It shall be unlawful for any person to operate a tow car for hire in
the village as a driver or to be or act as a helper on or in connection therewith,
unless such driver or helper shall have first obtained a license from the
Village Clerk as provided by this article.
Every driver's or helper's license issued under this article
shall be issued as of the date of the granting thereof and shall expire on
December 31 next succeeding the date of its issuance, unless sooner revoked
by the Village Board.
A.
Every person desiring to operate or drive or act as a
helper on a tow car for hire upon the streets of the village shall file an
application with the Village Clerk for a license so to operate or act, which
application shall be in writing upon forms to be furnished by the Village
Clerk, verified under oath, and shall contain the following information:
(1)
The name, address and age of the applicant.
(2)
A full description of the applicant, including his color,
height, weight, color of eyes and hair, any scars or marks and the nature
of any physical infirmity from which he may suffer.
(3)
Recommendations by two residents of Nassau County who
have known the applicant for a period of three years or more and who will
vouch for the applicant's sobriety, honesty and general good character.
(4)
Whether or not he is a citizen of the United States.
(5)
The names and addresses of the applicant's employers
during the last two years prior to his application.
(6)
All crimes of which the applicant has ever been arrested
or convicted, stating the date and place of each arrest and the name and location
of the court in which and the date on which each such conviction was had and
the penalty imposed therefor.
(7)
In the case of a driver, the number and date of issuance
of the applicant's New York chauffeur's license.
(8)
Any other relevant information which the Village Clerk
may require.
B.
Every applicant for a driver's or helper's
license shall, at the time of submitting his application, also:
(1)
Submit two individual photographs of the applicant, taken
within 30 days prior to the date of the application, such photographs to be
11/2 inches by 11/2 inches in size, to be a true likeness of the applicant
and show only the neck, shoulders and uncovered head.
(2)
In the case of an application for a driver's license,
exhibit his current New York State chauffeur's license for inspection.
(3)
Be fingerprinted under the direction and supervision
of the Village Clerk.
Upon the receipt of any application for a license required by this article,
the Village Clerk shall refer the same to the Nassau County Police Department
for such investigation as it shall deem necessary or desirable and a report
thereon.
[Amended 10-22-1973]
A.
Driver's license. Upon the receipt of the police
report provided for in this article, the Village Clerk shall issue a tow car
driver's license to the applicant if he shall find that the applicant
holds a New York State chauffeur's license and is a fit and proper person
to drive a tow car, considering his experience, and character; otherwise,
such application shall be denied.
B.
Helper's license. Upon the receipt of the police
report provided for in this article, the Village Clerk shall issue a tow car
helper's license to the applicant if he shall find that the applicant
is a fit and proper person considering his experience and character; otherwise,
such application shall be denied.
Every license issued under this article shall be signed at the direction
and in the name of the Village Clerk and sealed with the Seal of the village.
Any applicant who shall have been denied a license under this article
by the Village Clerk may apply to the Village Board of Trustees for a review
of the action of the Village Clerk as hereinafter provided:
A.
Such application to the Village Board of Trustees shall
be in writing, signed and verified by the applicant, and shall state the ground
or grounds on which the applicant claims that the determination of the Village
Clerk was erroneous.
B.
Such application shall be filed with the Village Clerk
by the applicant within 20 days after notice of denial of his application
by the Village Clerk has been mailed to him or delivered to him in person.
C.
Upon the filing of such application, the Village Board shall hold a hearing thereon pursuant to the provisions of § 181-18. At such hearing, the Village Board of Trustees shall consider the applicant's application upon the record before the Village Clerk in connection with the Village Clerk's consideration thereof and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
D.
The Village Board of Trustees, after such hearing, may
affirm the action of the Village Clerk or direct the Village Clerk to issue
a proper license, pursuant to this article.
The driver's or helper's license issued under this article
shall not be transferable.
The Village Clerk shall keep a record of each driver's or helper's
license issued under this article, showing the name and address of such driver
or helper, his New York State chauffeur's license number, his driver's
or helper's license issued hereunder and the date of issuance of such
driver's or helper's license.
A.
Any license issued under this article may be suspended
for a period of not more than three months or revoked by the Village Board
of Trustees if the holder thereof shall violate any provision of this chapter
or any rule or regulation adopted hereunder or any ordinance of the village
or be convicted of the violation of any traffic law, ordinance or regulation
of the State of New York or of any municipality of the State of New York or
of any crime or be guilty of making a false statement or misrepresentation
in his application.
B.
Any license issued under this article may be suspended
by the Village Board of Trustees if the holder thereof shall be indicted or
charged, upon information duly filed with the public authorities, with or
for the commission of any crime or offense until such holder shall be convicted
or acquitted of such crime or offense.
C.
No license shall be either suspended or revoked by the
Village Board of Trustees hereunder without a hearing thereon, held not less
than 20 days after written notice thereof shall have been given to the licensee,
either in person or by registered mail.
The Village Clerk, upon receiving information giving him reasonable cause to believe that the holder of any license issued under this article has violated any provision of this chapter or been convicted of any violation referred to in § 181-38 or indicted or charged with or for any crime or offense or is guilty of having made a false statement of misrepresentation in his application, may forthwith temporarily suspend such license until a hearing is held by the Village Board of Trustees as provided in such above-mentioned section, and the Village Board of Trustees shall have issued its determination thereon.
It shall be unlawful for any driver or helper to refuse to surrender
a license or licenses issued to such driver or helper under the provisions
of this article to the Village Clerk upon demand after such license or licenses
have been suspended, revoked or expired.
