Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[Amended 5-12-1998 by L.L. No. 13-1998; 5-9-2006 by L.L. No. 21-2006]
After the filing of an application for a license, registration certificate, or renewal thereof and payment of the required fee, the Licensing Review Board shall examine the application and make such investigation as it deems necessary or advisable. Upon completion of the same, the Licensing Review Board shall issue a license or registration certificate unless it finds that the applicant is unfit or undesirable to carry on such home improvement, plumbing or electrical business or is incapable of properly conducting such home improvement business, in which event it shall deny the registration.
A. 
The Licensing Review Board shall notify the applicant of a denial of an application for a license or registration certificate. Service of such notice shall be made personally or by certified mail, addressed to the address set forth in the application. The notice shall include or be accompanied by a statement that the applicant may request an appeal before the Town Board by filing a written request therefor with the Town Clerk. The Town Clerk shall give the appealing party at least five days' written notice of the time and place of such hearing.
B. 
At the time and place set for the hearing upon the appeal from the determination of the Licensing Review Board, the Town Board shall give the appealing party and any other interested party a reasonable opportunity to be heard, in order to show cause before said Board why the determination of the Licensing Review Board should not be upheld. The decision of the Town Board shall be in writing, shall specify the ground or grounds upon which the decision is based and shall be final and conclusive.
A. 
Formation and composition.
(1) 
There is hereby established in and for the Town of Southampton a Licensing Review Board consisting of either three or five members, as may be determined from time to time by the Town Board, who shall be appointed by the Town to serve at the pleasure of the Town Board. In no event shall a member serve for more than two years unless reappointed by the Town Board.
(2) 
The Town Board shall designate one member of the Licensing Review Board to serve as Chairman thereof.
(3) 
A majority of the members shall constitute a quorum of the Licensing Review Board.
(4) 
Members of the Licensing Review Board shall be residents of the Town.
(5) 
At least one member of the Licensing Review Board shall be a home improvement contractor who resides and has his place of business in the Town.
B. 
Function. It is the function of this Board to hear and determine any complaint or grievance that may be the basis for suspension or revocation of the license or registration certificate upon a finding that the licensee or registration certificate holder has been guilty of any one of the following:
(1) 
Fraud, misrepresentation or bribery in securing a license or registration certificate.
(2) 
The making of any false statement as to a material matter in any application for a license or registration certificate.
(3) 
The person or the management personnel of the contractor are untrustworthy or not of good character.
(4) 
The business transactions of the contractor have been or are marked by a practice of failure to timely perform or complete his contracts or the manipulations of assets or accounts or by fraud or bad faith or are marked by an unwholesome method or practice of solicitation of business from owners.
(5) 
Failure to display the license or registration certificate as provided in this chapter.
(6) 
Failure to comply with any demand or requirement lawfully made by the Licensing Review Board or Town Board.
(7) 
An agent or employee of a licensee or registration certificate holder has been found guilty of an act of omission, fraud, or misrepresentation and the licensee or registration certificate holder has approved or had knowledge thereof.
(8) 
Violation of any provision of this chapter.
(9) 
Abandonment or willful failure to perform, without justification, any home improvement, plumbing or electrical contract or project engaged in or undertaken by a home improvement, plumbing or electrical contractor or willful deviation from or disregard of plans or specifications in any material respect without the consent of the owner and, where required, from the Licensing Review Board.
(10) 
Making a substantial misrepresentation in the solicitation or procurement of a home improvement, plumbing or electrical contract or making any false promise of a character likely to influence or persuade or induce.
(11) 
Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note or other document incident to a home improvement, plumbing, or electrical transaction.
(12) 
Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligations of a home improvement, plumbing, or electrical transaction with knowledge that it recites a greater monetary obligation than the agreed consideration for the home improvement, plumbing, or electrical work.
(13) 
Directly or indirectly publishing any advertisement relating to home, plumbing, or electrical improvements which contain an assertion, representation or statement which is false, deceptive or misleading, provided that any advertisement which is subject to and complies with the then existing rules, regulations or guidelines of the Federal Trade Commission shall not be deemed false, deceptive or misleading, or by any means advertising or purporting to offer the general public any home improvement, plumbing, or electrical work with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.
(14) 
Willful or deliberate disregard and/or violation of the building, sanitary, fire, zoning, electrical, plumbing, environmental and health laws of the Town, county or state.
(15) 
Failure to notify the Licensing Review Board of any change of control in ownership, management or business name or location.
(16) 
Conducting a home improvement, plumbing, or electrical business in any name other than the one in which the home improvement contractor is licensed or for which a plumbing or electrical contractor's registration certificate has been issued.
(17) 
Failure to conduct home improvements in a skillful manner as defined in § 777 of the General Business Law of the State of New York.
(18) 
Failure to conduct plumbing or electrical business in accordance with the standards set forth in Chapter 275 of the Suffolk County Code.
C. 
Procedure.
(1) 
The Licensing Review Board shall have the right to determine whether or not it will take jurisdiction of any complaint submitted to it. In the event that it shall deny jurisdiction, such determination shall be in writing, and a copy shall be mailed to the complainant.
(2) 
If the Licensing Review Board, upon reasonable cause, should believe that any licensee or registration certificate holder has violated any of the provisions of this chapter, such Board shall have the power to make such investigation as it shall deem necessary or advisable and to request the issuance of a stop-work order by the Building Inspector of the Town of Southampton.
(3) 
The Licensing Review Board shall maintain records and files of any and all hearings held by it.
A. 
The Licensing Review Board shall have the power to revoke a license or registration certificate if it determines, after a public hearing as hereinafter provided, that the registration certificate holder is unfit or incapable of properly conducting such plumbing and/or electrical contractor business. The Licensing Review Board shall have the power to suspend a license or registration certificate if it determines, after a public hearing as hereinafter provided, that the licensee or registration certificate holder has been guilty of any act or circumstances set forth in § 143-11B of this chapter.
B. 
If the Licensing Review Board determines to hold such a hearing, it shall notify the licensee or registration certificate holder that a hearing will be held before the Licensing Review Board to determine whether his license or registration certificate should be suspended or revoked. Such notice shall specify the time and place of the hearing and the ground or grounds for suspension or revocation which will be the subject of the hearing. Such notice shall be in writing, shall be served at least 10 days prior to the hearing and shall be served personally or by certified mail, return receipt requested, addressed to the place of business of the licensee or registration certificate holder. A copy of such notice and a copy of the original complaint filed against any registration certificate holder shall be forwarded to the Suffolk County Executive's Office of Consumer Affairs.
C. 
At the time and place set for the hearing, the Licensing Review Board shall give the licensee or registration certificate holder and any other interested party a reasonable opportunity to be heard. The decision of the Licensing Review Board shall be in writing, shall specify the ground or grounds upon which the decision is based, and shall be final and conclusive.
D. 
If the Licensing Review Board determines that the license of a licensee or registration certificate of a holder should be suspended or revoked, the Licensing Review Board shall notify the applicant that his license or registration certificate is suspended or revoked. Such notice shall be served personally or by certified mail, return receipt requested, addressed to the place of business of the licensee or registration certificate holder. A licensee or registration certificate holder shall immediately surrender his license or registration certificate to the Licensing Review Board upon its suspension or revocation by the Licensing Review Board.
E. 
In lieu of suspension or revocation pursuant to Subsection D, the Licensing Review Board may require a bond with adequate security to ensure the completion of the work and/or correction of the work not conducted in a skillful manner, as that term is defined by § 777 of the General Business Law.
A. 
Any person who shall conduct or engage in any home improvement, plumbing or electrical business without having obtained a license or registration certificate therefor, in violation of this chapter, or who shall conduct or engage in any home improvement, plumbing or electrical business while his license or registration certificate is suspended or revoked, in violation of this chapter, upon conviction, shall be punishable by a fine of not less than $100 and not to exceed $1,000 or by imprisonment for not more than 15 days, or both, for each and every violation.
B. 
Each and every home improvement, plumbing or electrical contract entered into or undertaken or performed by a home improvement, plumbing or electrical contractor without having obtained or maintained in effect a license or registration certificate thereof, in violation of this chapter, shall be deemed a separate violation of this chapter.
The Town of Southampton may enter into cooperative agreements with incorporated villages located in the Town of Southampton for the performance by the Town of Southampton of the functions, powers and duties relating to administration and enforcement of local laws adopted by such villages requiring a license or registration certificate in order to conduct or engage in home improvement, plumbing or electrical businesses in such villages. Such cooperative agreements may provide, among other things, that the Licensing Review Board shall serve as a licensing officer under such local laws, that the Town Licensing Review Board shall serve as the Licensing Review Board under such local laws, that the Town Board shall serve as the Board designated to hear appeals and to revoke and suspend licenses and registrations under such local laws, that application fees under such local laws shall be paid to the Town of Southampton shall serve as the license or registration certificate required under this chapter and under such local laws, so that a license or registration certificate will be permitted to engage in the home improvement, plumbing or electrical business in such villages and in the Town of Southampton by obtaining one license or registration certificate and paying one application fee.