[Amended 8-8-1996 by L.L. No. 6-1996; 12-2-1999 by L.L. No.
3-1999; 7-20-2006 by L.L. No. 3-2006; 11-2-2006 by L.L. No. 5-2006]
A. No person shall operate or permit to be operated any
vehicle as a taxicab or prearranged for-hire vehicle on any street,
highway or public place located within the Village without first having
obtained, and having then in force, a Village owner's license and
vehicle license card, issued as herein provided. The fact that a vehicle
is being operated as a taxicab or prearranged for-hire vehicle shall
be presumptive evidence that such operation is with the permission
of the owner of the vehicle.
B. No person shall drive a taxicab or prearranged for-hire
vehicle and no owner shall permit another person to drive a taxicab
or prearranged for-hire vehicle owned by or under the control of such
person on any street, highway or public place located within the Village
without such driver's first having obtained and having then in force
and conspicuously displayed within such vehicle a Village taxicab
or prearranged for-hire vehicle driver's license, issued as herein
provided.
C. It shall be unlawful for any person to operate a taxicab
or prearranged for-hire vehicle on any street, highway or public place
located within the Village unless such person shall have been duly
licensed as a taxicab or prearranged for-hire vehicle owner, as herein
provided.
D. No person shall operate or permit to be operated any
vehicle as a taxicab or prearranged for-hire vehicle on any street,
highway or public place located within the Village without a medallion
conspicuously displayed on the front and rear bumper on the driver's
side of said vehicle.
E. No person shall operate or permit to be operated any vehicle as a
taxicab on any street, highway or public place located within the
Village without the name and phone number of the owner and number
of the car assigned by the respective taxicab company affixed to each
side of the vehicle in clearly visible lettering at least three inches
in height, either painted thereon or otherwise securely affixed thereon.
The use of magnetic signs is prohibited.
[Added 8-2-2012 by L.L. No. 8-2012]
F. No person shall perform the duties of a dispatcher or engage in the
dispatching of any vehicle as a taxicab on any street, highway or
public place located within the Village without having been duly licensed
as a taxicab dispatcher as herein provided.
[Added 8-7-2014 by L.L. No. 11-2014]
[Amended 12-2-1999 by L.L. No. 3-1999; 11-2-2006 by L.L. No.
5-2006; 8-7-2014 by L.L. No. 11-2014]
Each applicant for an owner's or taxicab
or prearranged for-hire vehicle driver's license or a taxicab
dispatcher's license under this article shall file with the Village
Clerk an application therefor, in writing, upon forms prescribed by
the Commission and furnished without charge by the Village Clerk,
verified under oath and accompanied by such documents and proofs as
the Commission may by rule or regulation require and accompanied by
the appropriate application fee, containing the information hereinafter
required.
[Amended 7-15-1993 by L.L. No. 2-1993; 12-2-1999 by L.L. No.
3-1999; 11-2-2006 by L.L. No. 5-2006]
A. Required information.
(1) Each applicant for a taxicab or prearranged for-hire
vehicle driver's license shall show on the application filed, and
satisfy the Commission by competent proof, that he or she is:
(a)
At least 21 years of age.
(b)
The holder of a valid Class 4 motor vehicle
operator's license issued by the New York State Department of Motor
Vehicles.
(c)
Of sound physique, with good eyesight and hearing
and is not subject to epileptic or other seizures, intermittent loss
of consciousness, vertigo, heart disease or other infirmity of mind
or body that might render him or her unfit to operate a vehicle.
(d)
Able to read and write the English language.
(e)
Clean in dress and person and is not addicted
to the use of any controlled substance or is a person who makes excessive
use of intoxicating beverages.
(f)
A person of good moral character and who has not been convicted in any jurisdiction of a crime of moral turpitude, as defined in Article
II hereof.
(g)
A person who has not been convicted of any crime
that would render his licensed operation of a taxicab or prearranged
for-hire vehicle an unreasonable danger or risk to his passengers
or the general public.
(h)
A person with such other attributes or capabilities
as the Commission may, by rule or regulation hereafter adopted, reasonably
require.
(2) The applicant shall furnish any other relevant information
in support of the application that the Commission may, by rule or
regulation hereinafter adopted, require.
B. Each applicant for a taxicab or prearranged for-hire
vehicle driver's license hereunder shall also submit with the application:
(1) Three photographs of the applicant taken within 30
days prior to the date of filing the application, 1 1/2 inches by
1 1/2 inches in size, containing a true likeness of the applicant
and showing only the neck, shoulders and uncovered head.
(2) A certificate from a physician duly licensed in the
State of New York certifying that, in his judgment, the applicant
is not affected with any physical or mental disease or infirmity that
might make him an unsafe or unsatisfactory driver.
(3) Exhibit for inspection and notation by the Village
Clerk his or her current New York State driver's license of the proper
class.
(4) A complete statement by the applicant specifying all
crimes, whether felonies or misdemeanors, of which the applicant has
been convicted, stating the name of the court in which and the date
on which such convictions were rendered, as well as the sentence imposed
therefor.
(5) A statement as to any other taxicab or livery driver
licenses held or formerly held by the applicant issued by any jurisdiction,
setting forth the date each such license was issued, the name and
address of the issuing agency, the current expiration date, if any,
and whether or not such license was ever suspended or revoked or renewal
thereof was refused.
C. Taxicab or prearranged for-hire vehicle application.
(1) All applicants for taxicab or prearranged for-hire vehicles driver's
licenses shall submit to a fingerprint record check in the form prescribed
by the New York State Division of Criminal Justice Services (hereinafter
referred to as the "Division").
[Amended 8-7-2014 by L.L. No. 11-2014]
(2) Such fingerprint record check shall be submitted to the Division with a request for all criminal history record information on the applicant allowed to be disclosed by law. Upon receipt of such criminal history record information from the Division, the same shall be reviewed by the Commission's Chairman or Secretary and, if there is not evidence of the applicant having been convicted of a crime of moral turpitude or of a crime that would render his or her operation of a taxicab or prearranged for-hire vehicle an unreasonable danger or risk to customers or to the general public as defined in Article
II, a taxicab or prearranged for-hire vehicle driver's license shall be issued to the applicant upon his or her compliance with all other requirements of this chapter. The fees of the Division for furnishing such criminal record history information shall be borne by the applicant.
[Amended 8-7-2014 by L.L. No. 11-2014]
(3) In the event that the record discloses information
that the applicant has been previously convicted of a crime of moral
turpitude or of a crime that would render his or her operation of
a taxicab or prearranged for-hire vehicle an unreasonable danger or
risk to his or her passengers or to the general public, the Commission
shall notify the applicant, in writing, of the existence of such information
and require the applicant to attend in person before the Commission
and to submit to an examination under oath with respect to and, if
requested, to produce documentary or other evidence concerning his
or her prior criminal conviction history, including the particular
facts and circumstances surrounding the crime or crimes for which
he or she was convicted which are crimes of moral turpitude or crimes
that would render his or her operation of a taxicab or prearranged
for-hire vehicle in the Village an unreasonable danger or risk to
his or her passengers or to the general public.
(4) In determining whether to issue a taxicab or prearranged
for-hire vehicle driver's license to the applicant following such
hearing, the Commission shall consider and be guided by the factors
set forth in § 753 of Article 23-A of the Correction Law
of the State of New York.
(5) At the request of an applicant previously convicted
of one or more criminal offenses who has been denied a taxicab or
prearranged for-hire vehicle driver's license hereunder, the Commission
shall provide, within 30 days of a request, a written statement setting
forth the reasons for such denial.
[Added 8-7-2014 by L.L. No. 11-2014]
A. Required information.
(1)
Each applicant for a taxicab dispatcher's license shall
show on the application filed, and satisfy the Commission by competent
proof, that he or she is:
(a)
At least 21 years of age.
(b)
Able to read and write the English language.
(c)
Clean in dress and person and is not addicted to the use of
any controlled substance or is a person who makes excessive use of
intoxicating beverages.
(d)
A person of good moral character and who has not been convicted in any jurisdiction of a crime of moral turpitude, as defined in Article
II hereof.
(e)
A person who has not been convicted of any crime that would
render his licensed operation of a taxicab terminal or base station
an unreasonable danger or risk to his customers or the general public.
(f)
A person with such other attributes or capabilities as the Commission
may, by rule or regulation hereafter adopted, reasonably require.
(2)
The applicant shall furnish any other relevant information in
support of the application that the Commission may, by rule or regulation
hereinafter adopted, require.
B. Each applicant for a taxicab dispatcher's license hereunder
shall also submit with the application:
(1)
Three photographs of the applicant taken within 30 days prior
to the date of filing the application, 1 1/2 inches by 1 1/2
inches in size, containing a true likeness of the applicant and showing
only the neck, shoulders and uncovered head.
(2)
A certificate from a physician duly licensed in the State of
New York certifying that, in his judgment, the applicant is not affected
with any physical or mental disease or infirmity that might make him
an unsafe or unsatisfactory dispatcher.
(3)
A complete statement by the applicant specifying all crimes,
whether felonies or misdemeanors, of which the applicant has been
convicted, stating the name of the court in which and the date on
which such convictions were rendered, as well as the sentence imposed
therefor.
(4)
A statement as to any other taxicab or livery driver licenses
held or formerly held by the applicant issued by any jurisdiction,
setting forth the date each such license was issued, the name and
address of the issuing agency, the current expiration date, if any,
and whether or not such license was ever suspended or revoked or renewal
thereof was refused.
C. Additional requirements for a taxicab dispatcher's application.
(1)
All applicants for taxicab dispatcher's licenses shall
submit to a fingerprint record check in the form prescribed by the
New York State Division of Criminal Justice Services (hereinafter
referred to as the "Division").
(2)
Such fingerprint record check shall be submitted to the Division with a request for all criminal history record information on the applicant allowed to be disclosed by law. Upon receipt of such criminal history record information from the Division, the same shall be reviewed by the Commission's Chairman or Secretary and, if there is not evidence of the applicant having been convicted of a crime of moral turpitude or of a crime that would render his or her operation of a taxicab terminal or base station an unreasonable danger or risk to customers or to the general public as defined in Article
II, a taxicab dispatcher's license shall be issued to the applicant upon his or her compliance with all other requirements of this chapter. The fees of the Division for furnishing such criminal record history information shall be borne by the applicant.
(3)
In the event that the record discloses information that the
applicant has been previously convicted of a crime of moral turpitude
or of a crime that would render his or her operation of a taxicab
terminal or base station an unreasonable danger or risk to his or
her customers or to the general public, the Commission shall notify
the applicant, in writing, of the existence of such information and
require the applicant to attend in person before the Commission and
to submit to an examination under oath with respect to and, if requested,
to produce documentary or other evidence concerning his or her prior
criminal conviction history, including the particular facts and circumstances
surrounding the crime or crimes for which he or she was convicted
which are crimes of moral turpitude or crimes that would render his
or her operation of a taxicab terminal or base station in the Village
an unreasonable danger or risk to his or her customers or to the general
public.
(4)
In determining whether to issue a taxicab dispatcher's
license to the applicant following such hearing, the Commission shall
consider and be guided by the factors set forth in § 753
of Article 23-A of the Correction Law of the State of New York.
(5)
At the request of an applicant previously convicted of one or
more criminal offenses who has been denied a taxicab dispatcher's
license hereunder, the Commission shall provide, within 30 days of
a request, a written statement setting forth the reasons for such
denial.
D. Waiver of dispatcher license requirement. The holder of a valid,
current taxicab or livery driver's license issued by the Village
of Westbury Taxicab Commission shall be exempt from the requirements
of this section.
[Amended 12-2-1999 by L.L. No. 3-1999; 11-2-2006 by L.L. No.
5-2006]
The Commission shall review each application
for a taxicab or prearranged for-hire vehicle driver's license and
make such investigation thereon as it deems necessary. If the Commission,
upon reviewing the application and conducting such investigation of
the facts contained therein as it may deem proper as hereinafter provided,
is satisfied that the applicant for a taxicab or prearranged for-hire
vehicle driver's license meets the criteria prescribed by this article
and by such additional rules and regulations as the Commission may
from time to time hereinafter adopt, it shall approve such application
and, upon payment of the appropriate fee therefor, issue a taxicab
or prearranged for-hire vehicle driver's license to the applicant.
Such license shall be valid for a period ending on the last day of
the 12th month after the month in which it is issued, unless sooner
suspended or revoked, as hereinafter provided.
Each applicant for an owner's license shall
show on the application filed, and satisfy the Commission by competent
proof of, the veracity of the following facts:
A. The name and address of the applicant specifying,
in the case of any unincorporated association or partnership, the
name and address of each member thereof and, in the case of a corporation,
the name and address of each officer, director and shareholder thereof.
B. A complete statement by the applicant specifying the
amounts of all unpaid judgments against the applicant and the nature
of the transaction or acts giving rise to said judgments and the name
and location of the court in which, and the date on which, each was
entered.
C. All misdemeanors or felonies of which the applicant,
and each member thereof if an unincorporated association or partnership,
and, if a corporation, each officer, director and shareholder thereof,
has been convicted, stating the name and location of the court in
which and the date on which such convictions were rendered and the
sentence imposed therefor.
D. The experience in the transportation of passengers
of the applicant, and each member thereof if an unincorporated association
or partnership, and, if a corporation, each officer, director and
stockholder thereof.
E. A statement by the applicant establishing why, in
its opinion, the public convenience and necessity require the granting
of a license.
F. The number of taxicabs or prearranged for-hire vehicles
proposed to be operated by the applicant and, if the applicant has
already acquired the vehicles he intends to operate under such license,
the description of each such vehicle, including the make, model, passenger
seating capacity, year of manufacture, vehicle identification number,
New York registration number and, if such vehicle has ever been in
an accident, the date, place and nature of the accident and a description
of the damage thereto, and accompanied by a copy of the current registration
certificate of a type which permits use of the vehicle as a taxicab
or prearranged for-hire vehicle in the State of New York. In the event
that the applicant has not already acquired the vehicles he intends
to operate under such license, a license may, nonetheless, be issued,
provided that the application sets forth the number, type and passenger
seating capacity of each taxicab or prearranged for-hire vehicle proposed
to be operated by the applicant, and provided further that no taxicab
or prearranged for-hire vehicle may be operated under such license
within the Village unless and until the aforesaid vehicle information
and documentation has been submitted to and approved by the Commission
and recorded on its license.
[Amended 11-2-2006 by L.L. No. 5-2006]
G. The age and citizenship of the applicant and, if an
unincorporated association, each member thereof and, if a corporation,
each officer, director and shareholder thereof.
H. The location of any and all taxicab stands and terminals
proposed to be utilized by the applicant.
I. The name, resident address, date of birth, citizenship
and experience in the transportation of passengers by taxicab or prearranged
for-hire vehicle of the person or persons intended by the applicant
to be in immediate charge and supervision of the taxicabs or prearranged
for-hire vehicles that the applicant intends to operate within the
Village.
[Amended 11-2-2006 by L.L. No. 5-2006]
J. Whether the applicant or any partner, principal or
shareholder thereof has been previously licensed to operate a taxicab
or prearranged for-hire vehicle and, if so, where, when and by whom
such license was granted and whether such license was ever suspended,
revoked or canceled and, if so, when and for what cause, giving full
particulars.
[Amended 11-2-2006 by L.L. No. 5-2006]
K. Proof of compliance with the applicable compulsory
insurance or financial responsibility provisions of the Vehicle and
Traffic Law of the State of New York.
L. Any other relevant information that the Commission
may, by rule or regulation hereinafter adopted, reasonably require.
[Amended 11-2-2006 by L.L. No. 5-2006]
The Commission shall review each application
for an owner's license and make such investigation thereon as it deems
necessary. If the Commission, after reviewing such application and
conducting such investigation of the facts contained therein as it
may deem proper, is satisfied that the applicant meets the criteria
prescribed by this article and that the public convenience and necessity
require the issuance of a license to the applicant to operate one
or more taxicabs or prearranged for-hire vehicles within the Village,
it shall authorize issuance of an owner's license. Such license shall
specify, by vehicle identification number, the taxicabs or prearranged
for-hire vehicles that the applicant is authorized to operate; provided,
however, that the number of such taxicabs or prearranged for-hire
vehicles authorized for operation, when added to the number of taxicabs
or prearranged for-hire vehicles operated or authorized to be operated
by other applicants found qualified by the Commission, at that time,
shall not exceed the total number of vehicles that the Board of Trustees
has, by resolution, authorized to be operated within the Village during
the period of time for which such owner's license is to be issued.
[Amended 11-2-2006 by L.L. No. 5-2006]
Whenever in any licensing period it shall appear
that the number of taxicabs or prearranged for-hire vehicles for which
owners' licenses are sought by applicants (whether applicants for
original or renewal licenses) exceeds the maximum number of taxicabs
or prearranged for-hire vehicles authorized by resolution of the Board
of Trustees to be operated within the Village, the Commission shall
determine the number of taxicabs or prearranged for-hire vehicles
each applicant approved for issuance of an owner's license shall be
authorized to operate and shall allocate the available number of authorized
taxicabs or prearranged for-hire vehicles, in accordance with the
following criteria and standards to be considered by the Commission
in making its allocations of licensed taxicabs or prearranged for-hire
vehicles:
A. The previous records, if any, of the applicant as
a prior holder of a taxicab or prearranged for-hire vehicle license.
B. The record of the applicant as to the condition of
the vehicles, if previously licensed, and the record of observance
of the provisions of the Vehicle and Traffic Law and other laws affecting
said taxicab or prearranged for-hire vehicle operation.
C. The character of service rendered by each applicant,
if previously licensed.
D. To what extent the applicant is a common operator
with other applicants, whether by means of direct ownership, partnerships
or interlocking corporations considered real principals in interest.
E. Whether the applicant has appropriate storage space,
communications and parking facilities and a dispatch office or terminal.
F. The type of equipment proposed to be used and any
programming for the solicitation and training of drivers.
[Amended 11-2-2006 by L.L. No. 5-2006]
A. Every holder of an owner's license issued hereunder
who shall desire to increase the number of taxicabs or prearranged
for-hire vehicles that he is then authorized to operate, to diminish
the number thereof or to substitute one taxicab or prearranged for-hire
vehicle for another and obtain a license card therefor shall make
an application therefor to the Commission, in writing and under oath,
and filed with the Village Clerk, stating:
(1) The name and address of the applicant.
(2) The applicant's owner's license number.
(3) In case of an addition, any facts that the applicant
believes tend to prove that the public convenience and necessity require
such addition and, in the case of a deletion or substitution, the
reasons for the deletion or substitution.
(4) A description of each such additional, deleted or
substituted vehicle, including the make, model, passenger seating
capacity, year of manufacture, copies of a current New York State
registration of a type which permits use of the vehicle as a taxicab
or prearranged for-hire vehicle, identification number and, if it
has ever been involved in an accident, the date, place and nature
of the accident and a description of the damage done to such vehicle.
B. In the case of an application for authorization to
operate additional taxicabs or prearranged for-hire vehicles, the
Commission shall determine whether the public convenience and necessity
will be served by a grant of the application. In so determining, the
Commission shall consider, among other things, whether the applicant's
prior record of public service, utilization of taxicabs or prearranged
for-hire vehicles and business justify the grant of the application.
No such application shall be granted if the effect thereof would be
to authorize licensing of taxicabs or prearranged for-hire vehicles
exceeding, in total number, the maximum number of taxicabs or prearranged
for-hire vehicles authorized by the Board of Trustees to operate within
the Village.
Upon receipt of any license application under
this article, the Commission shall conduct, or cause to be conducted,
such investigation as it shall deem necessary. The Commission may,
in its discretion, before the issuance of any license under this article,
require the applicant and any other person having knowledge of the
facts to submit to any examination under oath and to produce evidence
relating thereto or to hold a hearing upon such application as hereinafter
provided, with respect to any information or data relevant to the
application. The cost of such examination or hearing shall be paid
by the applicant.
Any license issued under this article shall
be nontransferable.
A. Taxicab or prearranged for-hire vehicle driver's licenses
shall expire on the last day of the 12th month after the month in
which the license was issued. Prior to the expiration date thereof,
such licenses may be renewed for an additional period of one year
from the date of expiration upon filing a renewal application, in
writing, on forms to be furnished by the Village Clerk, under oath,
and accompanied by the appropriate fee. If it shall appear from such
renewal application and such additional investigation as the Commission
may require that the applicant continues to qualify for such taxicab
or prearranged for-hire vehicle driver's license in accordance with
the provisions of this article, the Commission shall, unless for good
cause shown, issue a renewal license to such applicant.
[Amended 12-2-1999 by L.L. No. 3-1999; 11-2-2006 by L.L. No.
5-2006]
B. Prior to the expiration date thereof, an owner's license issued under this article may be renewed for an additional period of one year from the date of expiration, upon the filing of an application containing all information required by §
226-11, except the requirements of Subsections
D,
E,
G and
J thereof, and setting forth, under oath, any changes in information furnished upon the original application at least 30 days prior to the date of expiration of the existing license and accompanied by the appropriate fee. If it shall appear from such renewal application and such additional investigation as the Commission may require that the applicant continues to qualify for such owner's license in accordance with the provisions of this article and subject to the provisions of §
226-13, the Commission shall, unless for good cause shown, issue a renewal license to such applicant.
C. Any license not renewed prior to its expiration date
shall be deemed expired and null and void, except for good cause shown.
[Amended 11-2-2006 by L.L. No. 5-2006]
Each applicant for an owner's license, or a
renewal thereof, or for addition or substitution of taxicabs and prearranged
for-hire vehicles shall, before issuance of such license, file with
the Commission, by delivering the same to the Village Clerk, a certificate
of insurance that the applicant and each taxicab or prearranged for-hire
vehicle operated or proposed to be operated by him pursuant to such
license is insured against public liability in at least the minimum
limits required by the laws of the State of New York for personal
injury and property damage, which insurance shall be maintained in
force during the period covered by the license. Such certificate and
insurance shall provide that the Village of Westbury shall be given
30 days' prior written notice of cancellation. Such policy shall not
be canceled or suspended either by the insured or the insurer unless
at least 30 days' notice, in writing, of the intention to cancel or
suspend such policy has been filed with the Village Clerk, and, upon
such suspension or cancellation of insurance, the license of said
owner to operate such taxicabs or prearranged for-hire vehicles shall
be on file with the Village Clerk.
[Amended 12-2-1999 by L.L. No. 3-1999; 7-20-2006 by L.L. No.
3-2006; 11-2-2006 by L.L. No. 5-2006]
Upon approval of the application for an owner's
license or renewal thereof, or upon approval of an application for
the addition or substitution of one or more taxicabs or prearranged
for-hire vehicles by an owner, and upon payment of the proper fees
and issuance of such license, the Village Clerk shall prepare and
deliver to such licensed owner a license card for each taxicab or
prearranged for-hire vehicle licensed to be operated. The card shall
be of a size and form prescribed by rule or regulation of the Commission
and shall contain the official license number assigned by the Commission,
the taxicab or prearranged for-hire vehicle for which it was issued,
the licensed owner's name and such other information as the Commission
may require. A driver's license card of a size and form prescribed
by rule or regulation of the Commission shall also be issued to each
holder of a taxicab or prearranged for-hire vehicle driver's license
issued hereunder. Such vehicle license card shall be prominently displayed
within the interior of the taxicab or prearranged for-hire vehicle
for which it was issued, and such driver's license card shall be prominently
displayed in the taxicab or prearranged for-hire vehicle which the
licensed driver is operating, both being displayed in the location
and manner prescribed by rule or regulation of the Commission. They
shall be produced for inspection at any time upon demand by a police
officer or representative of the Commission. Notations shall be made
thereon of every suspension. The vehicle and driver's license cards
shall be surrendered to the Commission or Village Clerk upon revocation
or expiration thereof and, in the case of a vehicle license card,
upon deletion of the license or upon substitution of another taxicab
or prearranged for-hire vehicle for the taxicab or prearranged for-hire
vehicle for which it was originally issued. Every owner's vehicle
and driver's license and license card issued shall be signed by the
Village Clerk or Deputy Village Clerk and shall bear the Seal of the
Village.
[Amended 11-2-2006 by L.L. No. 5-2006]
The Village Clerk, on behalf of the Commission,
shall keep a register or card index of the name, address and telephone
number (if any) of each owner and driver to whom a license has been
issued under this article and under any prior ordinance governing
such licenses. The register or card index shall, in the case of an
owner, also give a description of each taxicab or prearranged for-hire
vehicle for which a taxicab or prearranged for-hire vehicle license
card was issued, including vehicle identification and New York State
registration numbers, make, model and year of manufacture. In the
case of a driver, it shall give his date of birth, last known residence
address and New York State motor vehicle operator's number. Such records
shall be kept permanently and be open to inspection by the public
during regular business hours of the Village office.
A. Temporary suspensions. The Commission, upon receiving information giving it reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this chapter or other law referred to in Subsection
B of this section or has been indicted or formally charged with or for any crime or offense or is guilty of having made a false statement or misrepresentation in his application, may forthwith temporarily suspend such license for a period of 21 days or until a hearing can be held by the Commission as hereafter provided, whichever is sooner.
B. Suspension or revocation after hearing. Any owner's
or taxicab or prearranged for-hire vehicle driver's license issued
hereunder may be suspended for a period of not more than three months
or revoked by the Commission if it shall be determined, based upon
a preponderance of the evidence, that the holder has violated any
provision of this chapter, any chapter of the Village Code or any
traffic law, local law, ordinance or regulation of the State of New
York, any rule or regulation of the Commission or of any municipality
of the State of New York or, in the case of an owner, the owner, except
for good cause shown, is not currently operating within the Village
the number of taxicabs or prearranged for-hire vehicles authorized
to be operated under his current license or is guilty of making a
false statement or misrepresentation in his application. No license
shall either be suspended or revoked hereunder unless a prior hearing
thereon has been held by the Commission not less than 10 days after
written notice thereof shall have been given to the licensee, either
in person or by registered mail.
[Amended 12-2-1999 by L.L. No. 3-1999; 11-2-2006 by L.L. No.
5-2006]
A. Application for review. Any applicant who shall have
been denied an owner's or taxicab or prearranged for-hire vehicle
driver's license under this chapter and any licensee whose owner's
or taxicab or prearranged for-hire vehicle driver's license has been
suspended for more than three months or has been revoked may apply
to the Board of Trustees for a review of the action of the Commission,
as hereinafter provided:
[Amended 12-2-1999 by L.L. No. 3-1999; 11-2-2006 by L.L. No.
5-2006]
(1) Such application to the Board of Trustees for review
shall be in writing, signed and acknowledged by the applicant, and
shall state the ground or grounds on which the applicant claims that
the determination of the Commission was erroneous. The application
for review shall be filed by delivery to the Village Attorney by mail
or in person.
(2) Such application shall be filed within 20 days after
notice of denial of the application or after notice of the license
suspension or revocation by the Commission has been mailed or delivered
in person to the applicant or license holder concerned.
(3) Upon the filing of such application, the Board of Trustees shall hold a hearing thereon, pursuant to the provisions of Subsection
B hereof. Such hearing shall be held within 90 days after the filing of an application therefor.
(4) At such hearing the Board of Trustees shall consider
the applicant's application upon the record before the Commission
and, in its discretion, may receive new or additional evidence in
support thereof or in opposition thereto.
B. Procedure for hearings. Whenever it shall be provided
herein that a hearing shall or may be held by the Board of Trustees
with respect to any matter:
(1) Such hearings shall be held on a date and at a place
and hour designated by the Board of Trustees.
(2) The Board of Trustees shall cause notice thereof to
be given, stating the name and address of the applicant or license
holder concerned, the subject matter of the hearing and the date,
place and hour thereof designated therefor by mailing a copy thereof
to the applicant or license holder concerned at the address shown
upon the most recent application of such applicant or licensee at
least 10 days before such hearing.
(3) The notice required in Subsection
B(2) above shall be published at least once a week for two successive weeks in a newspaper of general circulation in the County of Nassau, the first publication to be at least 10 days before the date fixed for such public hearing.
(4) The applicant or license holder concerned shall be
entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence in his own behalf as may
be relevant to the subject matter of the hearing.
C. Board's decision final. The Board of Trustees, after
such hearing, may reverse or affirm, wholly or partly, or modify the
action of the Commission appealed from and shall make such decision
or determination as, in its opinion, ought to be made, and to that
end shall have all the powers of the Commission. Subject to judicial
review, the decision of the Board shall be final.