A.
Requirement.
(1)
Buyer's permit. No person, business, firm, partnership
or corporation shall engage in the buying, selling or otherwise dealing
with shellstock for wholesale commercial purposes on town property
or town property underwater within the jurisdiction of the Town of
Huntington unless it has first obtained a commercial buyer's permit
as prescribed by this chapter.
(2)
Buyer's helper permit. No person shall engage in assisting
in the buying, selling or otherwise dealing with shellstock for wholesale
commercial purposes on town property or town property underwater within
the jurisdiction of the Town of Huntington unless he/she has first
obtained a commercial buyer's helper permit as prescribed by this
chapter. Buyer's helper permits shall only be issued to individuals,
and said individual must provide proof of employment with the holder
of a buyer's permit. Termination of employment by the holder shall
immediately nullify the buyer's helper permit issued hereunder.
B.
Exception. Said permits are not required of any person,
business, firm, partnership or corporation dealing solely in retail
shellstock.
C.
Transfers and assignments. No person, business, firm,
partnership or corporation to whom a permit has been issued shall
transfer or assign said permit to or allow use of said permit by another
person.
A.
Application procedures.
(1)
Generally. Except as otherwise provided for herein,
each permit application shall be made in duplicate, in writing, on
the form prescribed by the Town Clerk.
(2)
Commercial buyer's permits. Each application on behalf
of an individual for a commercial buyer's permit shall include the
following:
(b)
Business entities. If the applicant is a business,
firm, partnership or corporation:
[1]
Business information: name of applicant; location
of its principal place of business; and names and residence addresses
of all principles, officers and directors, if any, and of any other
persons owning directly or indirectly a beneficial interest in the
applicant of at least five (5%) percent thereof.
[2]
Identifying information: identifying data; photograph;
and all information required of individual applicants by other provisions
of this section shall be furnished for each and every employee to
be engaged in buying, selling or dealing in shellstock on behalf of
the applicant.
(c)
State permits. Each commercial buyer's permit
application shall be accompanied by the applicant's valid NYSDEC shipper's
and/or processor's permit authorizing the applicant to deal with shellfish
for commercial purposes.
(d)
Photographs. Except as provided elsewhere in
this chapter, each commercial buyer's permit application shall be
accompanied by two (2) full-face, identical photographs of the applicant,
one and one-quarter (1 1/4) inch by one and one-quarter (1 1/4)
inch in size, taken within two (2) months prior to the submission
of the application.
(e)
Vehicle information. Each commercial buyer's
permit application shall be accompanied by the description, license
number, name and address of the owner of each motor vehicle to be
used by the applicant in dealing in shellstock for commercial purposes
on town property or town property underwater.
(f)
Miscellaneous: any other information requested
by the Town Clerk.
(3)
Buyer's helper permits. Each application on behalf
of an individual for a buyer's helper permit shall include the following:
(a)
Personal information: name; residence; mailing
address; social security number; and signature.
(b)
Identifying information: date of birth; weight;
height; and color of hair and eyes.
(c)
Employer information: employer's name, address
and commercial buyer's permit.
(d)
Photographs. Except as provided elsewhere in
this chapter, each commercial buyer's helper permit application shall
be accompanied by two (2) full-face, identical photographs of the
applicant, one and one-quarter (1 1/4) inch by one and one-quarter
(1 1/4) inch in size, taken within two (2) months prior to the
submission of the application;
(e)
Miscellaneous: any other information requested
by the Town Clerk.
(4)
Determination of satisfaction. Prior to issuance of
any permit the Town Clerk shall be satisfied as to identification
and residency of the applicant, and to all documents produced to evidence
fulfillment of permit requirements. For the purposes of making the
determination of satisfaction, the Town Clerk shall refer all applications
to the Department of Maritime Services, which shall investigate the
veracity of each application's contents and report thereon to the
Town Clerk.
[Amended 11-8-2006 by L.L. No. 34-2006]
(5)
False or withheld information. An applicant for a
permit under this section who knowingly makes a false statement or
withholds information on an application shall be subject to any and
all of the following:
(6)
Appeals. Any applicant who has been refused a permit,
or whose permit has been suspended or revoked, may appeal such determination
pursuant to the appropriate section of this chapter, as applicable
(providing documentation of good cause), at an additional fee as set
forth in this chapter, by filing a request for appeal and the proper
fee with the Town Clerk's office.
B.
Term. Buyer's and buyer's helper permits shall be
valid from the date of issuance and, unless sooner voided, suspended
or revoked in accordance with the appropriate sections of this chapter,
shall expire on December 31 next ensuing.
C.
Permit replacement. Any person, business, partnership
or corporation replacing a commercial buyer's permit shall complete
an affidavit attesting to circumstances necessitating replacement,
and submit one photograph and the proper fee.
A.
Commercial buyer's permits. Each commercial buyer's
permit application shall be accompanied by the appropriate nonrefundable
fee of five hundred ($500) dollars.
B.
Buyer's helper permits. Each buyer's helper permit
application shall be accompanied by the appropriate nonrefundable
fee of one hundred ($100) dollars.
C.
Replacements permits. Each application for a replacement
permit shall be accompanied by the appropriate nonrefundable fee of
ten ($10) dollars.
D.
Replacement decals. Each application for replacement
of a decal shall be accompanied by the appropriate nonrefundable fee
of ten ($10) dollars per decal.
A.
Carrying of permits. Any person dealing in shellstock
for commercial purposes while on town property or town property underwater
shall have his/her permit on his/her person.
B.
Decals.
(1)
Display. The Town Clerk shall issue an identification
decal corresponding to the commercial buyer's permit number for each
registered vehicle used by the permit holder when dealing in shellstock
for commercial purposes. The permit holder, when dealing in shellstock
for commercial purposes, shall prominently display in a clearly visible
manner the decal on the left-hand door of the motor vehicle for which
such decal is issued.
(2)
Replacement. It shall be the responsibility of each
commercial buyer's permit holder to maintain and protect his/her assigned
and issued identification decals from damage and/or loss. A permit
holder shall replace damaged, mutilated, unreadable or lost decals
by submitting an affidavit attesting to circumstances requiring replacement
and a proper fee to the Town Clerk.
