Village of East Rockaway, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 5-26-1941 as § 250 of the General Ordinances. Amendments noted where applicable.]
All licenses shall be issued as provided in § 187-3 of this chapter.
[Amended 8-10-1987 by Ord. No. 4-1987]
Any persons who shall engage in any of the occupations required to be licensed in this Code, either directly or through an agent, servant or employee, without first procuring a license therefor or who shall conduct such business or occupation in violation of the regulations herein contained or in violation of any conditions, restrictions or regulations contained in any license issued to him shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Added 8-10-1987 by Ord. No. 4-1987]
Licenses shall be issued by the village in conformity with the following regulations:
A. 
Wherever this Code shall require the procurement of a license, such license shall be issued in writing, signed by the Mayor and attested by the Village Clerk, and such license shall be in such form and subject to such provisions, limitations and restrictions, as may be required by this Code or by the Board of Trustees by resolution from time to time, and no license shall be issued, except upon the payment of the requisite license fee in advance. No license shall take effect until receipt of the license fee is endorsed thereon.
B. 
Licenses and renewals thereof shall be issued only upon written application verified upon the oath of the applicant, containing such data and information as may be required by the ordinance or prescribed by the Board of Trustees by resolution from time to time.
C. 
All licenses issued by the village shall be made to expire on the 31st day of December in each year, except temporary licenses issued for a specified period of time or as otherwise specified.
D. 
Except as otherwise specifically provided herein, license fees shall be for a period of one year payable in advance.
E. 
Except as otherwise expressly provided herein, licenses shall expire annually, and license fees shall be granted or refused at the discretion of the Mayor. It shall be the duty of the Mayor to ascertain that all of the requirements of the ordinance have been fully complied with and that the applicant for such license is a suitable person to conduct the occupation and has suitable equipment to conduct such occupation before a license shall be issued.
F. 
Any license issued pursuant to any ordinance of the village or any chapter of this Code may be suspended or revoked by order of the Board of Trustees after notice and hearing. Sufficient reason therefor appearing, the Mayor in his sound discretion may suspend any license pending a hearing by the Board of Trustees and the determination of the issues upon such hearing. The violation by the licensee of any provision of this Code, a false or misleading statement in any application or violation of the conditions, provisions or restrictions of such license shall be sufficient grounds for the revocation or suspension or refusal of any licenses, and such revocations shall be in addition to any other fine or penalty prescribed or imposed for such violation.
G. 
Wherever the Mayor shall have refused a license, the applicant may within 30 days thereafter make application to the Board to review the action of the Mayor in refusing such license, and such license may nevertheless be issued upon resolution of the Board after a hearing.
H. 
Wherever the holder of any license shall be convicted of a felony, such license may be revoked by order of the Board without notice and without hearing.
I. 
When an applicant for a license has not engaged in the business or occupation until after the expiration of more than six months of the current license year, the license fee for the remaining period of the current license year shall be 1/2 the yearly fee, and said fee shall be paid for the remaining six months or fraction thereof during which the business has been, or will be, conducted.
[Added 8-10-1987 by Ord. No. 4-1987]
Wherever this Code shall require the issuance of a permit, the same shall be issued by the village in conformity with the following provisions except as otherwise expressly provided herein:
A. 
The provisions of this section shall not apply to permits or variances issued pursuant to Chapter 288, Zoning, or Chapter 101, Building Construction.
B. 
Permits shall be issued by the Village Clerk and subscribed by him in the name of the village in writing, in such form and subject to such provisions, limitations and restrictions, as may be provided by local law or by resolution of the Board of Trustees from time to time.
C. 
Permit shall be issued only upon written application upon oath of the applicant containing such data and information and in such form as may be prescribed by local law or by resolution by the Board from time to time. Wherever the issuance of such permit shall require an inspection or approval by the Superintendent of Public Works or Village Engineer or any other official, the results of such inspection or the approval of such officer shall be handed to the Village Clerk in writing and filed by him before the issuance of such permit; and where any bond or security is required for the performance of an act or the protection of property, such security shall be provided in such form as may be required by local law or by resolution of the Board of Trustees before such permit shall be issued.
D. 
Before the issuance of any permit, it shall be the duty of the Village Clerk to ascertain that all conditions and requirements of this Code have been complied with.
E. 
No permit shall be issued unless the requisite fee therefor shall be paid in advance. Fees and deposits shall be established from time to time by resolution of the Board of Trustees. Every permit issued shall be subject to revocation when issued otherwise than in conformity with the provisions of this section and regulations and directions of the section authorizing such permit, or when issued as a result of any false or misleading statement contained in any application therefor, or for the violation or failure to comply with any rules or regulations adopted by the Board respecting such permits. Whenever it shall appear that a permit has been improperly issued, the privilege granted by such permit shall be suspended by direction of the Mayor, and such permit may thereafter be revoked or reinstated after a hearing by the Board.
[Amended 12-10-2018 by L.L. No. 2-2018]
F. 
When an applicant for a permit has not engaged in the business or occupation until after the expiration of more than six months of the current permit year, the license for the remaining period of the current permit year shall be 1/2 the yearly fee, and said fee shall be paid for the remaining six months or fraction thereof during which the business has been, or will be, conducted.