A. 
Business owner's license. The Commissioner 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 Commissioner that the applicant lacks the character, experience or responsibility to engage in transportation for hire.
(2) 
Business review. A determination by the Commissioner 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 Commissioner, renders the applicant or his or her operator 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 or his or her operator has violated any provision of this or any other chapter of the Code of the Town of Brookhaven or any local law, ordinance, code, rule or regulation of Suffolk County, New York State, the Town of Brookhaven 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 or his or her operator 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.
(9) 
Criminality. Any felony conviction within 10 years.
B. 
Vehicle's certificate of operation. The Commissioner 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 Brookhaven, including any of the following:
(a) 
Lack of a valid business owner's license from the Town of Brookhaven 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 Commissioner.
(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, using the term of any previous certificate.
(f) 
A determination by the Commissioner 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, or 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 lights, stop or brake lights, directional signals, roof lights or interior lights.
(d) 
A faulty suspension system as can be determined by nonmechanic 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) 
Signs and/or displays not in conformance with this chapter.
(l) 
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.
A. 
Procedures. Any license, certificate or permit issued under this chapter shall be suspended by the Commissioner, as prescribed hereinbelow, and may be revoked, after a hearing by the Town Hearing Examiner, upon a determination that the holder thereof is undesirable or incapable of properly conducting transportation for hire or that the vehicle is undesirable or incapable of properly transporting passengers for hire. Failure to comply with the provisions of this chapter shall be sufficient cause for the suspension and revocation of such licenses, certificates and permits.
B. 
Regulations. The Commissioner shall suspend any license, certificate or permit and set the time and place for a revocation hearing, as prescribed in this chapter under the circumstances set forth herein:
(1) 
Noncompliance. Any violation of the provisions of this chapter or any reason for which the original application could have been disapproved, as set forth hereinabove.
(2) 
Criminality. Conviction of any crime or misdemeanor which, in the judgment of the Town Hearing Examiner, renders the holder or vehicle unfit or undesirable.
(3) 
Deception. Fraud, misrepresentation or false statements contained in the application for license or made in the course of conducting transportation for hire.
(4) 
Improper conduct. Conducting transportation for hire in an unlawful manner or in such a way as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(5) 
Improper postings. More than three convictions for failure to post any and all identification devices and placards, as required by this chapter, within five years.
C. 
Surrender of license, certificate, and permit. It shall be unlawful for any person to refuse to surrender a license, certificate and permit issued pursuant to this chapter to the Commissioner upon demand, after the license, certificate, and permit has been suspended, revoked or expired.
A. 
Notices. All notices shall be mailed, postage prepaid, certified mail, return receipt requested, to the applicant and/or license, certificate or permit holder at the last address filed by same with the Commissioner. In the event of suspension, which must be followed by a revocation hearing, notice shall be mailed, as prescribed herein, at least five days prior to the date set for the hearing.
B. 
Disapprovals. Notice of disapproval shall be given in writing, setting forth the grounds of the complaint and the right to an appeal hearing before the Town Hearing Examiner. An application to the Town Hearing Examiner for appeal of disapproval shall be filed within 30 days thereof with the Commissioner and accompanied by the proper fee as set forth in § 67-39 herein.
C. 
Suspensions. Notice of suspension shall be given in writing, shall take effect immediately upon issuance and shall set forth the grounds of the complaint with notice of hearing for revocation as set forth hereinbelow.
D. 
Revocations. Notice of hearing for revocation shall be included in a notice of suspension, as prescribed hereinabove, and shall be given in writing, setting forth the grounds of the complaint and the time and place of such revocation hearing before the Town Hearing Examiner. The Commissioner shall also require payment of the proper fee prior to the hearing.
E. 
Hearings. The Town Hearing Examiner may, based on the criteria set forth in this chapter and after holding an appeal or revocation hearing, take the action he or she deems appropriate, as set forth herein:
(1) 
Reversal. The Town Hearing Examiner may reverse the disapproval or suspension, with or without conditions, and issue or reinstate said license, certificate or permit.
(2) 
Affirmation. The Town Hearing Examiner may affirm the disapproval or suspension and reject said application or revoke said license, certificate or permit.
F. 
Decisions. The decision of the Town Hearing Examiner, after a hearing, shall be final, subject to review by a court of competent jurisdiction.
G. 
Reapplication. 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 revocation.
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 Commissioner, after a determination by the Commissioner, 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 Commissioner that the crime would not endanger the health, safety and welfare of the residents of the Town of Brookhaven.
The Commissioner shall keep a record of all applications, disapprovals, suspensions, revocations and complaints regarding licenses, certificates and permits, together with any reports in respect thereto, and shall forward such information, in writing, to the Suffolk County Police Department, which is to be updated semi-annually.