It shall be unlawful for any owner of any taxicab or limousine
to permit it to be operated upon the public highways of the Town without
having first obtained, and having then in force, an owner's license
therefor as provided in this article.
Application for a license required by this article shall be
made to the Town Clerk as license commissioner, in writing, and shall
be on a form and contain such information and be accompanied by such
documents as the Town Board may require.
A.
Each applicant for a license required by this article and each member
thereof, if an unincorporated association, and any officer, director
or stockholder, if a corporation, shall at the time of submitting
his application also:
[Amended 5-10-1977; 4-25-2006 by L.L. No. 6-2006]
(1)
Submit two individual photographs of himself taken within 30 days
prior to the date of the application, 1 1/2 inches by 1 1/2
inches in size, and such pictures must be a true likeness of the applicant,
and must show only the neck, shoulders and uncovered head.
(2)
A copy of the applicant's fingerprints shall be duly submitted to
the New York State Division of Criminal Justice Services. Any fees
required for fingerprinting shall be the responsibility of the applicant.
[Amended 6-15-2021 by L.L. No. 9-2021]
B.
The photographs and fingerprints may be specifically waived by the
Town Clerk upon showing facts which in his discretion warrant the
waiving of these requirements.
[Amended 12-3-1974; 2-8-1977; 5-10-1977; 11-15-1977; 12-11-1990; 4-25-2006 by L.L. No. 6-2006]
The fees for filing applications pursuant to this article, which
shall be paid to the Town Clerk at the time the application is filed,
shall be in the amount indicated in the Town of Oyster Bay Town Clerk
Fee Schedule as approved by the Town Board.
No license shall be issued or renewed under this article which
shall permit the use of any vehicle as a taxicab or limousine unless
and until the vehicle has been inspected pursuant to this chapter
and certified to the Town Clerk as conforming to the provisions of
this chapter.
[Amended 1-9-1979]
Each applicant shall, before the issuance to him of a license
under this article, file with the Town Clerk a memorandum of insurance
that the applicant and each motor vehicle licensed is insured against
public liability in 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.
Before making any findings as to whether public convenience
and necessity justify the issuance of a license required by this article
or the licensing of additional taxicabs, the Town Clerk shall cause
to be published in a newspaper of general circulation in the Town
a notice stating that application has been made for the licensing
of a vehicle or vehicles as taxicabs, the number of vehicles for which
the application has been made, and containing a statement that written
arguments as to whether public convenience and necessity require the
licensing of such vehicles must be filed with the Town Clerk on or
before the date fixed therein, which date must be not less than eight
days after the date of the publication. Any arguments so filed must
be considered by the Town Clerk in making his findings as to public
convenience and necessity.
The Town Clerk may in his discretion, before the issuance of
a license required by this article, require the applicant and any
others 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.
In making the findings necessary to issue a license required
by this article, the Town Clerk shall take into consideration the
number of taxicabs already in operation in the Town, particularly
in the area in which the applicant proposes to locate his depots and
terminals; whether existing transportation is adequate to meet the
public need; the probable effect of additional taxicabs on local traffic
conditions; the character, experience and responsibility of the applicant;
and the adequacy of the service which the applicant proposes to give.
A.
If the Town Clerk shall find that further taxicab service in the
Town, and particularly in the area in which the applicant proposes
to operate, is required by public convenience and necessity and, from
the statements contained in the application for a license required
by this article and upon completion of any investigation deemed necessary
that the applicant is qualified and able to perform such public transportation
and to conform to the provisions of this chapter and the rules and
regulations adopted under this chapter, then the Town Clerk, upon
certification of each taxicab proposed to be operated by the applicant
pursuant to an inspection made pursuant to this chapter and the furnishing
by the applicant of proof of insurance as required by this article,
shall issue a license stating the name and address of the applicant;
the date of the issuance thereof; the number of vehicles the applicant
is authorized to operate; the numbers of the license medallions assigned
to such vehicles; and at the same time, the Town Clerk shall issue
for each vehicle licensed pursuant to this article, a license card
bearing the words "Licensed Taxicab." an assigned number, and the
date of expiration of the license, together with a license medallion
bearing a like number and the words "Licensed Taxicab"; otherwise
such application shall be denied.
B.
If the Town Clerk shall find from the statements contained in the
application filed pursuant to this article, and upon the completion
of any investigation that an applicant for an owner's license or for
a supplementary owner's license for a limousine or limousines is qualified
and able to conduct the business of operating the limousine or limousines
and to conform to the provisions of this chapter and the rules and
regulations adopted under this chapter, then the Town Clerk, upon
the certification of each limousine proposed to be operated by the
applicant pursuant to this chapter and the furnishing by the applicant
of proof of insurance shall issue a license stating the name and address
of the applicant, the number of vehicles the applicant is authorized
to operate and the date of the issuance thereof, and at the same time
the Town Clerk shall issue for each vehicle licensed hereunder, a
license card bearing the words "Licensed Limousine," an assigned number
and the date of expiration of such license, otherwise such application
shall be denied.
[Added 10-4-1988]
The Town Clerk shall not issue any license under this article
or having issued such license may revoke or suspend the same after
written notice and a hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Any violation of this chapter.
(3)
Conviction of any crime or misdemeanor involving:
(a)
A felony involving the use of a vehicle by the applicant within
the last three years, except as otherwise specifically hereinafter
provided.
(b)
A crime involving the manufacture, knowing transportation, possession,
sale or habitual use of amphetamines, a narcotic drug, a formulation
of an amphetamine or a derivative of a narcotic drug.
(c)
Operating a vehicle while under the influence of alcohol, an
amphetamine, a narcotic drug, a formulation of an amphetamine or a
derivative of a narcotic drug.
(d)
Leaving the scene of an accident.
(e)
A crime against or involving children.
Each license issued pursuant to this article shall be signed
at the direction and in the name of the Town Clerk, and sealed with
the Seal of the Town.
Each license issued pursuant to this article shall be issued
as of the day of the granting thereof, and shall expire on the last
day of February next succeeding, unless sooner suspended or revoked.
A.
Each owner licensed under this article who shall desire to add to
the number of taxicabs he is then operating shall file with the Town
Clerk a written application, under oath, stating:
(1)
The name and address of the applicant.
(2)
The applicant's owner's license number.
(3)
Any facts which the applicant believes tend to prove that the public
convenience and necessity require such an addition.
(4)
A description of each additional taxicab, including the make; model;
passenger seating capacity; year of manufacture; state registration
number; and motor number.
B.
If the Town Clerk shall find that the addition of such taxicab or taxicabs is required by the public convenience and necessity and that the applicant has complied with the requirements of § 236-18, then he shall issue a supplementary owner's license, stating the name and address of the applicant; the number of the license medallion assigned to such vehicle; and the date of issuance thereof, and at the same time the Town Clerk shall issue for each vehicle licensed pursuant to this section a license card bearing the words "Licensed Taxicab," an assigned number and the date of expiration of such license; otherwise the application shall be denied.
Any license issued pursuant to this article may be renewed annually
for additional periods of one year each from the date of expiration,
upon the filing of an application containing all the information required
for an initial license, except the facts with respect to public convenience
and necessity, in the same manner as the approval of an initial license,
and upon the approval of the Town Clerk except as to the finding of
public convenience and necessity.
[Amended 6-15-2021 by L.L. No. 9-2021]
A.
No owners' license shall be transferred or assigned except upon approval
by the Town Clerk based on a written application to the Town Clerk.
B.
An owners' license holder shall give written notice to the Town Clerk
within 10 days of any change of address or phone number.
C.
For purposes of this section, the transfer or assignment of an owners'
license shall mean any change in the identity of the entities, individuals
or group owning the owners' license or which directly or indirectly
directs, or has the power to direct, the management and policies of
said owner, whether through the ownership of voting securities or
other equity interest, by contract or otherwise. Without limiting
the generality of the foregoing, for purposes hereof, such a transfer
or assignment shall be deemed to have occurred at any point in time
when there is:
(1)
Any change in actual working control (by whatever manner exercised)
or in the effective control of the owner on the medallion;
(2)
An agreement of the holders of voting stock or rights of the owner,
which effectively vests or assigns policy decisionmaking in any person
or entity other than the owner;
(3)
A sale, assignment or transfer of any shares or interests in the
owner, which results in a change in the control of the owner; or
(4)
A change in limited partnership, limited liability corporation or
similar interest representing 10% or more of an equity interest in
the owner.
The Town Clerk shall keep a record of the name and address of
each person to whom a license has been issued pursuant to this article,
showing the date and number of the license; all renewals, suspensions
and revocations thereof; and a record of each taxicab or limousine
licensed pursuant to this article, stating the make, model, passenger
seating capacity, year of manufacture, state registration number and
motor number thereof; and the name and address of the person owning
the taxicab or limousine.
No person licensed pursuant to this article shall change his
place of terminal without written permission granted by the Town Clerk.
Each person licensed pursuant to this article shall, upon the
sale or other disposition of a licensed taxicab or limousine, within
24 hours, notify the Town Clerk of the sale or other disposition and
surrender the license and medallion issued for the vehicle.
It shall be unlawful for any person to refuse to surrender a
license or medallion issued pursuant to this article to the Town Clerk
upon demand, after the license has been suspended, revoked or expired.
