Town of Smithtown, NY Taxicabs

Due authorization, in writing, as provided herein which permits a person to operate a business for the transporting of persons for hire, using therefor only vehicles actually owned by him.

PERMIT

Due authorization, in writing, as provided herein which permits a natural person to operate a motor vehicle for hire.

PERSON

Includes natural persons, corporations, limited liability corporations, close corporations, holding companies, copartnerships, unincorporated associations or any other organizations of two or more persons.

[Amended 2-29-2000]

TOWN

Includes all areas within the Town of Smithtown, exclusive of areas wholly within any incorporated village.

§ 259-3 License required.

Each and every person engaging in or carrying on the business of transporting persons for hire by motor vehicle from point to point within the Town, whether independent or affiliated in any way, form or manner with any other person engaging in or carrying on the business of transporting persons for hire by motor vehicle from point to point within the Town, shall possess a valid license therefor that has been duly issued or reissued by the Town Clerk as hereinafter provided.

[Amended 2-29-2000]

No person shall drive or operate a motor vehicle in the business of transporting persons for hire within the Town unless a permit therefor shall have been duly issued or reissued by the Town Clerk as hereinafter provided.

Any license holder under Subsection A above who wishes to act as a driver or operator under Subsection B above shall be required to also obtain a permit under Subsection B.

[Added 8-23-1983; amended 2-29-2000]

§ 259-4 Application for license or permit.

[Amended 7-10-1979; 12-7-1982; 8-23-1983; 7-24-1990; 5-12-1992; 4-5-1994; 2-29-2000; 7-22-2003; 6-10-2008]

To procure a license required by § 259-3A, or any renewal thereof, a verified application shall be made to the Department of Public Safety setting forth the following information:

(1)

The name and residence address of the applicant. If the applicant is a corporation, partnership or other business entity, the applicant shall also provide the name and address thereof and the names and residence addresses for all principals, officers, directors, partners and members.

(2)

The residence and business addresses of the applicant during the past five years. If the applicant is a corporation, partnership or other business entity, the applicant shall also provide the business and residence addresses for all principals, officers, directors, partners and members.

(3)

The applicant's business(es) for the past five years. If the applicant is a corporation, partnership or other business entity, the applicant shall also provide the business(es) for all principals, officers, directors, partners and members for the past five years.

(4)

The place of business and the telephone number to be maintained by the applicant, if the application is granted.

(5)

Proof that all operator-owners shall be subject to call during the hours of the day and night so that the public convenience and necessity shall be served.

(6)

The make, type, seating capacity and registration number of each vehicle to be employed in the business, together with the full name and address of the owners of said vehicle. All vehicles must have a valid New York State taxicab registration.

(7)

The names and addresses of all drivers who will be operating vehicles for the license applicant, as well as copies of their permits to operate such vehicles, as issued pursuant to § 259-3B and § 259-4B herein.

(8)

Proof that each vehicle in § 259-4A(6) is insured against liability in at least the minimum limits required by the laws of State of New York for personal injury and property damage, which insurance shall be maintained in force during the period covered by the license.

[Amended 11-30-2017]

(a)

Proof of insurance shall provide that the Town of Smithtown receive 30 days' prior written notice of cancellation.

(b)

Proof of insurance shall set forth the name, local address and telephone number of the insurance agent.

(c)

Cancellation. If the insurance coverage required under this subsection is suspended or cancelled for any reason whatsoever, any license issued pursuant to this chapter shall be suspended until such time as proof of reinstatement or replacement of an acceptable, current and valid policy is filed with the Town Clerk.

(9)

Proof of workers compensation insurance; or workers compensation insurance waiver if the applicant is a sole proprietor.

(10)

Individual photographs (three of each principal, each two inches by two inches).

(11)

The applicant shall furnish the Department of Public Safety with a full set of the applicant's fingerprints.

[Amended 2-26-2009]

(a)

The applicant shall be charged a fee of $140, which fee shall include the cost for a full search and retain from the Division of Criminal Justice Service. Said fee shall be collected by the Town of Smithtown.

[Amended 12-17-2009]

(b)

The Department of Public Safety shall take the applicant's fingerprints and forward said prints to the Division of Criminal Justice Service for a complete criminal background and investigation upon receipt of the appropriate fee.

(c)

The Director of the Department of Public Safety shall review all information provided by the Division of Criminal Justice Service in connection with the applicant's criminal background and investigation.

(12)

If the applicant is a corporation, partnership or other business entity, the applicant shall furnish the name, address, and date of birth of each and every principal, officer, director, partner, and member, as well as the percent of ownership interest of each such person, and an affidavit from each such person describing his or her duties and responsibilities.

(13)

The applicant shall provide a record of a prior conviction or convictions of any crime for which the applicant plead or was found guilty. If the applicant is a corporation, partnership or other business entity, it shall also provide a record of a prior conviction or convictions of any crime for which it plead or was found guilty.

(14)

The applicant shall provide a list of any and all pending lawsuits to which it is a party and an explanation of each pending lawsuit, including any civil, criminal or administrative proceeding.

(15)

The applicant shall provide proof of a valid New York State Department of Motor Vehicle Inspection for each vehicle listed under § 259-4A(6).

(16)

The applicant shall provide a statement of the location of the storage area of the listed vehicles.

(17)

The applicant shall provide a statement affirming that any premises utilized for the storage or repair of any vehicle is in full compliance with all applicable law, rules or regulations and has full site plan approval. No license or permit shall be issued unless the applicant demonstrates that any storage is permissible in the zoning district in which said vehicles or equipment is located and all permits have been obtained.

(18)

The applicant shall provide any other information or documentation required by the Town Clerk and/or Department of Public Safety for the purpose of implementing the intent of this chapter.

To procure a permit required by § 259-3B, or a renewal thereof, a verified application shall be made to the Department of Public Safety, which application shall set forth the following information:

(1)

The name and address of the applicant.

(2)

The applicant's places of residence for the past five years.

(3)

The applicant's business for the past five years.

(4)

The applicant's age, height, weight, color of eyes, color of hair and place of birth.

(5)

Whether or not the applicant has ever been convicted of a felony or a misdemeanor and, if so, in what court, when, upon what charge, and the sentence of the court.

(6)

Whether the applicant has ever plead been found guilty of a traffic violation or infraction and, if so, in what court, and when.

(7)

Whether the applicant has been previously licensed in such occupation and, if so, when, where and for what period; if such license has ever been revoked, the date of revocation and the reason therefor.

(8)

The applicant's chauffeur's license number issued by the New York State Department of Motor Vehicles.

(9)

Whether or not the applicant is of sound health or suffers from vertigo, epilepsy, heart trouble or any other infirmity of body or mind which might render him unfit to drive or operate a motor vehicle in such occupation.

(10)

Whether the applicant can read and write English.

(11)

Whether the applicant is addicted to alcohol or drugs.

(12)

Applications shall be accompanied by three photographs, each two inches by two inches, taken within 30 days of the date of the application.

(13)

The applicant shall furnish the Department of Public Safety with a full set of the applicant's fingerprints.

[Amended 2-26-2009]

(a)

The applicant shall be charged a fee of $125, which fee shall include the cost for a full search and retain from the Division of Criminal Justice Service. Said fee shall be collected by the Town of Smithtown.

(b)

(c)

(14)

The applicant shall provide any other information or documentation required by the Town Clerk and/or the Department of Public Safety for the purpose of implementing the intent of this chapter.

§ 259-5 Issuance of permits and licenses; transferability.

[Amended 8-23-1983; 6-10-2008]

The Department of Public Safety shall ascertain whether the applications referred to in § 259-4 are complete, in due form and/or not responsive.

A permit under § 259-4B shall not be issued to any person whose motor vehicle abstract indicates a total of 10 penalty points within the previous two-year period.

All applications and documentation shall be submitted to the Department of Public Safety by December 30 of the year preceding the year for which the applicant seeks a license or permit. Upon receipt of any such application and documentation, the Department of Public Safety shall review same and shall verify the truth and accuracy of said application and documentation. The Department of Public Safety, in order to establish the truth or accuracy of the information contained in the application, may request any information pertinent to the processing of said application and may, as necessary, request any additional information during the application process and for the entire term of said license or permit. If the Department of Public Safety cannot confirm the truth or accuracy of said material contained in the application; or if it determines that a material misrepresentation is contained therein; or if the applicant shall have been convicted of a misdemeanor or felony which is determined to render the applicant unfit to carry on the aforesaid operation; provided, however, that proper consideration is given to New York State Correction Law §§ 701 through 703-b and §§ 751 through 753 in making any such determination; or if it determines that applicant to be unfit or incapable of properly conducting the aforesaid operation, it shall issue a report to the Town Clerk, who shall deny said application. The Town Clerk shall notify the applicant within 30 days after receipt of a completed application as to whether the application shall be approved or denied. If the application is denied and the applicant has been operating within the Town prior to the denial, then the applicant shall discontinue all operations within the Town of Smithtown within 30 days of such notification. An applicant who is denied a license or a permit hereunder may request a review by the Town Board, which shall, upon such request, review the basis for such denial and shall determine whether such denial shall be affirmed or reversed.

[Amended 2-26-2009]

A license or permit issued as provided herein shall not be transferable.

§ 259-6 Duties.

Operator's duties. Every person who operates a motor vehicle to be licensed hereunder shall:

(1)

Transport persons upon request, unless then under hire or prohibited from doing so by other provisions of this chapter.

[Amended 6-10-2008]

(2)

Search thoroughly the interior of the motor vehicle after the discharge of each passenger, and any lost or mislaid property found therein shall be turned over immediately to the local police department.

[Amended 2-29-2000]

(3)

Report to the Town Clerk, within 48 hours, any change of his residence.

(4)

Keep the interior and exterior of his motor vehicle clean at all times.

(5)

Display his permit, motor vehicle certificate and rate card conspicuously at all times as required herein.

[Amended 8-23-1983]

(6)

Not operate any motor vehicle required to be licensed herein while his chauffeur's license, permit or the license is suspended or revoked.

(7)

Not allow any other person to use his permit or badge.

(8)

Not charge more than the fixed rates hereunder or as amended.

(9)

Report to the Town Clerk, within 24 hours, the loss or theft of any certificate, license, permit or badge.

(10)

Not transport persons without the payment of a fare, except such person who is the owner thereof, his agent or employee.

(11)

Report to the Town Clerk, within 24 hours, any conviction for any misdemeanor, felony or traffic infraction.

[Added 8-23-1983]

Owner's duties. Every person who owns a motor vehicle required to be licensed hereunder shall:

(1)

Be subject to all the duties in Subsection A hereof which apply to operators.

(2)

Inspect the motor vehicle and its equipment at least once during each week, and if said vehicle does not meet the standards required for § 259-4A(15) and 259-6A(4), the motor vehicle shall not be used in the business until it meets said standards.

[Amended 8-23-1983; 6-10-2008]

(3)

[1]Not permit an unauthorized person to operate a motor vehicle for the transportation of persons for hire.

[1]

Editor's Note: Former Subsection B(3), requiring repairs to be made within two weeks, was repealed 8-23-1983.

(4)

Be equally responsible with the operator for any violations of this chapter, where said violation is known by the owner with the exercise of due diligence on his part.

[Amended 8-23-1983]

§ 259-7 Duration of licenses and permits.

All licenses and permits issued hereunder shall expire at 12:00 midnight on the 31st day of December next following the date of issuance. Renewal of licenses and permits shall be from January 1 to 12:00 midnight on December 31 next.

Applications for the renewal of all licenses and permits shall be made no earlier than 60 days prior to the expiration dates thereof. An application for a renewal of any license or permit made after the expiration date thereof shall be considered a new application and not a renewal. Where an application for a renewal of any license or permit has not been approved prior to its expiration and said application has been submitted prior to its expiration, the Town Clerk may issue a temporary license or permit for a period not to exceed 60 days.

[Amended 8-23-1983]

§ 259-8 Fees.

[Amended 1-10-1984]

The following fees shall be collected by the Town Clerk at the time applications are presented:

For the issuance of a business license: $100.

For the issuance of a renewal business license: $100.

For the issuance of a permit: $25.

For the issuance of a renewal permit: $25.

§ 259-9 Revocation of licenses and permits.

The Town Board may revoke any license or permit issued under the authority of this chapter if it determines the license or permit holder to be incapable of properly conducting the business or trade so licensed or otherwise unfit to conduct said business or trade. Where the Town Board revokes any license or permit, it shall state the reasons therefor. Failure to comply with the provisions of this chapter shall be sufficient cause for revocation of such licenses and permits.

[Amended 8-23-1983; 2-29-2000]

A person whose license or permit has been revoked hereunder may not reapply for the issuance of a new license for a period of at least six months from the date of revocation thereof.

§ 259-10 Fares.

The Town Board may, by resolution or by amendment hereto and from time to time, set, establish, change, amend or otherwise prescribe the rates which may be charged hereunder by the owners or operators of all motor vehicles operated in the business of transporting persons for hire.

The Town Board may, by resolution, prescribe that all rates as contemplated hereunder shall be determined by a standard metering device.

The Town Board may, by resolution, prescribe methods for computing rates, rate zones or other means for determining all rates as contemplated herein.

The Town Board may, by resolution, require the posting within vehicles of rate cards, maps, diagrams or other information designed to advise passengers of the proper fares or rates.

§ 259-11 Parking.

The Town Board may authorize the Superintendent of Highways to set off a taxi stand in front of the principal place of business of a license holder, reserving unto said license holder parking space for one vehicle used in his taxi business.

§ 259-12 Penalties for offenses.

[Amended 8-23-1983; 2-29-2000; 6-10-2008]

Each and every person violating any of the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for 10 days, or by both such fine and imprisonment, for the first offense, and by a fine not exceeding $1,000 or by imprisonment for 15 days, or by both such fine and imprisonment, for a second offense, and by a fine not less than $2,000 or by imprisonment for 30 days, or by both such fine and imprisonment, for a third or subsequent offense.