[Amended 11-19-1992 by L.L. No. 9-1992; 9-10-1998 by L.L. No. 6-1998; 6-3-1999 by L.L. No. 1-1999; 12-2-1999 by L.L. No.
3-1999]
A. A license shall be required of any person conducting,
pursuing or exercising any of the following trades, businesses or
occupations within the village. The conduct, pursuit or exercise without
a license of any of said following trades, businesses or occupations
within the village is prohibited:
(1) The running of one or more public carriages, cabs, hacks, taxicabs or other vehicles, other than omnibuses or mobile amusement devices, for the transportation of persons over or upon the streets in the village for hire (see Chapter
226, Taxicabs).
(2) Hawking, peddling and soliciting as defined in and regulated by Chapter
142 of this Code.
(3) Circuses or other exhibitions, performances or entertainment for money or hire (see Chapter
101, Circuses, Carnivals, Rodeos and Other Exhibitions).
(4) The distributing or peddling of handbills, tracts, pamphlets and other like matter in the streets or by going from house to house (see Chapter
142, Hawking, Peddling and Soliciting).
(5) The distribution of bills, placards and other advertising matter, including posting or affixing said bills, placards or other advertising matter to trees, posts, poles, walls, fences, buildings or any object in any public thoroughfares (see Chapter
142, Hawking, Peddling and Soliciting, and Chapter
248, §
248-312, Bill posting).
(6) The operation or transportation over the streets of
the village of mobile amusement devices.
(7) Plumber (see Chapter
184, Plumbing and Drainage).
(8) Operating a nursing home (see Chapter
248, Zoning, for districts where allowed).
(9) Shooting gallery (see Chapter
207, Shooting Galleries and Rifle Ranges).
(11) Dealer in secondhand merchandise.
(12) Master electrician (see Chapter
112, Electrical Standards, Article
VI).
(13) Master plumber (see Chapter
184, Plumbing and Drainage, §
184-6G).
(15) Curb cuts; apron or sidewalk work (see Chapter
215, §
215-56).
(17) Parking in permit parking areas (see Chapter
237).
(19) Storing or depositing material or receptacle on public highway (see Chapter
215, §
215-67).
(22) Building permits (see Chapter
79, §
79-19).
(a)
New construction, including additions or alterations
to existing structures.
(c)
Maintenance of existing structure.
(23) Central air-conditioning equipment (see Chapter
184, §
184-7).
(28)
(b)
Senior citizen applicant (age 62 or older).
(30) Storage of gasoline or other flammable liquids.
(31)
(c)
Temporary certificate of occupancy (initial or renewal) (see Chapter
79, §
79-15E).
(32) Any
activity for which a license or permit is required by federal, state
or local law. No fees shall be due to the Village for any such license
or permit unless otherwise specifically required by the terms of this
chapter.
[Added 6-1-2023 by L.L. No. 7-2023]
B. Miscellaneous fees payable to the Superintendent of
Buildings.
(1) Furnishing a copy of a certificate of occupancy or
a certificate of existing use or a certificate of completion on file.
(2) Property file search, including furnishing copies
of all certificates of occupancy, etc.
(3) Review of site development plan application for Planning Board (see Chapter
248, Art.
XXVIII).
(4) Review of special use permit application for Planning Board (see Chapter
248, Art.
XXIX).
(5) Review of subdivision application for Planning Board (see Chapter
218, Subdivision of Land).
(6) Furnishing certified copies of documents on file (other
than certificates of occupancy or other certificate).
(7) Furnishing uncertified copies of documents on file.
(8) Review of sign application by Planning Board (see Chapter
248, Article
XXVIII, § 248-259.1).
C. Miscellaneous fees payable to the Village Clerk.
(1) Replacement of lost, stolen or mutilated license or
permit.
(2) Furnishing certified copies of documents on file (other
than licenses or permits).
(3) Furnishing uncertified copies of documents on file.
D. In the event that a license or permit is required
to be issued by the village pursuant to the provisions of any chapter
or part of the Westbury Code not specifically referred to herein,
fees for the following, as set from time to time by resolution of
the Board of Trustees, shall apply with respect thereto:
(1) Application fee for license or permit.
(4) License termination date: December 31 of year of issuance.
Where the owner, operator or person primarily
responsible for the conduct of a business shall have obtained a license
pursuant to this chapter for the conduct of said business or where
his agent or representative has done so on his behalf, said owner,
operator or persons who are engaged in the business for which said
license is issued, except in the case of employees engaged in the
following trades or occupations, each of which employees must procure
a separate license:
A. The driver of any vehicle other than an omnibus for
the transportation of persons for hire, including mobile amusement
devices.
B. Any person employed as a hawker, peddler, house-to-house
solicitor of orders or house-to-house vendor of goods who is not engaged
in making regular deliveries.
For the purpose of this chapter, any person
shall be deemed to be conducting, pursuing and exercising a trade,
business or occupation when he does one act of:
A. Selling any goods or service.
B. Soliciting business or offering goods or services
for sale or hire.
C. Using any vehicle or premises in the village for business
purposes.
No license shall be required of any person for
any mere delivery in the village of any property purchased or acquired
in good faith from such person at his regular place of business outside
the village where no intent by such person is shown to exist to evade
the provisions of this chapter.
The requirements and prohibitions of this section
shall not apply to any theater, exhibition, performance or entertainment
devoted explicitly to the presentation of literary, scientific, artistic
or historical subjects, or where the proceeds of such theater, exhibition,
performance or entertainment are to be devoted exclusively to charitable,
educational or religious purposes. Notwithstanding any other provisions
of this chapter, a license for peddling shall not be required:
A. Of any holder of a license issued pursuant to § 32
of the General Business Law.
B. For peddling of meats, fish, fruit or farm products
by farmers or other persons who produce the same.
C. Of a person under the age of 16.
Any person licensed to conduct, pursue or exercise
a business, trade or occupation is licensed to conduct said business,
trade or occupation only in accordance with the requirements of this
chapter and other ordinances of this village. No license granted pursuant
to the requirements of this section shall constitute a license for
any related activity for which a license is required by any other
section or ordinance, except to the extent expressly stated in such
other section or ordinance.
No license issued pursuant to this section shall
be transferable to any other person. A license specifying vehicles
or places, or both, to which it is applicable shall be valid only
for the vehicles or places specified, and shall not constitute a license
for the conduct of business, trade or occupation licensed at any other
place or with any other vehicle than those specified; but upon a new
application to the Mayor, an existing license may be amended by substituting
or adding different dates, locations or vehicles, upon payment of
the fees for the new application and the new dates, locations or vehicles.
Upon sale or other disposition of any vehicle
specified in a license, or cessation of use of any place specified
in any license for the business, trade or occupation for the conduct,
pursuit or exercise of which said license was issued, the licensee
shall within 24 hours notify the Village Clerk of said sale, disposition
or cessation, and shall surrender his license for amendment or cancellation.
Any change of address of any person to whom
a license has been issued, or any change of an address specified in
a license, shall be reported in writing to the Village Clerk within
three days of the change of address. No license shall be valid more
than three days after any such change of address unless such change
of address has been so reported and, in the case of change of an address
specified in a license, the license has been amended by the Village
Clerk to show the new address.