Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay as Ch. 15 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical licenses — See Ch. 107.
Oil storage and handling — See Ch. 164.
Peddling and soliciting — See Ch. 173.
Plumbing — See Ch. 180.
Places of public assembly — See Ch. 183.
Shellfishing — See Ch. 196.
Towing — See Ch. 221.
Vehicles for hire — See Ch. 236.

§ 147-1 Legislative findings.

It is hereby declared and found by the Town Board that various provisions of this Code and other ordinances of the town require that licenses or permits be issued for various occupations and business activities. It is further declared and found that the procedure for the issuance and revocation of such licenses or permits should be as uniform as possible in order to promote the conduct and administration of businesses in the town.

§ 147-2 Scope.

Except as otherwise expressly provided by this Code or other ordinances of the town which requires a license or permit, this chapter shall govern the procedure for the issuance, suspension and revocation of licenses which are required by the various provisions of this Code or other ordinances of the town. In the event of a conflict between the provisions of this chapter and another provision of this Code or other ordinances of the town which expressly requires a license or permit to be issued, the provisions of this Code or other ordinances shall prevail.

§ 147-3 Clerk to be license commissioner.

The Town Clerk is hereby designated license commissioner of the town, with the authority to make such rules and regulations and to conduct investigations and hearings in relation to the issuance, amendment, termination, cancellation, revocation and suspension of licenses or permits required by the provisions of this Code or other ordinances of the town, except for those licenses or permits required by the provisions of this Code or other ordinances of the town to be issued by another department, division or agency.

§ 147-4 Authority to issue or deny.

The license commissioner shall have the authority, without a hearing, to issue or deny an application for a license or permit sought to be issued in conformance with this chapter.

§ 147-5 Applications.

Applications for licenses or permits to be issued by the license commissioner pursuant to this chapter shall contain the information specified by the provisions of this Code or other ordinance requiring the license or permit, or as the Town Board may prescribe, and shall be in the form prescribed by the provisions of this Code or other ordinance requiring the license or permit. In the event that the provisions of this Code or other ordinance requiring the license or permit prescribes that documents accompany the license or permit application, such documents shall be submitted with the application for the license or permit.

§ 147-6 Fees.

The fees for licenses or permits to be issued in conformance with this chapter shall be in the amount prescribed by the provisions of this Code or other ordinance requiring the license or permit.

§ 147-7 Grounds for denial.

A. 
The license commissioner may deny a license or permit sought to be issued pursuant to this chapter if he shall find that the requirements governing the issuance of the license or permit, as prescribed either by this chapter or the provisions of this Code or other ordinance requiring the license or permit, or that the rules and regulations governing the issuance of the license or permit have not been sufficiently complied with by the applicant therefor.
B. 
In addition to the provisions of Subsection A, the license commissioner may deny a license or permit sought to be issued for the following reasons:
(1) 
If the applicant or, if the applicant is a firm or corporation, any of its members or officers or the person designated to manage or supervise the business, shall have been convicted of a misdemeanor or felony, which in the judgment of the license commissioner renders the applicant unfit or undesirable to carry on the trade or occupation involved; or
(2) 
The license commissioner may also refuse a license or permit to any person who in his judgment shall be an undesirable person or incapable of properly conducting the activity, trade or business desired.

§ 147-8 Expiration.

Except as otherwise expressly provided by the provisions of this Code or other ordinances of the town requiring a license or permit, a license or permit issued pursuant to the provisions of this chapter shall expire on the last day of December next following the issuance of the license.

§ 147-9 Posting and display.

Each person to whom a license or permit is issued pursuant to the provisions of this chapter shall display the license or permit in a conspicuous place at his place of business; however, when the licensee or permittee does not have a fixed place of business, he shall carry the license issued pursuant to this chapter upon his person at all times while engaged in the licensed or permitted business or occupation, and shall, upon demand, display the license or permit issued pursuant to this chapter to any official of the town or to any police officer of the county.

§ 147-10 Denials of renewals.

[Amended 11-15-1977]
A. 
The license commissioner may deny renewing a license or permit if he shall find that the requirements governing the issuance of the license or permit, as prescribed either by this chapter or the provisions of this Code or other ordinance requiring the license or permit, or that the rules and regulations governing the issuance of the license or permit, have not been sufficiently complied with by the applicant thereof.
B. 
In addition to the provision of Subsection A, the license commissioner may also refuse to renew a license or permit for any person who in his judgment shall be an undesirable person or incapable of properly conducting the activity, trade or business desired. Factors adversely reflecting upon an applicant's character and responsibility may include whether the applicant has violated any local law, ordinance, rule or regulation of the town or has been convicted of a violation of the Vehicle and Traffic Law of the State of New York or of any crime or was guilty of making a false statement or misrepresentation in his application.

§ 147-11 Revocations and suspensions.

Any license or permit issued pursuant to the provisions of this chapter may be revoked or suspended by the license commissioner after a hearing upon notice, and the making of findings, as provided in this section.
A. 
The license commissioner may revoke any license or permit granted pursuant to the provisions of this chapter, or suspend it for a period not to exceed 90 days, upon making a finding after the hearing provided for in this section of the existence of one or more causes therefor.
B. 
Temporary suspensions. The license commissioner, upon receiving information giving him reasonable cause to believe that the holder of any license or permit issued pursuant to this chapter has violated any provision of this chapter or of the provisions of this Code or other ordinance requiring the license or permit or has been convicted of any crime or misdemeanor involving moral turpitude or has been charged with any such crime or is guilty of having made a false statement or misrepresentation in his application, may forthwith temporarily suspend the license or permit until a hearing can be held by the license commissioner.
C. 
Notice. A notice of hearing to be held by the license commissioner for the revocation or suspension of any license or permit issued pursuant to this chapter shall be given personally to the licensee or permittee, or in writing. The notice in writing shall be forwarded by ordinary mail in a securely sealed and postage prepaid envelope to the licensee or permittee at his last known address. It shall be placed in the hands of the United States Post Office authorities not less than five days prior to the hearing date. The notice shall advise the licensee or permittee of the time when and the place where the hearing is to be held, and shall contain a concise statement of the reason for the holding of the hearing.
D. 
Hearing procedure; findings. Rules of law with respect to the admissibility of evidence in the conduct of hearings held pursuant to this chapter shall not apply at the hearing. The license commissioner shall make a record of such findings as he deems to be justified by all the evidence presented at the hearing, and his findings shall be conclusive as to all matters of fact.
E. 
Grounds. The grounds for the revocation or suspension of a license or permit issued pursuant to this section are as follows:
(1) 
A broad misrepresentation or a false statement contained in the application for the license or permit.
(2) 
Fraud, misrepresentation or false statements made in the course of carrying on any business or activity which is licensed or permitted.
(3) 
Any violation of this chapter or the provisions of this Code or other ordinance requiring the license or permit.
(4) 
Conviction of the licensee or permittee of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting, by the licensee or permittee, of any business activity which is regulated by the provisions of this Code or other ordinance requiring the license or permit in such a manner as to constitute a breach of the peace or to endanger the health, safety or general welfare of the public.
F. 
Abatements.
[Added 7-25-1986]
(1) 
At any time prior to receipt of the license commissioner's findings, the license commissioner may enter into a stipulation with a licensee or permittee whereby the latter agrees to discontinue the acts or practices which are violative of the terms or conditions of the license or permit issued, and provide such other and further relief to which the licensee or permittee may agree. Such stipulation shall be admissible as evidence to provide the basis for a finding of fact in any subsequent proceeding brought by the license commissioner against such permittee or licensee involving the same or similar violations.
(2) 
Upon a record composed of the notice of hearing and the stipulation or agreement, if the stipulation or agreement is entered into prior to the service of a notice of hearing, the license commissioner may make findings consented to by the licensee or permittee which shall have the same force and effect as findings after a hearing.

§ 147-12 Penalties for offenses.

[Added 2-25-1986]
In addition to other provisions of this Code or other ordinances of the town which expressly provide for penalties for violations thereof, the license commissioner may, pursuant to this chapter, provide for a civil penalty not to exceed $2,500 for the first violation by any licensee or permittee who violates any of the provisions or fails to perform any duty or condition imposed by said license or permit issued pursuant to this Code. In the case of a second and any further violations of the provisions, duty or conditions of a license or permit issued pursuant to this Code, the liability for a civil penalty shall not exceed $5,000.

§ 147-13 Appeals.

Any person aggrieved by the license commissioner's denial of a license or permit sought pursuant to this chapter or a licensee or permittee whose license has been revoked or suspended pursuant to this chapter shall have the right to appeal to the Town Board for a review of the determinations of the license commissioner.
A. 
Form and filing.
(1) 
An appeal made pursuant to this chapter to the Town Board shall be in writing, signed and acknowledged, and shall state the grounds on which the appellant claims that the determination of the license commissioner was erroneous.
(2) 
The appeal shall be filed with the license commissioner by the appellant within 20 days after notice of the adverse determination of the license commissioner has been mailed to the licensee or permittee or delivered to the licensee or permittee in person.
(3) 
Upon the filing of the appeal with the license commissioner, the Town Board shall hold a hearing thereon as provided in this section.
B. 
Date, time and place of hearing generally. The hearing before the Town Board shall be held on a date and at a place and hour designated by the Town Board.
C. 
Notice of hearing.
(1) 
The license commissioner shall give notice of the hearing to be held before the Town Board pursuant to this section, stating the name and address of the license or permit applicant or licensee or permittee concerned; the subject matter of the hearing; and the date, place and hour designated therefor, by mailing a copy thereof to the applicant, licensee or permittee concerned at the address shown upon the most recent application of the applicant, licensee or permittee, at least 10 days before the hearing.
(2) 
In case the hearing is to be a public hearing, the notice required in Subsection C(1) of this section shall also be published at least once a week for two successive weeks in a newspaper of general circulation in the town, the first publication to be at least 10 days before the date fixed for the public hearing.
D. 
Legal counsel. The applicant, licensee or permittee appealing to the Town Board pursuant to this section shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
E. 
Witnesses at hearing to be sworn. All witnesses at a hearing held pursuant to this section shall be sworn and examined under oath.
F. 
Scope of review by Town Board. At a hearing held pursuant to this section, the Town Board shall consider the record before the license commissioner, the license commissioner's findings and determination and, in its discretion, may receive new or additional evidence.
G. 
Discretionary authority of Town Board. The Town Board, after a hearing pursuant to this section, may confirm the action of the license commissioner or set aside the determination of the license commissioner to such an extent as the Town Board in its discretion deems just and proper.