It shall be unlawful for any owner of any vehicle to permit the same to be operated as a taxicab, limousine, private livery car or private livery van upon the streets, highways, avenues or public places located within the Town of North Hempstead without having first obtained and having then in force an owner's license therefor as hereinafter provided. The fact that a vehicle is being operated as a taxicab, limousine, private livery car or private livery van shall be presumptive evidence that it is being operated by permission of the owner. All provisions of this article which apply to taxicabs, limousines and private livery vans shall also apply to private livery cars.
A. 
Every owner's license issued hereunder shall be issued as of the first day of September or subsequent date of issue and shall expire on the 31st day of August next succeeding such date, unless sooner revoked by the Town Board.
[Amended 8-6-1996 by L.L. No. 18-1996]
B. 
Owner's licenses issued February 1, 1990, shall be effective until March 15, 1991.
C. 
Owner's licenses effective as of February 1, 1991, shall expire on July 31, 1992, and the appropriate fee, as set by the Town Clerk, shall be charged for issuance of said license.
A. 
Every person applying for an owner's license shall file with the Town Clerk a written application upon forms to be furnished by the Town Clerk, verified under oath, stating, describing and/or including:
[Amended 6-13-2006 by L.L. No. 8-2006]
(1) 
The name and address of the applicant, specifying, in the case of any unincorporated association, the names and addresses of each member thereof. In the event that the applicant is a corporation, the applicant must provide the names and addresses of each officer, director and shareholder thereof; the date of incorporation; the address of the principal office of the corporation; the address for service of process upon the corporation; a copy of the corporation's certificate of incorporation; and a certificate of good standing from the Secretary of State.
(2) 
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.
(3) 
All misdemeanors or felonies of which the applicant and any member thereof, if an unincorporated association, and any officer, director and shareholder thereof, if a corporation, has been convicted, stating the name and location of the court in which the date on which such convictions were rendered and the sentence imposed therefor.
(4) 
The experience in the transportation of passengers of the applicant and each member thereof if an unincorporated association and each officer, director and stockholder thereof if a corporation.
(5) 
A statement by the applicant establishing that the public convenience and necessity requires the granting of a license.
(6) 
If such application shall contain a trade name under which the business is operated, a certified copy of the certificate thereof on file with the County Clerk.
(7) 
The number of vehicles to be operated by the applicant and a description of each such vehicle, including the make, model, passenger seating capacity, year of manufacture, copies of a current New York State registration of a type which permits the use of the vehicle as a taxicab, limousine or private livery van, vehicle identification number and, if it has ever been in any accident, the date and nature of the accident and a description of the damage done to such vehicle.
(8) 
The age and citizenship of the applicant and each member thereof if an unincorporated association and each officer, director and shareholder thereof if a corporation.
(9) 
The location of any and all taxi stands proposed to be established by the applicant and terminals proposed to be used by the applicant.
(10) 
In the case of a license for private livery cars, a certification of affiliation with a base which is licensed pursuant to this chapter.
(11) 
Any other relevant information which the Town Clerk may require.
B. 
The applicant shall be fingerprinted under the direction and supervision of the Town Clerk, including, where required by the Town Clerk, all members, directors and shareholders. The prevailing fee, as determined by the New York State Division of Criminal Justice, for the processing of said fingerprints shall be charged and collected by the Town Clerk at the time the fingerprints are taken. The requirements of this subsection may be waived at the discretion of the Town Clerk upon the showing of facts warranting the waiving thereof.
[Amended 6-13-2006 by L.L. No. 8-2006]
Upon the receipt of any application for an owner's license, except upon an application for an owner's license renewal, the Town Clerk shall refer the same to the New York State Division of Criminal Justice for investigation and report. On a license renewal application, the applicant shall provide a sworn, notarized affidavit, on a form prepared by the Town Clerk, attesting that he/she has not been convicted of any crimes, offenses, or violations since the issuance of his/her prior owner's license. The Town Clerk may, in his/her discretion, refer owner's license renewal applications to the New York State Division of Criminal Justice for investigation and report.
[Added 6-13-2006 by L.L. No. 8-2006]
Upon receipt of the requisite report from the New York State Department of Criminal Justice or, in the event of a renewal application, receipt of the owner's license renewal application, the Town Clerk shall investigate to ensure to his/her satisfaction the following:
A. 
That the applicant is a fit and proper person to obtain an owner's license, taking into consideration the following:
(1) 
The applicant's age;
(2) 
The applicant's relevant work and industry experience;
(3) 
The applicant's moral character, the assessment of which may include, but not be limited to, consideration of the circumstances surrounding any convictions for violations and offenses; and
(4) 
The applicant's criminal history, if any, as reflected in the report received from the New York State Department of Criminal Justice.
B. 
If, upon review of the report provided by the New York State Department of Criminal Justice, it is revealed that the applicant has been convicted of one or more crimes, the Town Clerk shall consider the following factors as required by Correction Law § 753:
(1) 
The legitimate interest of the Town in protecting property, and the safety and welfare of specific individuals or the general public;
(2) 
The specific duties and responsibilities necessarily related to the license sought;
(3) 
The bearing, if any, that the criminal offense or offenses for which the person was previously convicted will have on his/her fitness or ability to perform one or more such duties or responsibilities;
(4) 
The time which has elapsed since the occurrence of the criminal offense or offenses;
(5) 
The age of the person at the time of the occurrence of the criminal offense or offenses;
(6) 
The seriousness of the offense or offenses;
(7) 
Any information produced by the applicant, or produced on his or her behalf, in regard to his rehabilitation and good conduct; and
(8) 
The public policy of this state to encourage the licensure of persons previously convicted of one or more criminal offenses.
C. 
In evaluating the above criteria, the Town Clerk shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the crime or crimes specified therein.
D. 
In addition to the documents and papers required pursuant to § 52-20, the Town Clerk, in the event that the report provided by the New York State Department of Criminal Justice reveals one or more convictions of crimes or criminal offenses or violations, or an unresolved criminal charge against the applicant, may request that the applicant provide him or her with one or more of the following, as he or she deems appropriate: a certificate(s) of disposition; a letter from the applicant's defense counsel explaining the nature of the open charges against the applicant; character or reference letters from past and/or current employers or other individuals; certificates of completion of mental health, alcohol, substance abuse, or anger management counseling programs; and/or letters from probation or parole officers; or any other reasonably obtainable document which would assist the Town Clerk in evaluating the application.
E. 
Upon the completion of his or her investigation, the Town Clerk shall issue an owner's license to an applicant who is an individual the Town Clerk deems fit and proper to hold such owner's license in accordance with the factors identified above. An owner's license shall be denied to an applicant who does not meet such criteria.
F. 
An owner's license shall also be denied to an applicant in the following circumstances:
(1) 
The Town Clerk's investigation reveals that the application contains false information; or
(2) 
An applicant either refuses or cannot provide the Town Clerk with the documentation requested pursuant to Subsection D of this section, after a reasonable opportunity to provide such documentation has been provided;
(3) 
The application information required by § 52-20 is not complete and the applicant has had a reasonable opportunity to provide such information to the Town Clerk;
(4) 
The applicant has not fulfilled the requirements of § 52-21.
G. 
Upon denial of an owner's license application by the Town Clerk, an applicant shall be entitled to an administrative appeal as per the procedures set forth in §§ 52-27 and 52-28.
A. 
If the Town Clerk shall find that further taxicab, limousine or private livery van service in the Town, and particularly in the area in which the applicant proposes to operate, is required by and will serve the public convenience and necessity, the Town Clerk, upon certification of each vehicle proposed to be operated by the applicant pursuant to § 52-11, shall issue a vehicle license which shall state the number of the license assigned to each owner. The Town Clerk shall issue, for each vehicle licensed as a taxicab, a license card bearing the words "licensed taxicab," an assigned number and the date of expiration of such license, together with a license medallion, bearing a like number and the words "licensed taxicab," which shall be affixed to the vehicle by the Town Clerk.
B. 
Before making any finding as to whether public convenience and necessity justify the issuance of an owner's license, the Town Clerk shall cause to be published in a newspaper of general circulation in the Town of North Hempstead, at the expense of the applicant, a notice stating that an application has been made for the licensing of a vehicle or vehicles as taxicabs, limousines or private livery cars or vans, the number of vehicles for which such application has been made and a statement that written comments as to whether public convenience and necessity require the licensing of such vehicles may be filed with the Town Clerk on or before the date fixed therein, which date must be not less than eight days after the date of such publication. Any comments so filed must be considered by the Town Clerk in making his findings as to public convenience and necessity.
[Amended 6-13-2006 by L.L. No. 8-2006]
In making the findings required by § 52-9 with respect to public convenience and necessity, the Town Clerk shall take into consideration the number of taxicabs, limousines or private livery vans, as the case may be, already in operation in the Town, particularly in the area in which the applicant proposes to locate his stands and terminals; whether existing transportation is adequate to meet the public need; the probable effect of additional taxicabs, limousines or private livery vans on local traffic conditions; the qualifications, character, experience and responsibility of the applicant; and the adequacy of the service which the applicant proposes to give.
A. 
Each vehicle operated upon the streets of the Town as a taxicab, limousine or livery van shall be kept clean, sanitary, fit and of good appearance and in a safe condition for the transportation of passengers.
B. 
The Town Clerk may establish reasonable rules and regulations for the inspection of taxicabs, limousines and livery vans operated upon the streets of the Town, including but not limited to inspections performed at any time under the direction and supervision of or by an official of the Town of North Hempstead.
C. 
If, following an inspection conducted as described in § 52-11B, the inspector shall determine that said vehicle requires an additional New York State motor vehicle inspection, the owner will, within five days of the date of such determination by the inspector, be required to submit a certificate of inspection from an authorized state inspection station that the vehicle meets state safety requirements.
D. 
Before a license may be issued for a taxicab, limousine or livery van, the applicant shall submit a certificate showing that the motor vehicle has been inspected and approved by the New York State Department of Motor Vehicles.
E. 
In addition to the requirements of § 52-11C, where the applicant is a corporation which commingles taxicabs, limousines, private livery vans and minibuses or where the applicant makes application to operate only private livery vans in the Town of North Hempstead, the applicant shall submit a certificate showing that each private livery van has been inspected and approved by the New York State Department of Transportation.
F. 
Each prearranged for-hire vehicle licensed by the Town of North Hempstead shall be inspected no less frequently than every 12 months by an official inspection station licensed pursuant to § 303 of the Vehicle and Traffic Law of the State of New York, or, if the prearranged for-hire vehicle is registered in another state, by the agency responsible for vehicle registration and inspection in that state. Each prearranged for-hire vehicle shall display a valid inspection sticker indicating the date of the last inspection and/or the expiration date, if such stickers are issued by the state of registration.
[Added 11-18-2008 by L.L. No. 14-2008 ]
A. 
Every owner licensed under this article who shall desire to add to or substitute the number of taxicabs, limousines or private livery vans he is then operating, regardless of whether such additional or substitute vehicles are currently or have been licensed by the Town of North Hempstead, shall file with the Town Clerk a written application, under oath, stating:
(1) 
The name and address of the applicant.
(2) 
The applicant's owner's license number.
(3) 
In the case of an addition, any facts which the applicant believes tend to prove that the public convenience and necessity require such addition.
(4) 
A description of each such additional or substitute 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, limousine or private livery van, vehicle identification number and, if it has ever been involved in any accident, the date and nature of the accident and a description of the damage done to such vehicle.
(5) 
A licensed owner who desires to substitute a vehicle must immediately return the license medallion assigned to the substituted vehicle to the Town Clerk. If it is alleged that the license medallion is irretrievable due to accident or other cause, the licensed owner must submit a letter from the insurance company insuring the vehicle indicating that the vehicle was involved in an accident sufficient to render the license medallion irretrievable, or stating that the license medallion is irretrievable due to such identified cause as theft, loss or otherwise. In lieu of such letter, the licensed owner shall submit a sworn, notarized affidavit, on a form prepared by the Town Clerk, indicating the reason(s) why the license medallion cannot be returned. In the event that a license medallion has not been returned by an owner upon substitution of vehicles, and the license medallion is later determined to be on a vehicle other than that to which the license medallion was originally assigned, there shall be a presumption that the license medallion was knowingly and wrongfully transferred by the owner. Such unauthorized transfer shall be cause for suspension and/or revocation of an owner's license.
[Added 6-13-2006 by L.L. No. 8-2006; amended 11-18-2008 by L.L. No. 14-2008]
B. 
In the case of an addition, the Town Clerk shall process such application in accordance with the requirements of § 52-9. In the case of a substitution, the Town Clerk shall issue such license upon fulfillment of the requirements of § 52-11.
The Town Clerk may, in his discretion, before the issuance of a license under this article, require the applicant and any other person having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto or hold a hearing upon such application as hereinafter provided with respect to any information or data relevant to the application. The costs of such examination or hearing shall be paid by the applicant.
A. 
Prior to the expiration date thereof, any 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 the information required by § 52-7, except the requirements of § 52-7A(4), (5), (6) and (9), and the renewal license shall be issued by the Town Clerk in accordance with the provisions of §§ 52-9, 52-10, 52-11 and 52-15.
B. 
Any license not renewed prior to the expiration date thereof shall be deemed expired and null and void, except for good cause shown. The Town Clerk may accept renewal applications within 30 days after the expiration date thereof.
[Amended 11-18-2008 by L.L. No. 14-2008; 8-2-2011 by L.L. No. 13-2011]
Each applicant for an owner’s license shall, before such license may be issued or renewed pursuant to this chapter, procure and maintain an insurance policy covering the applicant and each motor vehicle 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. The applicant shall file with the Town Clerk a certificate of insurance evidencing such insurance coverage within five days of such application. Such certificate and insurance policy shall provide that the Town of North Hempstead 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 Town Clerk, and, upon such suspension or cancellation of insurance, the license shall stand suspended until such time as an acceptable policy or certification of insurance shall be on file with the Town Clerk.
Any owner's license issued hereunder shall not be transferable.
[Amended 6-13-2006 by L.L. No. 8-2006; 11-18-2008 by L.L. No. 14-2008]
The owner of more than one taxicab, limousine or private livery van licensed by the Town of North Hempstead shall have a terminal within the unincorporated area of the Town of North Hempstead for the off-street parking of such vehicles when not actively in operation. Permits and certificates as required to establish and maintain such terminal shall be obtained from the Department of Building and Safety Inspection and Enforcement. Such terminal shall be registered by the owner with the Town Clerk, and the owner shall notify the Town Clerk of any change in terminal. Such terminal shall be of sufficient size to accommodate all taxicabs, limousines or private livery vans assigned to such terminal. In the case of private livery cars, the base owner shall demonstrate to the Town Clerk and the Commissioner of the Department of Building and Safety Inspection and Enforcement that each affiliated owner utilizes lawful off-street parking and storage facilities for all licensed private livery vehicles that are dispatched from his/her base. Each base must provide one parking space for every two such private livery cars affiliated with its base. The base owner shall provide to the Town Clerk an affidavit attesting to the lawful off-street parking of all remaining vehicles affiliated with its base operation. Where the terminal for off-street parking is not the base, each private livery car owner shall furnish the Town Clerk with a sworn, notarized affidavit, on a form prepared by the Town Clerk, identifying the off-street parking location of each licensed vehicle.