It shall be unlawful for any person to engage
in the business of transportation for hire within the Town of Babylon
without first having secured a license from the Town Clerk.
A.
Application. Applications for a license or license
renewal required herein shall be filed with the Town Clerk on a form
supplied by the Town Clerk. Said application shall be in the form
of a sworn affidavit by the applicant stating that all information
is true and accurate to the best of his or her knowledge and belief,
including the information set forth herein:
(1)
Personal information.
(a)
Name, address (local address and legal address,
if different), telephone number and social security number, including
maiden name where applicable.
(b)
Place of residence (local address and legal
address, if different) for the past five years, if different from
above.
(c)
Age, height, weight, eye color, hair color,
place and date of birth and marital status.
(d)
Any convictions for felonies or misdemeanors
or violations of any municipal ordinances (except with relation to
municipal traffic and/or parking violations) and, if so, in what court,
when, where, upon what charges and the sentence of the court, including
the docket, index, indictment or file number in such court. All violations
of any traffic law, local law, ordinance or regulation of which the
applicant has been convicted within 18 months prior to the date of
the application and all crimes of which the applicant has ever been
convicted, stating the name and location of the court in which and
the date on which each such conviction was rendered and the sentence
imposed therefore.
(e)
An affidavit from a doctor licensed to practice
medicine in the State of New York stating that said doctor has thoroughly
examined the applicant within 30 days of the application, that said
applicant demonstrates no affliction of any physical or mental disease
or infirmity which might make him or her an unsafe or unsatisfactory
license holder and no drug or alcohol dependency or use other than
by prescription, together with the results of blood testing. If prescription
medication, that the medication will not impair the ability to drive
or operate a limousine or taxi.
(f)
For identification purposes, whether the applicant
is a citizen of the United States; if citizenship was obtained by
naturalization, the date and place where obtained; if an alien, proof
of legal entry into the United States must be submitted.
(g)
Proof that the applicant can read and write
the English language.
(h)
Minimum age for a taxi driver is 19 years and
for a driver of any other vehicle for hire is 21 years.
(i)
The number and date of issuance of the applicant's
New York State driver's license of a proper class.
(j)
Whether or not any driver's license of any class
held by the applicant has ever been revoked or suspended by the State
of New York or any other state and, if so, by what court or other
authority, on what date and for what cause and, if suspended, the
period of such suspension.
(k)
The names and addresses of the applicant's employers
during the last 10 years prior to his application.
(l)
Any other relevant information which the Town
Clerk may require.
(m)
Proof that the applicant is the holder of a
certificate of completion for the required hours of instruction in
a defensive driving course from a school, facility or agency certified
by the New York State Department of Motor Vehicles. The course must
have been completed within six months prior to the date of application.
(2)
Business information.
(a)
The name, address and telephone number of the
business located within the Town of Babylon.
(b)
The place of business and/or employment for
the past five years, including the names and addresses thereof, if
different from above.
(c)
Any previous licenses held in any occupation
and, if so, when, where and for what period and whether said licenses
were ever revoked or suspended, the date of the revocation or suspension
and the reason therefor.
(d)
Copies of any certificates on file with a County
Clerk, the New York State Secretary of State or other appropriate
office if applicant employs a trade name or an assumed name, such
as a doing/business/as (DBA), corporate or partnership name, under
which the business is operated, as well as the New York State sales
tax identification number for all persons, corporations, partnerships,
associations or other business entities.
(e)
The names and addresses of all vehicle operators.
(f)
The name, address, telephone number and title
of the person designated to accept process or other legal notices.
(3)
Miscellaneous information. Any additional information
the Town Clerk shall deem necessary for the purpose of administering
the provisions of this chapter or to assist in determining the applicant's
fitness to engage in the business of transportation for hire.
(4)
License conditions. In addition to any other federal,
state or local laws:
(a)
A business owner shall not hold himself out
for business to the public as for-hire service, which term shall include,
but not be limited to, "livery," "car service," or "limousine," without
applying for and obtaining a license issued by the Town of Babylon
for that activity.
(b)
A business owner shall be responsible for handling
passenger complaints. Complaints about a base or an affiliated driver
or vehicle that are licensed by the Town shall be filed with the Town
Clerk.
(c)
A business owner shall be responsible for overseeing the management of the base to ensure that base personnel or the operators of affiliated vehicles do not, within the area set forth in Subsection A(4)(c)[3], engage in any of the following activities:
[1]
Double-park, park on the sidewalk, park across
a driveway, park by or at a fire hydrant or bus stop, or otherwise
park, stop or stand in a manner that violates the Vehicle and Traffic
Laws of the State of New York.
[2]
Engage in mechanical maintenance or repair of
any vehicle, except to make such emergency repairs as may be necessary
to move a disabled vehicle. A dead battery or a flat tire is an example
of a disabling condition.
[3]
The base owner's responsibilities pursuant to Subsection A(4)(c)[1] and [2] shall extend to the public streets and sidewalks on either side of the street.
(d)
A base owner shall maintain and enforce rules
governing the conduct of affiliated drivers while performing their
duty as for-hire vehicle drivers. Said rules shall be submitted in
writing to the Town Clerk, and within seven days, exclusive of holidays
and weekends, thereafter whenever said rules are updated or amended.
B.
Identification. Applicants shall also file the items
set forth herein with said application unless specifically waived
by the Town Clerk upon a showing of facts which, in the discretion
of the Town Clerk, warrant the waiving of said requirements:
(1)
Fingerprints.
(a)
Upon receipt of a sworn application for a license,
a copy thereof and a fingerprint card shall be referred to the Town
Public Safety Office for appropriate fingerprinting of said applicant,
and such completed fingerprint card shall thereafter be forwarded
by the Town Clerk to the New York State Division of Criminal Justice
Services for a full search.
(b)
The application shall be accompanied by an appropriate
fee, the amount and payment instrument to be determined by the Town
Clerk, pursuant to the requirements of and payable to the New York
State Division of Criminal Justice Services, which amount shall be
in addition to the processing fees stated herein, for such investigation
of the applicant as is deemed necessary or advisable for the protection
of the public good and welfare.
(c)
The New York State Division of Criminal Justice
Services shall return such criminal history record information as
may exist in its files or a statement that no such relevant information
exists, such record to be filed with the Town Clerk.
(d)
Upon its return by the New York State Division
of Criminal Justice Services to the Town Clerk, if the application
is approved by the Town Clerk and upon payment of the prescribed license
fee, the Town Clerk shall prepare and deliver to the applicant therefor
the license required by this chapter.
(e)
New fingerprints for each renewal period may
be waived by the Town Clerk, unless the license issued under the provisions
of this chapter has lapsed for a period of time in excess of one year.
C.
Examination. At the discretion of the Town Clerk,
before the issuance of a license, the Town Clerk may require the applicant
and any others having knowledge of any facts to submit to an examination,
under oath, and to produce evidence relating thereto.
D.
Modification. Any change in circumstance with regard
to the information required hereinabove shall be reported to the Town
Clerk within 30 days of occurrence.
Business owners are responsible for ensuring
that they and their agents (employees and operators) take such training
courses as may be prescribed from time to time by the State of New
York, County of Suffolk and/or Town of Babylon specifically designed
to educate and familiarize them with customary safety standards. Evidence
of the satisfactory completion of such courses shall be filed with
the Town Clerk with the license application. Current license holders
shall file with the Town Clerk proof that they are regularly attending
and/or have satisfactorily completed such courses.
The regulations set forth herein are mandatory
and are the responsibility of the owner as to themselves and their
vehicles, operators and/or employees during all times and operations
of the business.
A.
Compliance, generally. Owners must be in compliance
with all requirements of this chapter, all ordinances, local laws,
codes, laws, rules and regulations, including but not limited to those
concerning vehicles, traffic and parking and zoning of the Town of
Babylon, County of Suffolk and State of New York. The Town will make
every effort to secure a certificate of compliance with the zoning
laws of the municipality of the principal place of business of the
applicant.
B.
Compliance, vehicles. Owners must specifically be
in compliance with all vehicle regulations set forth in this chapter
as they may apply to owners.
C.
Compliance, operators. Owners must specifically be
in compliance with all vehicle operator regulations set forth in this
chapter as they may apply to owners.
D.
Business changes. Owners must report to the Town Clerk,
within seven days, any change of their business location or the name,
address or telephone number of the person designated for process of
legal service.
E.
Business offices. Owners must maintain a business
office or reside within the Town of Babylon, but no business office
may be located in and no vehicles governed by this chapter may be
stored on any property zoned residential.
F.
Fares. Owners must file with the Town Clerk their
schedule of fares to be charged.
G.
Identification devices. Owners must post any and all
identification devices as required in this chapter and must report
to the Town Clerk, within 24 hours, the loss, theft, mutilation, marring
or alteration of any such documents.
H.
Written logs. Owners must keep, maintain and constantly
update all written logs prescribed in this chapter, including the
number of hours worked per day of the driver.
The activities set forth herein are unlawful,
are therefore prohibited and are the responsibility of the owner as
to themselves and their vehicles, operators and/or employees during
all times and operations of the business.
A.
Noncompliance, generally. Owners may not be in violation
of any requirements of this chapter as they may apply to owners.
B.
Noncompliance, vehicles. Owners may not specifically
be in violation of any prohibited vehicle activities set forth in
this chapter as they may apply to owners.
C.
Noncompliance, operators. Owners may not specifically
be in violation of any prohibited vehicle operator activities set
forth in this chapter as they may apply to owners.
D.
Attention-seeking devices. Owners, or any person on
their behalf, may not use loudspeakers, noisemaking devices and/or
any other attention-seeking devices upon any street, road, highway,
alley, park or other public place within the Town for the purpose
of attracting attention to solicitation of passengers or for any other
purpose.
E.
Invalid documents. Owners may not allow the operation
of their vehicles while their Town license or any appropriate New
York State issued license is not in effect, has expired or has been
suspended or revoked and may not allow the operation of their vehicles
by any operator whose Town permit or any appropriate New York State
issued license is not in effect, has expired or has been suspended
or revoked.
F.
Unauthorized licensees. Owners may not allow the use
of their license by any unauthorized person.
G.
Unauthorized operators. Owners may not allow the operation
of their vehicles by any unauthorized person.
H.
A business owner shall not allow:
(1)
A driver to solicit or pick up passengers by means
other than prearrangement through a licensed business owner.
(2)
A driver to pick up a passenger at an unauthorized
taxi stand.
(3)
A driver, while operating a for-hire vehicle, shall not have in his or her possession or in the vehicle a weapon as defined in § 180-2 of these rules or any other instrument which is intended to be used as a weapon.
(4)
A driver to smoke in a for-hire vehicle.
(5)
Mechanical maintenance or repair of any vehicle on
public streets and sidewalks except to make such emergency repairs
as may be necessary to move a disabled vehicle. A dead battery or
flat tire is an example of a disabling condition.
(6)
A driver to refuse to transport any person with a
disability or any guide dog accompanying such person.
(7)
A base owner to instruct, authorize or permit an affiliated
driver to discriminate unlawfully against people with disabilities.
Such discrimination includes, but is not limited to, refusing to serve
people with disabilities, refusing to load and unload the mobility
aids of people with disabilities and imposing any charge in addition
to the authorized fare for the transportation of people with disabilities,
service animals, wheelchairs or other mobility aids.
