A. 
Business owner's license and/or vehicle operator's permit. The Town Clerk shall notify the applicant that his or her application is disapproved, and no license and/or permit will be issued, under the circumstances set forth herein:
(1) 
Personal review. A determination by the Town Clerk that the applicant lacks the character, experience or responsibility to engage in transportation for hire.
(2) 
Business review. A determination by the Town Clerk that the applicant has an unacceptable business record based on a review of past complaints; that the services the applicant proposes to offer or has offered are inadequate; or that the applicant has had more than three convictions for failure to post any and all devices and placards required by this chapter within five years.
(3) 
Criminality, generally. Any conviction for a felony, misdemeanor and/or town ordinance violation which, in the judgment of the Town Clerk, renders the applicant unfit, undesirable or incapable of properly engaging in transportation for hire; or if fraud, misrepresentations or false statements are contained in the application.
(4) 
Criminality, charges. An indictment or formal charges with or for any crime.
(5) 
Criminality, evidence. A preponderance of evidence that the applicant has violated any provision of this or any other chapter of the Code of the Town of Huntington or any local law, ordinance, code, rule or regulation of Suffolk County, New York State, the Town of Huntington or any other municipality.
(6) 
Criminality, controlled substances. Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(7) 
Criminality, minors. Any crime against or involving children.
(8) 
Criminality, vehicular. Any felony involving use of a vehicle by the applicant within the last three years; any crime involving operation of a vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs; or leaving the scene of an accident.
B. 
Vehicle's certificate of operation. The Town Clerk shall notify the applicant that his or her application is disapproved, and no certificate will be issued, under the circumstances set forth herein:
(1) 
Noncompliance. Vehicles which do not comply with the requirements of the State of New York, County of Suffolk or Town of Huntington, including any of the following:
(a) 
Lack of a valid business owner's license from the Town of Huntington by applicant.
(b) 
Lack of equipment, markings and/or devices and placards required by this chapter.
(c) 
Lack of any repairs, alterations or additions as may be required by this chapter or any directive of the Town Clerk.
(d) 
Lack of a written log or the improper maintenance, updating or availability for inspection of said written log, as required hereinabove, during the term of any previous certificate.
(e) 
Lack of proper reporting of any accident, as required hereinabove, during the term of any previous certificate.
(f) 
A determination by the Town Clerk that the vehicle possesses an unacceptable business record based upon a review of the history of past complaints.
(g) 
More than three convictions for failure to post any and all devices and placards, as required by this chapter, against said vehicle, within five years.
(2) 
Inspection failure. Vehicles which do not comply with state and/or town inspections as required hereinabove, including any of the following:
(a) 
Unclean, unfit, of poor appearance or in an unsafe condition for the transportation of passengers.
(b) 
Improper or incorrect vehicle identification, registration or license plate numbers.
(c) 
Inoperative headlights, taillights, parking fights, stop or brake lights, directional signals, roof lights or interior lights.
(d) 
A faulty suspension system as can be determined by a non-mechanic inspector.
(e) 
Broken windows, windshield, rear view mirrors or side view mirrors.
(f) 
Inoperative windshield wipers or horn.
(g) 
Faulty doors, door locks and door latches, or doors that do not allow occupants of the passenger compartment to readily open them from the interior of the vehicle.
(h) 
Badly worn tires, the treads of which do not meet minimum New York State Vehicle and Traffic Law requirements.
(i) 
A faulty exhaust system, evidenced by excessive noise, visible fumes or visible holes.
(j) 
A faulty fuel system, evidenced by visible leak or strong fuel smell.
(k) 
General neglect and/or disrepair of the chassis and/or body of the vehicle.
(3) 
Criminal involvement. Vehicles for which there is evidence or information that it was used or involved in any of the criminal activities set forth herein:
(a) 
Any felony.
(b) 
Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(c) 
Operation of the vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(d) 
Leaving the scene of an accident.
(e) 
Any crime against or involving children.
(f) 
Peddling of any goods or property from or near the vehicle.
(g) 
Any violation of any provision of this or any other chapter of the Town Code or any local law, ordinance, code, law, rule or regulation of Suffolk County or New York State.
(h) 
An indictment or formal charges with or for any crime or offense.
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No. 9-2006]
A. 
Procedure. The Town Clerk shall suspend any license, certificate or permit and may recommend that such license, certificate or permit be revoked, under the following circumstances:
(1) 
Noncompliance. Any violation of or failure to comply with the provisions of this chapter, or lawful order of the Town Clerk or other town officer relative to the operation of transportation for hire, or any reason for which the original application could have been disapproved.
(2) 
Criminality. Conviction of any violation or crime which, in the judgment of the Town Clerk renders the holder or vehicle unfit, undesirable or incapable of transporting for hire within the Town of Huntington.
(3) 
Deception. Fraud, misrepresentation or false statements contained in the application for a license, certificate or permit, or made in the course of conducting transportation for hire.
A. 
Notices. All notices shall be mailed, by certified mail, return receipt requested, to the applicant and/or holder of a license, certificate or permit at the last address on file with the Town Clerk. In the event an appeal from a denial or suspension has been filed, notice of the hearing date shall be mailed, at least five (5) days prior to the date set for such hearing.
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No. 9-2006]
B. 
Disapprovals. Notice of the denial of an application shall be given in writing, setting forth the grounds therefore and the right to an appeal hearing before the Town Board or a duly appointed hearing officer. The applicant may appeal the decision of the Town Clerk to deny the application within thirty (30) days of receipt of such notice. All requests for an appeal shall be in writing and accompanied by the non-refundable requisite fee.
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No. 9-2006; 2-10-2015 by L.L. No. 12-2015]
C. 
Suspensions. Notice of suspension shall be given in writing, setting forth the grounds for such action and the right to an appeal hearing before the Town Board or a duly appointed hearing officer. The suspension shall take effect immediately upon issuance and shall not exceed one (1) year. The licensee may appeal the decision of the Town Clerk to suspend the license within thirty (30) days of receipt of such notice. All requests for an appeal shall be in writing and accompanied by the requisite non-refundable fee.
[Amended 3-21-2006 by L.L. No. 9-2006; 2-10-2015 by L.L. No. 12-2015]
D. 
Revocations. The Town Clerk, after suspending a license, may recommend that the suspended license be revoked. Notice of hearing for revocation shall be given in writing, setting forth the grounds for the revocation and the time and place of such revocation hearing before the Town Board or a duly appointed hearing officer. The decision of the Town Board is a final agency determination and may be appealed to a court of competent jurisdiction.
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No. 9-2006]
E. 
Administrative hearing officer. The Town Board may appoint an administrative hearing officer to conduct revocation hearings or to hear appeals from the denial or suspension of a license, certificate or permit. The hearing officer shall submit his/her written findings and recommendations to the Town Board. It is the intention of the Town Board to protect the legal rights of the public by insuring every applicant under this chapter receives fair and expeditious due process by providing for an administrative hearing officer to alternatively preside over such hearings. In order to accomplish this goal, the Town Board is exercising its authority under § 10(l)(ii)(a)(12) of the Municipal Home Rule Law, § 136(1) and § 137 of the Town Law and any other applicable provision of law now or hereafter enacted, to supersede and/or expand upon the applicable provisions of § 137 of the Town Law, and any other applicable or successor law, in order to permit an appointed administrative hearing officer to preside over revocation hearings and appeals.
[Added 2-10-2004 by L.L. No. 6-2004; amended 3-21-2006 by L.L. No. 9-2006]
F. 
Hearings. All appeals from the decision of the Town Clerk and revocation hearings shall be processed as follows:
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No. 9-2006]
(1) 
All hearings administered by the Town Board or duly appointed hearing officer shall be recorded.
(2) 
If the hearing is held before the Town Board, it may affirm or reverse, in whole or in part, the Town Clerk's denial or suspension of a license, certificate or permit, with or without conditions, and may revoke a license, certificate or permit, with or without conditions, after such hearing.
(3) 
If the hearing is held before a hearing officer he shall file written findings and recommendations, including the action to be taken and/or the amount of any fine or penalty, with the Town Board no later than thirty (30) days from the close of the hearing. The Town Board may accept or reject the recommendations of the hearing officer, in whole or in part, with or without conditions.
(4) 
The hearing officer shall mail 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.
G. 
Decisions. The decision of the Town Board is final and, shall be mailed to the applicant and file with the Town Clerk.
[Amended 2-10-2004 by L.L. No. 6-2004]
H. 
Reapplications. A person whose license, certificate or permit has been revoked shall not be permitted to reapply for a period of at least one year from the date of the revocation.
[Amended 2-10-2004 by L.L. No. 6-2004]
A. 
Waivers of disapproval or suspension. A certificate of operation which has been disapproved or suspended due to use of said vehicle in the commission of a crime, as prescribed in this chapter, may be approved or reinstated with the filing of a request for a waiver from the Town Clerk, after a determination by the Town Clerk, with advice of the appropriate Police Department, that said vehicle's involvement in the crime was not the liability of the business and/or vehicle owner.
B. 
Certificate of relief from civil disabilities. Anyone convicted of a crime described hereinabove who has received a certificate of relief from civil disabilities regarding said conviction, issued by a court of competent jurisdiction, will not be subject to disapproval, suspension or revocation based on said conviction, after a review and determination by the Town Clerk that the crime would not endanger the health, safety and welfare of the residents of the Town of Huntington.
[Amended 2-10-2015 by L.L. No. 12-2015]
The Town Clerk shall keep a record of all applications, disapprovals, suspensions, revocations and complaints regarding licenses, certificates and permits, together with any reports in respect thereto.