[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Neck 1-4-1982 by L.L. No. 1-1982. Amendments noted where
applicable.]
Every license or permit shall constitute a personal
privilege of the person to whom it was issued and is not assignable
or transferable and shall not be availed of by any person not named
or described therein.
Every license shall be valid for a period of
time therein specified, but shall not extend for a longer period of
time than the 31st day of December of the year following that in which
the license was issued.
Except as otherwise provided by ordinances now
or heretofore enacted, every license and permit required by any Village
ordinance shall be in writing and shall be issued by the Village Clerk
under the seal of the Village and shall state the name and address
of the person to whom it is issued, the term and the purpose thereof
and the fee paid therefor.
In case the right granted under any license
or permit shall not have been exercised within six months after the
date of its issue, such license or permit shall thereupon become void
and shall grant no further rights to any person and shall be forthwith
surrendered to the Village Clerk upon demand. In such case, no part
of the fee shall be refunded.
No license or permit shall be issued until the
fee provided therefor has been paid; provided, however, that the Mayor,
in his or her discretion, may waive the payment of the fee in case
of a license or permit issued to any charitable institution or any
association or other group formed or organized for charitable, religious,
educational, political or patriotic purposes.
[Amended 1-5-1998 by L.L. No. 1-1998]
No license or permit shall be issued, reissued
or extended to any person whom the Board of Trustees shall reasonably
deem unfit or against whom any complaints have been submitted which
he or she shall deem justifiable or whose conduct may have been objectionable
to the residents of the Village of Hewlett Neck. No license shall
be issued to any person whose conduct may, in the judgment of the
Board of Trustees, have been immoral or improper or objectionable,
or whose business or method of conducting the same shall, in the judgment
of the Mayor or the Village Clerk, be likely to disturb or tend to
disturb the peace and order of the Village or create or tend to create
unsanitary or annoying conditions or to litter the streets, sidewalks
and other public or private property or is likely to be objectionable
to its residents.
[Amended 1-5-1998 by L.L. No. 1-1998]
Whenever it shall appear to the satisfaction
of the Board of Trustees that there has been any false statement or
any misrepresentation as to a material fact in the application on
which the license or permit was based or that any license or permit
has been issued in error or that the conditions are such that the
license or permit should not have been issued or that there has been
a failure to comply with any statute, ordinance, rule or regulation
or for any condition upon which the license or permit was granted
or that the further use of the license or permit or the exercise of
the privileges thereunder would be contrary to the best interests
of the Village or its inhabitants or could cause or tend to cause
injury, damage or annoyance to persons or property in the Village
or that other sufficient or adequate reasons exist, the Mayor or the
Village Clerk may forthwith suspend such license or permit with or
without notice, and without refunding any portion of the license fee,
but shall report the facts and circumstances to the Board of Trustees
at its next regular meeting. Thereupon, the Board of Trustees may,
in its discretion, forthwith and without notice revoke said license
or permit or may continue the suspension of such license or permit
for such period of time as the Board may determine. The licensee,
shall, however, have the right to appear before the Board of Trustees
and present such proof as he or she may desire in respect to any such
matter. The Board of Trustees may also require the licensee to appear
before the Board and show cause why the license or permit should not
be permanently revoked, and the failure of the licensee to appear
at the time and place appointed shall, without more, be deemed adequate
grounds for the permanent revocation of the license or permit.
During the period of time that any such license
or permit has been suspended, or after the same has been revoked,
the licensee shall be entitled to no more rights or privileges than
if the license or permit had never been issued, but all actions done
in good faith while the license or permit was in force, and in conformity
with statute, ordinance, rules and regulations and the conditions
of the license or permit shall be valid.
No licensee, servant, agent or employee of a
licensee and no owner, licensee, manager, operator or other person
having charge or control of any premises or part thereof wherein or
whereon any licensed activity is carried on or performed shall do,
or knowingly allow or permit any person, whether in his or her employ
or otherwise, to do or permit any act or acts in violation of the
terms and conditions upon which such license or permit has been issued,
or in violation of any statute, ordinance, rule or regulation applicable
thereto.
[Amended 5-3-1982 by L.L. No. 5-1982; 1-5-1998 by L.L. No. 1-1998]
For the privilege of carrying on activities
or of performing the acts for which licenses or permits are required,
such licenses or permits shall be issued upon compliance with all
of the terms and conditions hereinafter referred to and upon the payment
of the fees hereinafter specified, in the appropriate Village resolution.
No such activities shall be carried on and no such acts shall be performed
unless and until the required license or permit has been issued and
the specified fee has been paid. No such fees shall be returnable.
[Amended 5-3-1982 by L.L. No. 5-1982; 5-7-1990 by L.L. No. 1-1990; 1-5-1998 by L.L. No. 1-1998]
The fee schedule for licenses and permits is
on file in the Village offices and available for inspection during
regular business hours. The fees contained therein may be amended
from time to time by resolution of the Board of Trustees.
In the discretion of the Village Clerk issuing
the license or permit, or the Mayor, he or she may impose such terms
and conditions as deemed reasonable and proper for the protection
of the Village and the persons and property therein, or to avoid damage
or annoyance to persons who may be affected by the exercise of the
license or permit.
