125, 130, 135, 155 or 160 of the New York State Penal Law may act as a bar to the granting of a taxicab driver's license.

(6)

Whether or not the applicant has ever had an "indicated" report of suspected child abuse or maltreatment or has ever had a finding by the Family Court of the State of New York of an act of child neglect or abuse as defined by Family Court Act, Art. 10, or such similar laws as exist in any state or country.

(7)

The applicant's chauffeur's license classification and license number.

(8)

Whether or not the applicant has been previously licensed in such occupation and, if so, the details of where, when and for what period. If such license was ever suspended or revoked, the reason therefor and the date thereof.

(9)

Whether the applicant is a registered Level 2 or Level 3 Sex Offender, as recorded on the Division of Criminal Justice Services Subdirectory maintained pursuant to the Sex Offender Registration Act,[1] or if the applicant has ever been the focus of an "indicated" report to the New York State Central Registry of Child Abuse and Maltreatment or has been found to have neglected or abused a child as defined by New York State Family Court Act Article 10.

[Added 5-8-2012]

[1]

Editor's Note: See Correction Law § 168 et seq.

(10)

Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of transportation for hire.

[Added 5-8-2012]

Taxicab driver's photographs and fingerprints.

All license applications shall be accompanied by two unmounted, unretouched photographs of the applicant, showing head and shoulders, taken within 30 days of the date of the application. Said photographs shall be two inches by two inches in size.

Fingerprints. When the application form has been completed, the applicant shall submit himself to be electronically fingerprinted at Long Island MacArthur Airport. Such fingerprints shall be compared against those prints on file with the New York State Division of Criminal Justice Service (DCJS) Record Review Program. The Town Clerk shall secure from the applicant the fee required by the DCJS in the form of a check or money order made payable to the Town of Islip. Applicants shall comply with the application requirements of the DCJS Record Review Program, which requires at lease one form of valid photo identification. Valid photo identification shall include a U.S. passport (unexpired or expired); a permanent resident card; a driver's license or photo ID card (issued by U.S. state or territory); or, for a noncitizen, an alien registration receipt card.

Form. The taxicab driver's license shall contain the name, address, date of birth, signature and photograph of the licensee. It shall state the dates of issuance and expiration of the license. In addition, there shall be sufficient blank spaces to record any suspension or revocation of the driver's license.

Fee and term. The license fee for each taxicab driver's license issued under this section shall be in an amount set by the Town Board. No license fee shall be prorated.

[Amended 5-8-2012]

Posting. The driver's license shall be conspicuously posted and securely fastened on the visor on the driver's side of the taxicab.

Renewal. Application for the renewal of a driver's license shall be filed no later than May 1 of each year. The application shall be verified on a form furnished by the Town Clerk and shall contain the information required by § 49-4A and all its subsections. The licensee shall request these renewal forms from the Town Clerk, in writing, no later than April 15 of each year. Upon every annual renewal, the licensee shall execute a written affidavit, sworn to under oath, before an officer empowered to administer such oath, that the licensee has not been charged with, nor convicted of, any crime. Upon the licensee's disclosure of such charge or conviction, the Town Clerk shall have the discretion to issue, renew or not. The affidavit to be executed by the licensee shall be preceded by a written warning that knowingly making a false sworn statement constitutes the separate crime of perjury and that the discovery of any false statement will result in the immediate revocation of the license. All licensees are required to notify the Town Clerk within 24 hours of their being charged or convicted of a crime, or found to have committed an act of child neglect or abuse as defined by Family Court Act Article 10, or such similar laws as exist in any state or country. Upon learning that a licensee has been charged with, or convicted of, a crime, or found to have committed an act of child neglect or abuse as defined by Family Court Act Article 10, or such similar laws as exist in any state or country, the Town Clerk shall have the discretionary power to suspend or revoke the subject license. Upon every third annual renewal, the licensee shall again undertake the fingerprint check procedure set forth in § 49-4B(2).

§ 49-5 Duties of taxicab drivers.

A taxicab driver shall:

Keep the interior and exterior of his taxicab clean at all times.

Transport all orderly persons upon request, unless already under hire.

Inform the Town Clerk, in writing, of any change in address within 72 hours.

Thoroughly search his or her taxicab for lost or misplaced items after the discharge of each fare and surrender all items found to the taxicab business office.

Inform the Town Clerk, in writing, within 24 hours of the loss or theft of his driver's license.

Not transport persons without payment of a fare, except the owner of the taxicab or a fellow employee.

Not transport a greater number of persons than the rated capacity of the taxicab as listed on the license.

Maintain a written record of all trips, showing the time and place each passenger engaged the taxicab and the time and place each passenger left the taxicab, as well as the fare charged. The driver shall deliver a copy of this record to the taxicab owner. This record shall be retained by the driver for a period of one month.

Not conduct himself or herself in any manner or way that is either dangerous or offensive to the general public.

Not lease, assign, or otherwise transfer his or her taxicab license.

§ 49-6 Duties of owners.

It shall be the duty of every owner of a taxicab subject to the provisions of this chapter to:

Inspect and repair all damage or malfunction to or in the taxicab each week. All said repairs and maintenance to the taxicab shall not be made while the vehicle is on the public street, public way or public place.

Not allow the taxicab to be used in business if not in proper working condition.

Equip and maintain each taxicab with:

All-season tires or snow tires when there is snow or ice on the streets.

Interior lights, under the control of the driver, which shall fully illuminate the passenger area when a passenger is boarding or alighting from the vehicle.

Vehicle identification. The exact name and telephone number of the business license under which the taxicab is being operated, and the car or vehicle number, shall be conspicuously lettered on each longitudinal side of the exterior of the vehicle in letters at least five inches in height, unless otherwise authorized by the Commissioner of the Department of Aviation and Transportation in writing.

Not allow any unlicensed taxicab driver or other unauthorized person to operate the taxicab, and not lease, assign, or otherwise transfer his or her taxicab license.

Maintain the driver's fare record, which has been delivered to the owner, for a period of one year. If the driver fails to deliver the fare record to the owner, the owner shall request the record from the driver and, if still not delivered, shall inform the Town Clerk of the driver's failure to provide the fare record. The owner shall make such record available to the Town Clerk upon 30 days' written notice to the owner.

Report to the Town Clerk the loss or the theft of the taxicab license, in writing, within 24 hours.

Conspicuously and securely post and maintain a fare schedule within the taxicab and forward a copy thereof to the Town Clerk.

The provisions of Subdivision 50 of § 375 of the Vehicle and Traffic Law are not applicable to taxicabs registered or licensed by the Town of Islip.

Maintain a proper certificate of occupancy for the taxicab business office required by § 49-2E.

Not allow the taxicab to be used in business if it is more than 10 years old or if it has in excess of 250,000 miles on the odometer, effective June 1, 2013, unless the vehicle meets Department of Motor Vehicles requirements and passes New York State inspection.

[Added 5-8-2012; amended 6-9-2015]

Any vehicle carrying in excess of nine passengers, such as a minibus, must comply with New York State Department of Transportation requirements for omnibus and paratransit vehicles.

[Added 5-8-2012]

§ 49-7 License record and seal.

Each license issued pursuant to the provisions of this chapter shall be stamped with the Seal of the Town of Islip.

In addition, the Town Clerk shall keep a record of all licenses issued pursuant to this chapter. Such record shall list the complaints, suspensions and revocations recorded against each licensee and shall be open to view by the public during regular business hours.

§ 49-8 Transfer, lease or assignment of licenses.

It shall be a violation of this chapter for any Person to transfer, assign or lease, or to accept the transfer, assignment or leasing, of any license issued under this chapter from Person to Person or from vehicle to vehicle. Failure to comply with this provision shall be deemed sufficient cause for the revocation or suspension of any license issued pursuant to this chapter and is a violation chargeable against both the transferor, assignor or leaser and transferee, assignee or leasee, as well as against the holder(s) of the taxicab business license.

§ 49-9 Loss of license.

Should any license issued pursuant to this chapter be lost or stolen through no fault of the licensee, the Town Clerk shall issue a duplicate license for a fee to be set by the Town Board.

§ 49-10 Lost and found articles.

All property which is lost or misplaced in the taxicab shall be kept at the address listed on the business license under which the taxicab is operated for a period of 24 hours. After this period, if the property is still not claimed, it shall be brought to the appropriate precinct of the Suffolk County Police Department, and a receipt obtained.

§ 49-11 Posted fare schedule.

It shall be a violation of this chapter to operate or permit to be operated a taxicab, from point to point within the confines of the Town of Islip, unless there is conspicuously posted in the interior of the taxicab a schedule of the fares to be charged for the hire of such vehicle. Such schedule shall be legibly printed on white cardboard or similar material, in easy view of the passenger riding in the back seat and not less than 8.5 inches by 11 inches in size.

This fare schedule shall contain the following information:

The minimum and the maximum fare to be charged within the Town of Islip.

The fare per mile.

Any fare for transportation outside of the Town should be checked with the office.

Cost for waiting time.

(5)

Fare for exclusive, one-passenger service.

(6)

Cost for packages.

The owner or operator of the taxicab will not be allowed to collect a fare greater than that which is posted.

§ 49-12 Inspection.

Each and every taxicab licensed pursuant to the provisions of this chapter shall be subject to inspection by the Town of Islip Department of Public Safety Enforcement. Said inspection shall concern the cleanliness of the taxicab, the required safety equipment, the proper posting of licenses and other items required by this chapter and that the taxicab is in proper working condition.

Should the taxicab be found to be operating while in an unclean or unsafe condition or without the equipment and posted items required by this chapter, the driver shall be issued a warning summons by the Department of Public Safety Enforcement. Such summons shall state the violation that has been discovered, and the summons shall further state that corrective measures shall be taken within 48 hours. Proof that the violation has been corrected or repaired shall be presented to the Division of Special Services within the forty-eight-hour period.

If such proof is not received, the Department of Public Safety Enforcement shall promptly notify the Town Clerk. The Town Clerk shall mail to the owner of the taxicab by registered mail, to the business address listed on the application, notice of a suspension hearing regarding the taxicab license and the date of that hearing, along with notice that the taxicab license has been temporarily suspended pending the hearing.

§ 49-13 Liability insurance; proof required.

[Amended 5-8-2012]

Business owners.

Owners shall, prior to issuance of their licenses and/or certificates of operation, file with the Town Clerk memoranda of insurance for the business, insurance for each vehicle used therein and workers' compensation insurance.

The memoranda shall set forth the following information:

(a)

That the business and each vehicle is insured against public liability in the minimum amounts 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.

[Amended 6-9-2015; 5-24-2016]

(b)

Each applicant shall, before the issuance to him of a license under this chapter or any renewal thereof, file with the Town Clerk a certificate of insurance that the applicant and each motor vehicle is insured against public liability in the amounts set forth in Subsection A(2)(a) above 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 Town of Islip 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.

(c)

That said insurance company shall provide the Town of Islip with 30 days' prior written notice of cancellation.

(d)

The name, local address and telephone number of the insurance agent.

Cancellation. If said insurance is suspended or canceled for any reason whatsoever, the business license and all certificates of operation for each vehicle shall be suspended until such time as a reinstatement of said policy or memorandum of an acceptable, current and valid policy is filed with the Town Clerk.

Vehicle operator. Operators while in possession of a vehicle are responsible for having the valid, current insurance card for said vehicle issued to the business and/or vehicle owner with them at all times.

§ 49-14 License fees, expirations and renewals.

[Amended 5-8-2012]

Regular fees. The Town Board shall, by resolution, adopt a schedule of the following fees necessary, pursuant to this chapter, and the annual renewal thereof. Such fees shall be collected by the Town Clerk at the time applications are presented for issuance, replacement, substitution, processing, waiver or hearing and shall be the fees required under the chapter until the same shall be amended or modified or repealed by a subsequent resolution of the Town Board.

For a business license.

For a taxicab license for each motor vehicle.

For a taxicab driver license.

For processing by the Town of fingerprints, when applicable, in addition to the New York State Division of Criminal Justice Services fee.

Late fees. The following additional fees shall be set by Town Board resolution and collected by the Town Clerk at the time applications are presented for renewal when said applications are made less than 10 days before the expiration date thereof.

For a business license.

For a taxicab license for each motor vehicle.