A.
Any license issued hereunder may be suspended for
a period of not more than three months or revoked by a hearing officer,
who shall be the Town Attorney or his/her designee, which designee
shall be an employee of the Town and an attorney admitted to the practice
of law within the State of New York, 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 Town Code or any
traffic law, local law, penal law, ordinance or regulation of the
State of New York deemed by the hearing officer to warrant suspension
or revocation, or is guilty of making a false statement or misrepresentation
in his application.
[Amended 6-13-2006 by L.L. No. 8-2006]
B.
Any license issued hereunder to a base owner, owner
or driver may be suspended where there is an outstanding judgment
or an unpaid civil or criminal penalty owed by such base owner, owner
or driver for a violation of Chapter 71 of the Consolidated Laws of
the State of New York, entitled Vehicle and Traffic Laws of the State
of New York, relating to traffic in any issuing jurisdiction, or a
violation of regulations promulgated by any other such other licensing
jurisdiction duplicating or incorporating by reference any of the
provisions of said chapter, until such judgment is satisfied or such
civil penalty is paid.
[Added 11-18-2008 by L.L. No. 14-2008]
C.
The Town Clerk shall, upon the conviction of an applicant
or licensee for a serious criminal offense, as defined in § 498
of the Vehicle and Traffic law of the State of New York, subject to
applicable laws, including but not limited to Article 23 of the Correction
Law of the State of New York, suspend or revoke such license.
[Added 11-18-2008 by L.L. No. 14-2008]
D.
The Town Clerk shall review on a continuing basis
the driving record of every prearranged for-hire vehicle driver licensed
by the Town. If, upon such review, the Town Clerk determines that
such licensee has accumulated convictions for any of the following
within a fifteen-month period, the Town Clerk shall suspend such license
for a period of 30 days: five traffic violations; or two criminal
offenses. The Town Clerk shall revoke such license upon the accumulation
of two additional traffic violations or one additional criminal offense
within a fifteen-month period.
[Added 11-18-2008 by L.L. No. 14-2008[1]]
E.
No license shall be either suspended or revoked hereunder
without a hearing thereon before the designated hearing officer held
not less than 10 days after written notice thereof shall have been
given to the licensee either in person or by registered mail addressed
to the licensee's last known address as reflected on his or her license
application. In the event the licensee fails to appear for the hearing
at the time and place scheduled, the hearing shall be conducted in
his or her absence.
[Amended 6-13-2006 by L.L. No. 8-2006]
F.
Except for good cause shown, an owner shall be subject
to revocation of a license medallion for a taxicab if:
[Amended 11-18-2008 by L.L. No. 14-2008]
G.
Upon evidence satisfactory to the Town Clerk that an emergency exists, such as the death, resignation or illness of taxicab, limousine or private livery van driver, the Town Clerk is authorized to issue a thirty-day temporary driver's license to the applicant therefor, provided that such applicant complies with all the terms and conditions of §§ 52-20 and 52-21 hereof.
[Amended 6-13-2006 by L.L. No. 8-2006]
The Town Clerk, upon receiving information giving him or her 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 § 52-33 hereof 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 hearing officer as provided in § 52-33, whichever is sooner.
