[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:
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.
