[Amended 11-9-1999 by L.L. No. 20-1999]
The Town Clerk shall refuse, reject or deny any application for a permit issued herein wherever authorized to do so by this chapter, including any limitations set forth in this chapter on the number of permits to be issued for all class or category of permit.
[Amended 1-13-2004 by L.L. No. 2-2004]
A. 
Authority. The Town Clerk shall suspend any permit issued herein wherever authorized to do so by this chapter, or where there has been a conviction for one or more violations of this chapter or a conviction for a crime by any of the following:
(1) 
Individuals: any person holding any permit issued under the provisions of this chapter.
(2) 
Businesses, firms and/or partnerships: any principle, agent or employee of any business or firm, or any partner, agent or employee of any partnership, holding any permit issued under the provisions of this chapter.
(3) 
Corporations: any officer, director, principle, agent or employee of any corporation holding any permit issued under the provisions of this chapter.
B. 
Procedure. The Town Clerk shall notify the permit holder of the suspension of his/her permit, in writing, by certified mail, return receipt requested, at their last known address as indicated in the files of the Town Clerk's office.
A. 
Generally. Anyone whose application has been refused, rejected or denied, or whose permit has been suspended, for any reason, may appeal the decision of the Town Clerk by making a written request to the Town Board for a hearing.
[Amended 1-13-2004 by L.L. No. 2-2004]
B. 
Exception. No application for an appeal shall be accepted, and no appeal heard or granted, in instances where such refusal, rejection or denial is based on the town having previously issued permits in an amount equal to any limitations set forth in this chapter on the number of permits to be issued for all class or category of permit.
[Added 11-9-1999 by L.L. No. 20-1999[1]]
[1]
Editor's Note: This local law also provided that former Subsection B, Public hearing, be renumbered as Subsection C.
C. 
Public hearing. If the applicant for an appeal hearing desires said hearing to be held in a public forum, they must specifically demand the same in their written request and enclose the required fee as set forth hereunder.
[Amended 1-13-2004 by L.L. No. 2-2004]
D. 
Administrative hearing officer. The Town Board may appoint an administrative hearing officer to conduct an appeal hearing on the denial, suspension or revocation of a shellfishing application and/or permit. The hearing officer shall submit his/her written findings and recommendations to the Town Board.
[Added 1-13-2004 by L.L. No. 2-2004]
A. 
Personal taker's permits. All appeals shall be accompanied by a nonrefundable fee of twenty-five ($25) dollars, except that the nonrefundable fee shall be ten ($10) dollars for persons sixty (60) years of age or older.
B. 
Commercial taker's, buyer's or buyer's helper permits.
(1) 
Fee. All appeals shall be accompanied by a nonrefundable fee of one hundred ($100) dollars for the permit holder, and an additional nonrefundable fee of one hundred ($100) dollars for each employee required to have a permit herein, except that the nonrefundable fee shall be fifty ($50) dollars for persons holding a junior commercial taker's or senior commercial taker's permit.
[Amended 9-16-2014 by L.L. No. 34-2014]
(2) 
Trust fund. Fifty (50%) percent of the appeal fees collected hereunder shall be segregated in a dedicated trust fund which will be used solely for the promotion and replenishment of the shellfish stock located on Town Trustee lands.
C. 
Public hearings.
(1) 
Fee. All demands for a public hearing shall be accompanied by the fee set forth hereinabove, and a nonrefundable fee of an additional one hundred ($100) dollars, except that the additional nonrefundable appeal fee shall be fifty ($50) dollars for persons holding a junior commercial taker's permit or a senior commercial taker's permit.
[Amended 9-16-2014 by L.L. No. 34-2014]
(2) 
Publication. If the appellant requests a public hearing, notice of such public hearing shall be published once in the official newspaper of the Town of Huntington, at least seven (7) days prior to such hearing. The form of such notice shall be at the discretion of the Town Board.
A. 
Hearings. Whenever the Town Clerk makes a determination to deny an application or suspend a license, certificate or permit pursuant to §§ 166-26 and 166-27, an opportunity to appear before the Town Board or a duly appointed hearing officer shall be scheduled in accordance with this chapter. The hearings shall be held as follows:
[Amended 1-13-2004 by L.L. No. 2-2004]
(1) 
All hearings contemplated under this chapter shall be administered by the Town Board or a duly appointed administrative hearing officer.
(2) 
All hearings shall be recorded.
(3) 
Where the Town Board administers the public hearing, a determination based on the facts and evidence presented must be made declaring:
(a) 
Reversal. The Town Board may reverse the suspension and reinstate said license, certificate or permit. The Town Board may reverse the denial of the shellfishing permit application and allow said application to proceed pursuant to the provisions of this chapter; or
(b) 
Affirmation. The Town Board may affirm the suspension of the shellfishing license, certificate or permit. The Town Board may affirm the denial of the shellfishing permit application.
(4) 
The hearing officer must file his/her written findings and recommendations with the Town Board no later than thirty (30) days from the close of the hearing. The Town Board may accept or deny the recommendations of the hearing officer in whole or in part, and render its decision as in § 166-30A(3) herein.
(5) 
The hearing officer shall send his/her written findings and recommendations to the applicant by regular or certified mail no later than thirty (30) days from the close of the hearing. The applicant may file written exceptions to the findings and recommendations of the hearing officer. The written exceptions shall be filed with the Town Board at least five (5) days prior to a scheduled Town Board meeting.
B. 
Procedure. At the time and place set for hearing and appeal, the Town Board or a duly appointed administrative hearing officer shall hear the Town Clerk (or his/her designee), the appellant and all other persons wishing to be heard on the refusal, rejection or denial of an application for a permit, or the suspension of a permit. In considering such appeal, the Town Board or the hearing officer may take into account:
[Amended 1-13-2004 by L.L. No. 2-2004]
(1) 
Proof of legal residence, principal place of abode and domicile.
(2) 
Record of conviction for violation of any local shellfish ordinance, the New York State Environmental Conservation Law, and any criminal offense within the preceding five (5) years.
(3) 
Proof that the applicant or permit holder had a current shellfish permit from another municipality whose shellfish ordinance contains a residency requirement.
(4) 
Any other information necessary to render a decision in keeping with the provisions of this chapter.
C. 
Findings. After the hearing, the Town Board shall make a determination issued to the Town Clerk and appellant as to whether or not an application shall be granted or a permit reinstated. If so approved, the permit shall be issued forthwith and thereafter remain in effect until the following expiration date of that permit as described in this chapter.
D. 
Decisions. The decision of the Town Board is final and, shall be mailed to the applicant and filed with the Town Clerk.
[Amended 1-13-2004 by L.L. No. 2-2004]