[HISTORY: Adopted by the Town Board of the Town of Babylon 8-2-2023 by L.L. No. 16-2023. Amendments noted where applicable.]
The Town Board finds that individuals and businesses often hire
expeditors to assist in moving their permit applications through the
various departments within the Town. The Town Board has determined
that a registration requirement for expeditors will allow for greater
efficiency, transparency, and accountability in the permitting process.
This chapter sets forth standards, requirements and procedures for
the registration of expeditors.
As used in this chapter, the following terms shall have the
meanings indicated:
Any service which provides, for any compensation or consideration,
assistance in the submission, filing, negotiation or completion of
an application for a permit or other approval by the Town of Babylon.
A person or entity who is in the business of providing expediting
services in the Town of Babylon.
Any person or entity who has obtained an expeditor certificate
of registration from the Town of Babylon in accordance with the provisions
of this chapter.
A.
It shall be unlawful for any person or entity to provide, or offer
to provide, any expediting service in the Town of Babylon without
first obtaining a certificate of registration from the Town Clerk's
office in accordance with the provisions of this chapter. The certificate
of registration is valid only for the specific person or entity to
whom it is issued.
B.
The annual registration requirement set forth in this chapter shall
not apply to the following:
(1)
The owner of the premises for which the application is filed, including,
in the event the premises is owned by a partnership or corporation,
the general partners of the partnership or principal officers of the
corporation;
(2)
The lessee of the premises for which the application is filed, when
authorized by the owner of the premises to file the application;
(3)
Registered architects licensed by the New York State Department of
Education;
(4)
Professional engineers licensed by the New York State Department
of Education;
(5)
Attorneys duly admitted to practice law in the State of New York;
(6)
Plumbers when such application relates to work performed under their
license; and
(7)
Master electricians when such application relates to work performed
under their license.
A.
An individual applicant for a certificate of registration must be
at least 18 years of age and of good character. The Town Clerk may
deny a certificate of registration to any person who has been convicted
of a criminal offense related to giving or receiving a bribe, giving
or receiving unlawful gratuities, official misconduct or any other
corruption-related acts.
B.
Where the applicant is a corporation, partnership or other business
entity, the application must include the names of all principals and
officers and any employees who will be performing expediting services
in the Town of Babylon. The Town Clerk may deny registration to any
entity where a principal, officer or employee has been convicted of
a criminal offense related to giving or receiving a bribe, giving
or receiving unlawful gratuities, official misconduct or other corruption-related
acts.
A.
All applications for certificates of registration shall be submitted
in writing on forms furnished by the Town of Babylon. Each application
submitted on behalf of an individual shall be signed under oath. Where
the applicant is a corporation, the application shall be signed under
oath by an authorized officer of such corporation. Where the applicant
is a partnership or other business entity, the application shall be
signed under oath by a partner or principal of the entity.
B.
The application fee for an expeditor certificate of registration
shall be as established by Town Board resolution.
C.
Certificates of registration shall be valid for a period of one year
from the date of issuance.
D.
Each registrant shall, within 10 business days after a change of
business address, notify the Town Clerk's office of such change.
E.
The Town Clerk shall maintain a list of all registrants which list
shall be available to the public.
A.
No certificate of registration shall be assigned or transferred.
B.
No registrant shall permit or authorize the use of his, her or its
certificate or registration by or on behalf of any other person or
entity.
C.
No expediting service or registrant shall claim or otherwise represent
that they are a governmental entity or a part thereof or affiliated
with an entity of government.
A.
The Town Clerk may revoke, suspend or deny renewal of a certificate
of registration for good cause and upon written notice to the registrant
and an opportunity to be heard. Such notice shall be served either
personally or by certified mail, return receipt requested, and shall
state the date and place of the hearing as well as enumerate the grounds
constituting the allegations against the registrant. The hearing shall
be held before the Town Clerk's Advisory Committee which shall
issue a written decision setting forth the basis of the decision.
B.
There is good cause to suspend, revoke or deny renewal of a certificate
of registration when the Town Clerk has determined that the registrant
has engaged in one or more of the following:
(1)
Fraud, deceit, misrepresentation or bribery in securing a certificate
of registration.
(2)
Fraud, deceit or misrepresentation in providing expediting services.
(3)
The making of any false statement in an application for a certificate
of registration.
(4)
Violation of any provision of this chapter, any other appropriate
law or any rule or regulation promulgated thereunder.
Any person who provides expediting services without having first
obtained a certificate of registration from the Town of Babylon or
who shall continue to provide expediting services after having had
his/her registration suspended or revoked shall be guilty of a misdemeanor
and, upon conviction, shall be subject to a minimum fine of $1,000
and a maximum fine of $10,000 or imprisonment of not less than 15
days, nor more than one year, or both. Any person found by the Bureau
of Administrative Adjudication to have performed expediting services
without a valid certificate of registration shall likewise be subject
to a monetary penalty in an amount within the range of fines applicable
in the event of a criminal conviction. Each expediting service performed
by a person without a valid certificate of registration shall be deemed
a separate violation subject to applicable criminal or civil penalties.
