[Amended 3-19-1996 by L.L. No. 2-1996]
It shall be unlawful for any person to engage
in or carry on any business, trade or calling in the Village of Hempstead
without first obtaining a license therefor in accordance with the
provisions of this chapter.
[Amended 4-20-1993 by L.L. No. 4-1993]
The Village Clerk is hereby designated as the
License Commissioner of the Village, with the authority to make such
rules and regulations and to conduct investigations in relation to
the issuance, renewal, amendment, termination, cancellation, revocation
and suspension of licenses or permits required by the provisions of
this Code, except for those licenses or permits required by the provisions
of this Code or other law to be issued by another department, division
or agency.
Except as otherwise specifically provided, every
applicant for a license shall file a statement with the Village Clerk,
which statement shall be signed and sworn to by the applicant in person
if an individual, by all partners if a partnership and by the president
or duly authorized officer if a corporation, showing:
A.
Name.
B.
Business address.
C.
Residence address.
D.
Age.
E.
Purpose.
F.
Location of licensed premises.
G.
Criminal history. Whether or not the applicant or,
in the case of a corporation, whether any officer or director thereof
has been convicted of a crime, offense or violation of any municipal
ordinance or law, and if so, the municipality or jurisdiction where
the offense occurred, the nature of the same and the penalty assessed
therefor.
H.
Photographs. Two clear photographs of the applicant
taken not more than 60 days before the submission of the application,
which photographs shall be two inches by two inches, showing the head
and shoulders of the applicant. In case of a corporation, the officer
or agent principally engaged in the activities within the Village
shall furnish such photographs.
[Amended 4-20-1993 by L.L. No. 4-1993]
The completed application, together with the
appropriate fee, which shall be nonrefundable and shall be applied
to the cost of conducting the investigation and other administrative
costs in processing the application, shall be submitted to the Village
Clerk, who shall thereupon cause an investigation to be made into
all the facts and circumstances pertaining to the application.
[Amended 4-20-1993 by L.L. No. 4-1993]
After such investigation, if the Village Clerk
shall be satisfied that the applicant is of good character and the
issuance or renewal of a license would not be detrimental to the best
interests of the Village or the public, the Village Clerk shall issue
a license or renewal of a license; otherwise, the Village Clerk shall
deny the application.
The Village Clerk shall keep a record of each
license issued, including the number and date of issuance of the license,
the expiration date and purpose for which it is granted and the amount
of the fee paid therefor. Upon presentation of such license to the
Clerk of the Village, properly signed and counter-signed, and the
payment to the Clerk of the fee therein specified, the Clerk shall
endorse upon the face of the license his receipt for the license fee,
showing that such fee is paid in full therefor. No license shall take
effect nor shall it grant any rights to the licensee named therein
until the receipt of the Clerk shall have been so endorsed thereon.
[Amended 3-20-2012 by L.L. No. 4-2012; 6-20-2017 by L.L. No. 2-2017]
Each license shall specify the purpose and length
of time for which it is granted and when it shall expire. All licenses
granted as provided in this chapter shall expire two years from the
date of issuance, except such licenses as may be granted for one or
more days, weeks or months as specifically provided elsewhere in this
Code. Licenses not renewed two years from the date of issuance will
be subject to an additional twenty-five-dollar penalty for every 30
days past the expiration date.
A.
Each licensee shall display the license in a conspicuous
place at his place of business; however, when the licensee does not
have a fixed place of business, he shall carry the license upon his
person at all times while engaged in the licensed activity. Any licensee
shall, upon demand of any person, display the license.
B.
Any person required to obtain a license, tag, badge
or similar identifying device in connection with his operation of
either a vehicle or any licensed activity shall wear such license,
tag, badge or similar device constantly on his outer garment in such
a way as to be conspicuous during such time as said licensee is conducting
the licensed activity.
C.
Any words, letters or numbers prescribed by any provision
of this Code for licensed vehicles shall be displayed permanently
and conspicuously on the outside thereof, unless specifically required
to be affixed otherwise or in a particular place by any other provision
of this Code, in colors contrasting strongly with the background of
the vehicle and not less than two inches in height. The same shall
be kept legible and plainly visible at all times during the term of
the license; and upon change of ownership or expiration of the license,
the same shall be obliterated or otherwise erased. No person shall
own or operate any vehicle with words, letters or numbers thereon
similar to those prescribed for licensed vehicles without first being
duly licensed therefor.
Each person holding a license issued under any
provision of this chapter shall notify the Village Clerk in writing
of any change of residence or place of business within seven days
of such change.
[Amended 4-20-1993 by L.L. No. 4-1993]
In the event of the denial of an application
for a license or a renewal thereof, the Village Clerk shall give written
notice thereof to the applicant by registered or certified mail, return
receipt requested. The applicant shall have the right to appeal such
decision to the Board of Trustees, provided that a notice of appeal
is filed, in writing, with the Village Clerk and actually received
by the Village Clerk within 10 days from the mailing of the notice
denying the application.
The grounds for the suspension or revocation
of a license issued pursuant to this chapter are as follows:
A.
A misrepresentation or false statement contained in
the application for a license.
B.
Fraud, misrepresentation or false statement made in
the course of carrying on any business or activity which is licensed.
C.
The violation of any provision of this chapter or
the provisions of this Code or other ordinance or local law or any
statute regulating the licensed activity.
D.
Conviction of the licensee of any crime.
E.
Conducting any business activity which is regulated
by the provisions of this Code or any other law requiring the license
in such a manner as to constitute a breach of the peace or to endanger
the health, safety or general welfare of the public.
F.
Any series
of occurrences which cumulatively has the effect of disturbing the
tranquility of the Village or a part thereof or causes reasonable
apprehension of there being a disturbance of such tranquility.
[Added 1-17-2012 by L.L. No. 3-2012]
G.
Violation
of any stipulation or condition imposed by the Board of Trustees upon
the granting or renewal of any such license and/or any stipulation
or condition imposed by any Village Board in relation to the use and
occupancy of the property.
[Added 1-17-2012 by L.L. No. 3-2012]
[Amended 4-20-1993 by L.L. No. 3-1993]
A.
The Village Clerk may suspend any license granted
pursuant to this chapter by the giving of written notice to that effect
to the licensee by registered or certified mail, return receipt requested.
The Board of Trustees shall promptly hold a hearing concerning the
facts and circumstances prompting the suspension and shall continue
the suspension of the license for a fixed period of time or reinstate
or revoke the license.
B.
Any notice to be given by the Board of Trustees under
this chapter shall be deemed to have been duly given when:
[Amended 1-17-2012 by L.L. No. 3-2012]
(1)
Served
personally upon the licensed person or sent by registered or certified
mail addressed to his last known address; or
(2)
In
the case of a corporate licensee, served personally upon an officer
of said corporate licensee or sent by registered or certified mail
addressed to an officer thereof at his residence, together with a
copy of the notice by ordinary mail to the address of the licensed
premises; or
(3)
Served personally upon or sent by registered or certified mail to the agent designated under § 86-3; or
(4)
Served
in any manner otherwise specifically provided in this chapter or in
any other lawful manner.
[Amended 12-15-1981 by L.L. No. 32-1981; 12-15-1983 by L.L. No. 20-1983; 5-16-1995 by L.L. No. 4-1995; 3-19-1996 by L.L. No.
3-1996; 5-5-1998 by L.L. No. 3-1998; 6-1-2010 by L.L. No.
7-2010; 6-20-2017 by L.L. No. 2-2017]
The biannual license fee for any business, trade
or calling shall be $300, except as follows:
|
Description
|
Fee
|
|---|---|
|
1 coin-operated entertainment and amusement
device
|
$300
|
|
2 coin-operated entertainment and amusement
devices
|
$600
|
|
3 coin-operated entertainment and amusement
devices
|
$900
|
|
4 coin-operated entertainment and amusement
devices
|
$1,200
|
|
5 coin-operated entertainment and amusement
devices
|
$1,400
|
|
Tow cars — restricted — ,
filing fee for original application
|
$300
|
|
Tow cars — restricted — ,
filing fee for additional renewal car
|
$300
|
|
Tow cars — restricted — ,
annual fee, 1 vehicle
|
$300
|
|
Tow cars — restricted — ,
annual fee, 2 vehicles
|
$600
|
|
Tow cars — restricted — ,
annual fee, 3 vehicles
|
$900
|
|
Tow cars — restricted — ,
annual fee, 4 vehicles
|
$1,200
|
|
Tow cars — restricted — ,
annual fee, 5 vehicles
|
$1,500
|
|
Tow cars — restricted — ,
replacement of card or sticker
|
$38
|
|
Tow car driver's license
|
$180
|
|
Tow car driver's license renewal
|
$120
|
|
Bowling alley, per alley
|
$150
|
|
Hotel or motel
|
$600
|
|
Parking field business 40,000 to 50,000 square
feet
|
$600
|
|
Parking field business 120,000 to 130,000 square
feet
|
$1,200
|
|
Pawnbroker
|
$600
|
|
Secondhand dealer: gold, silver, coins, precious
metals
|
$750
|
|
Taxicab license
|
$750
|
|
Taxicab driver's license
|
$180
|
|
Taxicab driver's license renewal
|
$120
|
|
Theater from 100 to 1,000
|
$450
|
|
Theater from 1,000 to 2,000
|
$750
|
|
Theater from 2,001 to 3,000
|
$1,050
|
|
Tow cars — unrestricted — ,
filing fee for original application
|
$300
|
|
Tow cars — unrestricted — ,
filing fee, additional application
|
$300
|
|
Tow cars — unrestricted — ,
annual fee, first vehicle
|
$300
|
|
Tow cars — unrestricted — ,
annual fee, 2 vehicles
|
$600
|
|
Tow cars — unrestricted — ,
annual fee, 3 vehicles
|
$900
|
|
Tow cars — unrestricted — ,
annual fee, 4 vehicles
|
$1,200
|
|
Tow cars — unrestricted — ,
annual fee, 5 vehicles
|
$1,500
|
|
Tow cars — unrestricted — ,
replacement of card or sticker
|
$38
|
|
Vehicles used for peddling and soliciting
|
$450
|
