A.
Notice and right to appeal. The Town Clerk shall notify
an applicant of a disapproval of an application in writing and shall
include a statement that the applicant may request an appeal hearing
before the Licensing Review Board by filing a written request with
the Town Clerk. Service of such notice shall be made personally or
by certified mail to the address set forth in the application. The
Town Clerk shall give the appealing party at least five days' written
notice of the time and place of such hearing. Applications may be
denied based on any of the following:
(1)
Criminal offenses. If the application discloses that
the applicant has been convicted of a felony, misdemeanor, or other
criminal offense, the standards enumerated in Article 23-A of the
Correction Law of the State of New York shall be applied in considering
the issuance or denial of a license.
(2)
If a determination is made that the applicant has
an unacceptable business record based on a review of past complaints;
that the services the applicant proposes to offer or has offered are
inadequate; or that the applicant has had more than three convictions
for failure to post any and all devices and placards required by this
chapter within the three years prior to the time of application.
(3)
If the application does not comply in any material
respect with the provisions of this chapter.
(4)
If the application discloses that the applicant is
otherwise unfit or undesirable.
B.
Hearing. At the time and place set for the hearing
upon the appeal from the determination of the Town Clerk, the Licensing
Review Board shall give the appealing party and any other interested
party a reasonable opportunity to be heard in order to show cause
why the determination of the Town Clerk should not be upheld. 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, subject to review only by a court of
competent jurisdiction.
A.
Suspensions. The Licensing Review Board shall suspend
any license and set the time and place for a revocation hearing, as
prescribed in this chapter, under the following circumstances:
(1)
Noncompliance. Any violation of the provisions of
this chapter or any reason for which the original application could
have been disapproved, as set forth above.
(2)
Criminality. Conviction of any felony or misdemeanor
that, in the judgment of the Licensing Review Board, renders the license
holder unfit or undesirable under the standards of Article 23-A of
the Correction Law of the State of New York.
(3)
Fraud, misrepresentation or false statements contained
in the license application or made in the course of conducting transportation
for hire.
(4)
Improper conduct. Conducting transportation for hire
in an unlawful manner or in such a way as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
(5)
Improper postings. More than three convictions for
failure to post any and all identification devices and placards, as
required by this chapter, within the three years prior to the time
of such suspension.
B.
Revocation. The Licensing Review Board shall have
the power to revoke any license issued under this chapter, if it determines,
after a public hearing, that the holder is undesirable or incapable
of properly conducting transportation for hire or that the vehicle
is undesirable or incapable of properly transporting passengers for
hire.
C.
Notice. If the Licensing Review Board determines to
hold such a hearing, it shall notify the holder that a hearing will
be held to determine whether his license 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 five days prior to the hearing and shall be served personally
or sent by certified mail, return receipt requested, addressed to
the address set forth in the application.
D.
At the time and place set for the hearing, the Licensing
Review Board shall give the holder and any other interested party
a reasonable opportunity to be heard.
E.
If the Licensing Review Board determines that the
license should be suspended or revoked, the Licensing Review Board
shall notify the holder of the decision. Such notice shall be served
personally or sent by certified mail, return receipt requested, to
the address set forth in the application. The license holder shall
immediately surrender said license to the Town Clerk.
F.
The decision of the Licensing Review Board shall be
in writing, shall specify the ground or grounds upon which the decision
shall be based and shall be final and conclusive, subject to review
only by a court of competent jurisdiction.
G.
It shall be unlawful for any person to refuse to surrender
a license issued pursuant to this chapter to the Town Clerk upon demand,
after the license has been suspended, revoked or expired.
H.
Reapplication. A person whose license has been revoked
shall not be permitted to reapply for a period of at least one year
from the date of revocation.
A.
Waivers of disapproval or suspension. A vehicle license
that has been disapproved or suspended due to use of said vehicle
in the commission of a crime, as prescribed in this chapter, may be
approved or reinstated with the filing of a request for a waiver from
the Town Clerk, after a determination by the Town Clerk, with advice
of the appropriate Police Department, that said vehicle's involvement
in the crime was not the liability of the business and/or vehicle
owner.
B.
Certificate of relief from civil disabilities. Anyone
convicted of a crime described hereinabove who has received a certificate
of relief from civil disabilities regarding said conviction, issued
by a court of competent jurisdiction, will not be subject to disapproval,
suspension or revocation based on said conviction, after a review
and determination by the Town Clerk that the crime would not endanger
the health, safety and welfare of the residents of the Town of Southampton.
The Town Clerk shall keep a record of all applications,
disapprovals, suspensions, revocations and complaints regarding licenses
together with any reports.
