[Added 4-10-2018 by G.O. No. 4-2018]
As used in this article, the following terms shall have the meanings indicated:
CONTRACTOR
Any person, other than a bona fide employee of the owner, who owns or operates a snow removal business or who undertakes or offers to undertake or agrees to perform any snow removal, whether or not such person is licensed or subject to licensing requirement of this article and whether or not such person is a prime contractor or subcontractor with respect to the owner.
DIRECTOR
The Director of the Office of Licensing.
LICENSEE
A person permitted to engage in the snow removal business under the provisions of this article.
OWNER
Any person who orders, contracts for or the person entitled to the performance of the work of a contractor pursuant to a snow removal contract.
PERSON
An individual, firm, partnership, association or corporation.
SNOW REMOVAL
Any removal of snow by use of a motor vehicle, including, but not limited to, a pick-up truck or sports utility vehicle with an attached plow. For the purposes of this article, snow removal shall also include the dispersement of salt or other anti-ice or de-icing agent with the use of a motor vehicle.
SNOW REMOVAL CONTRACT
An agreement between a contractor and an owner for snow removal, and includes all labor, services and materials to be furnished and performed thereunder.
No person shall engage in removing, dumping, heaping, throwing, blowing or plowing snow from residential, commercial or industrial properties, or from spreading a de-icing/anti-icing agent from said properties, by means of a motor vehicle for which a contract or agreement for services has been established orally or in writing by means of an invoice, sales receipt or other competent evidence, unless such person is licensed therefor pursuant to this article. The license fee shall be waived for any holder of a home improvement license pursuant to Article XIV of this chapter.
Except when otherwise specifically exempted by the provisions of this article, no person shall engage in the act of snow removal unless authorized to do so by a license issued in accordance with the provisions of this article.
A. 
If the applicant does not maintain a bona fide establishment at a definite location within the State of New York, the applicant shall designate the City Clerk of the City of Yonkers as agent for the service of process and the address to which the City Clerk shall mail all process served upon the applicant pursuant to this section of this article. The City Clerk shall promptly, upon receipt of such process, forward the same to the licensee at the address designated for that purpose. In the event that the licensee is a corporation, service shall not be made on the City Clerk, but may be made on the Secretary of State of the State of New York as otherwise provided by law. Nothing herein contained shall be construed so as to prevent service of process upon the licensee in any other manner provided by the laws of the State of New York.
B. 
An applicant for a snow removal license must be the real owner and possess title to or be entitled to the possession of the establishment and will conduct, operate, engage in and transact a snow removal business and must so demonstrate to the Director. The applicant must also furnish to the Director satisfactory evidence of a good moral character and financial responsibility.
C. 
The applicant shall furnish a certificate from an insurance company licensed to do business in the State of New York, evidencing that the applicant and any motor vehicles are covered by a general liability and personal injury in the minimum amount of $100,000 for any person and the minimum amount of $300,000 for any one accident and property damage insurance in the minimum amount of $25,000 and also provide evidence that the employees of the applicant are covered by worker's compensation or by an exemption certificate meeting the requirements of the State of New York and containing a ten-day notice of cancellation clause directed to the Director, before any license hereunder shall be issued.
A. 
All licenses, except temporary licenses, shall be for a period of two years from the date of issuance and shall expire on the last day of the 24th month following issuance.
B. 
No license shall be assignable or transferable except as hereinafter provided. A license to conduct a snow removal business issued to an individual may be assigned or transferred for the remainder of the license period to a partnership or corporation, if such individual is a member of such partnership or a stockholder of such corporation owning not less than 25% of the outstanding stock at the time of such assignment or transfer. A license issued to a partnership may be assigned or transferred for the remainder of the license period to any member of such partnership, provided that the transferee obtains the consent of all other members of such partnership. The application for such transfer or assignment must be accompanied by proof satisfactory to the Director that the requirements herein provided have been complied with. No assignment or transfer shall become effective unless and until the endorsement of the transfer or assignment has been made on the face of the license by the Director and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made upon payment of a fee of $10.
C. 
Each license issued pursuant to this article shall be posted and kept posted in some conspicuous place in the snow removal business.
D. 
Any license, except a temporary license, which has not been suspended or revoked may, upon the payment of the renewal fee prescribed by this article, be renewed for an additional period of two years from its expiration, upon filing of an application for such renewal on a form to be prescribed by the Director. Failure to make application for such renewal within 15 days prior to the expiration date of the license shall subject the licensee to a penalty of $25, which shall be paid prior to the issuance of the renewal.
E. 
A duplicate license may be issued for one lost, destroyed or mutilated, upon application therefor on a form prescribed by the Director and the payment of the fee prescribed therefor by this article. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the one it replaces.
F. 
A supplementary license may be issued for each additional place of business maintained by a licensee within the City of Yonkers upon application therefor on a form prescribed by the Director and the payment of the fee prescribed therefor by this article. Each such supplementary license shall have the word "supplementary" stamped across the face thereof and shall bear the same number as the original.
G. 
Each licensee shall receive, affix and display, on the left fender of each vehicle and on the left rear fender of any trailer regularly used in the course of its business, an identification decal issued by the Office of Licensing. Three decals shall be issued for each license. Additional decals for vehicles registered to the license and used for the purposes as described under this article may be obtained from the Office of Licensing for an additional fee of $10 per decal.
All vehicles of licensees conducting business in the City of Yonkers shall display on the sides of the body of the vehicle, in permanent letters legibly printed, stamped or enameled at least eight inches in height and 1 1/2 inches in width, or on a sign attached to the sides of the vehicle or prominently displayed on an enamel sign at least two feet by three feet in size permanently attached to the vehicle the name, address and phone number of the owner.
A. 
The fee for a snow removal license shall be $400, and for each renewal thereof, the fee shall be $400.
B. 
The fee for issuing each supplementary or duplicate license for one lost, destroyed or mutilated shall be $25.
C. 
The fees hereinabove set forth shall be those for licenses issued for the license period of two years.
D. 
The Director shall refund the fee paid by any applicant in the event that the application for a license is denied or the applicant for the license has predeceased its service prior to its issuance. Such refunds shall, upon approval by the Director and after audit, be paid from any moneys received pursuant to this article.
E. 
Licenses of all contractors shall expire two years from the date of issuance unless the license is renewed after the original license has expired.
A. 
When an application has been filed with the Director in proper form, the Director shall, within a period of 90 days from the date thereof, issue or refuse the appropriate snow removal license to the applicant. If an applicant for a license is refused, the Director shall send to the applicant a written statement setting forth the reason for the refusal to grant the license.
B. 
The Director shall prescribe and furnish such forms as are appropriate in connection with applications for licenses and the issuance, renewal or termination thereof.
C. 
An applicant for any license required by the provisions of this article shall file with the Director a written application which shall be signed and under oath.
D. 
The Director at any time may require reasonable information of an applicant or licensee, including but not limited to the applicant's true identity, personal history, history in snow removal and other businesses, the names of owners, stockholders, partners, directors and officers of any applicant and the business address and trade name of the applicant.
In addition to the powers and the duties elsewhere prescribed in this article, the Director shall have power to:
A. 
Examine into the qualifications and fitness of applicants for licenses under this article.
B. 
Keep records of all licenses issued, suspended or revoked.
C. 
Adopt such rules and regulations not inconsistent with the provisions of this article as may be necessary with respect to the form and content of applications for licenses, the reception thereof, the investigation and examination of applicants and their qualifications and other matters incidental or appropriate to his powers and duties as prescribed by this article and for the proper administration and enforcement of the provisions of this article, and to amend or repeal any of such rules and regulations.
License to conduct, operate, engage in and transact a snow removal business may be refused, suspended or revoked by the Director for any one or more of the following causes:
A. 
Fraud, misrepresentation or bribery in securing a license.
B. 
The making of any false statement as to a material matter in any application for a license.
C. 
The person or the management personnel of the contractor are untrustworthy or not of good character.
D. 
The business transactions of the business have been marked by a practice of failure to perform its contracts or the manipulation of assets or accounts, or by fraud or bad faith.
E. 
Failure to display the license as provided in this article.
F. 
Violation of any provision of this article or of any rule or regulation adopted hereunder.
A. 
The following acts are prohibited:
(1) 
Abandonment or willful failure to perform, without justification, any snow removal contract undertaken by the business.
(2) 
Making any substantial misrepresentation in the procurement of a snow removal contract, or making any false promise likely to influence, persuade or induce.
(3) 
Directly or indirectly publishing any advertising relating to snow removal which contains an assertion, representation or statement of fact which is false, deceptive or misleading, provided that any advertisement which is subject to and complies with the existing rules, regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive or misleading; or advertising by any means or purporting to offer the general public any snow removal work or the price of such work containing an assertion, representation or statement of fact which is false, deceptive or misleading.
(4) 
Willful or deliberate disregard and violation of the building, sanitary and health laws of this state or any political or municipal subdivision thereof.
(5) 
Willful failure to notify the Director within 10 days after any change of control in ownership, management or business name or location.
(6) 
Conducting a snow removal business in any other name other than the one in which the contractor is licensed.
(7) 
Willful failure to comply with any order, demand or requirement made by the Director pursuant to provisions of this article.
B. 
No acts, agreements or statements of a buyer under a snow removal contract shall constitute a waiver of any provision of this article intended for the benefit or protection of the buyer.
C. 
Exceptions. No license shall be required of an individual who performs labor or services for a contractor for wages or salary.