A.
No person, firm, corporation or legal entity shall engage in the
business for profit of operating a motorized special livery vehicle
for hire in the City of Saratoga Springs, without first obtaining
an owner's license as described in this article.
B.
No person shall act as a driver of a motorized special livery vehicle
without first obtaining a driver's license as described in this
article.
C.
No license shall be required for any person, firm, corporation or
legal entity who engages in the business for profit of operating a
motorized special livery vehicle for hire, or who drives said vehicle
or vehicles, as part of a special event as permitted by Chapter 69
of the City Code or in any circumstance where said vehicle of vehicles
are hired for private use upon private property or upon property owned
by the State of New York.
A.
An application for an owner's license under this article shall
be filed in the office of the Commissioner of Accounts. The application
shall be signed and sworn to by the applicant and shall contain the
following information:
(1)
The name, address, and telephone number of the applicant, and, if
the applicant is a partnership or operating under an assumed name,
a certified copy of the certificate of partnership or assumed name
or names, and, if the applicant is a corporation, the names and addresses
of all corporate officers and stockholders.
(2)
A publicly listed telephone number maintained by the applicant.
(3)
The name, home address, telephone number and date of birth of each
driver who will drive vehicles for the applicant, and a copy of each
driver's valid New York State motor vehicle driver's license
of Class E.
(4)
Insurance.
(a)
Proof of commercial general liability insurance, including personal
injury liability insurance specific to motorized vehicles for hire
in the amount of $1,000,000 per occurrence and $2,000,000 aggregate,
and $1,000,000 combined single-limit automobile liability insurance
for owned, nonowned and hired vehicles. The City shall be included
as an additional insured on said insurance.
(b)
Proof of statutory workers' compensation and employer's
liability insurance for all employees.
(c)
A fully executed hold harmless agreement, in a form satisfactory
to the City, by which the applicant shall indemnify and save harmless
the City and its agents and employees from and against all claims,
damages, loss and expense (including but not limited to attorney's
fees) arising out of or resulting from the licensed activity, sustained
by any person or persons, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
or negligent act or omission of the applicant, or the applicant's
employees, agents, or subcontractors.
(5)
One or more photographs of each vehicle to be used by the applicant,
and a description of each such vehicle, including length, width, and
passenger capacity.
(6)
A New York State tax identification certificate.
(7)
Proof that the applicant is the holder of a valid New York State
motor vehicle driver's license of Class E.
(8)
A copy of the applicant's driving record obtained from the Department
of Motor Vehicles.
(9)
An affidavit from the applicant stating that each vehicle for which
a license is requested complies with all requirements of the New York
Motor Vehicle and Traffic Law.
(10)
A set of the applicant's fingerprints, or, if the applicant
is a legal entity other than an individual, a set of fingerprints
of the chief executive officer or chief representative of that legal
entity, to be taken by the Saratoga Springs Police Department.
B.
The Saratoga Springs Police Department shall investigate the applicant's
qualifications and background. The Police Department shall initiate
a criminal history record search through the State Division of Criminal
Justice Services (DCJS) by submitting the applicant's fingerprints
and required procedures fee, which shall be paid by the applicant,
to the DCJS. The results of the criminal history record search shall
be reviewed by the Chief of Police, or by a member of the Police Department
designated by the Chief of Police.
A.
An application for a driver's license shall be filed in the
office of the Commissioner of Accounts. The application shall be signed
and sworn to by the applicant and shall contain the following information:
(1)
Proof that the applicant is at least 18 years old.
(2)
Proof that the applicant is the holder of a valid New York State
motor vehicle driver's license of Class E.
(3)
A copy of the applicant's driving record obtained from the Department
of Motor Vehicles.
(4)
A statement that the applicant is in good health and not subject
to any infirmity of mind or body that might render the applicant incapable
or unfit to safely operate a motorized vehicle.
(5)
A statement that the applicant is able to communicate effectively
in English.
(6)
A statement that the applicant does not use unlawfully any drug or
controlled substance.
(7)
A set of the applicant's fingerprints, or, if the applicant
is a legal entity other than an individual, a set of fingerprints
of the chief executive officer or chief representative of that legal
entity, to be taken by the Saratoga Springs Police Department.
B.
The Saratoga Springs Police Department shall investigate the applicant's
qualifications and background. The Police Department shall initiate
a criminal history record search through the State Division of Criminal
Justice Services (DCJS) by submitting the applicant's fingerprints
and required procedures fee, which shall be paid by the applicant,
to the DCJS. The results of the criminal history record search shall
be reviewed by the Chief of Police, or by a member of the Police Department
designated by the Chief of Police.
C.
No driver's license shall be issued to any applicant who fails
to meet the standards established in Article 23-A of the Corrections
Law of the State of New York. In addition to and not in limitation
of the foregoing, no driver's license shall be issued to any
applicant who is at the time of application under indictment for a
felony anywhere in the United States, or who has been convicted of
a felony anywhere in the United States within the past five years
preceding the application, or who has been convicted of two or more
misdemeanors within the past two years preceding the application or
who has been convicted of more than one moving violation in the past
year.
D.
No licenses shall be issued to any applicant who has been convicted
of any of the following crimes: robbery, rape, sexual abuse, aggravated
sexual abuse, or course of sexual conduct against a child, or of the
crime of assault with intent to commit any of the aforementioned crimes.
E.
No driver's license shall be issued to any applicant who has
been convicted of the crime of criminal sale of a controlled substance
in any degree as established in the Penal Law.
Upon consideration of the factors listed in §§ 200-13 and 200-14 above, the Commissioner of Accounts may issue a license to the applicant. Each license shall expire on December 31 in the year issued. The Commissioner of Accounts shall have authority to impose reasonable conditions upon any license issued. The Commissioner may also to issue a license to an applicant based upon a determination that the applicant fails to satisfactorily meet the requirements stated in those sections. Denial of an application shall be sent to the applicant in writing at the address indicated on the application. Upon the applicant's written request, a hearing may be conducted at which the applicant may provide evidence that he or she should be issued a license.
The following fees shall be paid for licenses under this article:
|
License
|
Fee
| |
|---|---|---|
|
Owner's license
|
$250, plus $50 for each additional vehicle
| |
|
Driver's license
| ||
|
Initial application
|
$10
| |
|
Each renewal
|
$35
| |
A.
Nothing in this article shall be construed so as to supersede any provision of the New York State Vehicle and Traffic Law, and/or any regulation of the New York State Insurance Department, and/or any provision of City Code Chapter 225, entitled "Vehicles and Traffic." No license granted under this article shall be construed so as to give permission to the licensee to do any act or engage in any activity contrary to the aforementioned state and City laws.
The Commissioner of Accounts may, upon due notice, revoke, suspend
or refuse to renew any license issued for a violation of any of the
provisions of this article or for any other act or omission that demonstrates
the licensee's inability to safely and properly conduct the licensed
activity. When a license shall be revoked or suspended, no refund
of any portion of the license fee shall be made. Notice of such revocation,
suspension or refusal to renew and the reason or reasons therefor
in writing shall be served by the Commissioner of Accounts upon the
licensee or mailed to the licensee's address as stated on the
application.
Any person who, by himself or herself or by an agent or employee, shall conduct any activity described in this article, without a license, or who shall violate any of the provisions of this article, or who, having had a license revoked or suspended, shall continue to conduct any activity described in this article, shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code.
