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Village of Malverne, NY
Nassau County
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Table of Contents
Code
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Any applicant who shall have been refused a license hereunder either to operate or to drive taxicabs may apply to the Board of Trustees therefor at a meeting thereof as hereinafter provided:
A. 
Such application to the Board of Trustees shall be in writing and signed and acknowledged by the applicant and shall state the ground or grounds on which the applicant claims that the determination of the Mayor was erroneous.
B. 
Such application shall be filed with the Village Clerk within 20 days after notice of denial of the application by the Mayor has been mailed to him or delivered to him in person, and not less than 15 days prior to the meeting of the Board of Trustees at which he wished his application to said Board to be considered.
C. 
Upon the filing of such application, the Village Clerk shall mail notice of the hearing thereon to each person who shall have appeared at the hearing of the application before the Mayor.
D. 
At such meeting, the Board of Trustees shall consider the applicant's application upon the facts submitted to the Mayor in connection with his consideration thereof and shall receive no new or additional evidence either in support thereof or in opposition thereto, and may hear argument thereon from any person or an attorney representing any person who shall have appeared at the hearing before the Mayor on the application to him.
E. 
Such application may be granted or refused by the Board of Trustees upon the findings and considerations set forth in §§ 528-5 and 528-6 hereof or in § 528-11 hereof, as the case may be.
F. 
Upon the granting of such application by the Board of Trustees, a license shall be issued to the applicant by the Mayor on payment by the applicant of the fees therefor provided herein, and, in the case of an application under Article I hereof, on compliance by the applicant with § 528-7 hereof.
[Amended 2-14-1968[1]]
The fees for the issuance of a taxicab operator's license, per taxicab licensed for each annual period for which such license is issued, or for a taxicab driver's license, for each calendar year or portion thereof for which such license is issued, shall be as set from time to time by resolution adopted by the Board of Trustees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Every license issued hereunder shall be countersigned by the Village Clerk, who shall keep a record thereof and of the amount of the fee to be paid therefor and, upon presentation of such license to the Village Treasurer, signed by the Mayor and countersigned by the Village Clerk, and the payment to the Village Treasurer of such fee, the Village Treasurer shall endorse thereon his receipt of the license fee, and no license issued hereunder shall take effect until the receipt of the Village Treasurer shall have been endorsed thereon.
No license shall be issued hereunder which shall permit the operation of any taxicab unless and until it has been inspected pursuant to § 528-21 hereof and certified to the Mayor that it conforms to the provisions of § 528-20 hereof.
Any license issued hereunder may be suspended for a period of not more than three months or revoked by the Board of Trustees if the holder thereof shall violate any provision of this chapter or shall be convicted of any violation of any local law of the Village of Malverne or of any traffic law, ordinance or regulation of the State of New York or any municipality of the State of New York, or of any crime; and any license issued hereunder may be suspended by the Board of Trustees if the holder thereof shall be indicted or charged, upon information duly filed with the public authorities, with or for the commission of any crime, until such holder shall be convicted or acquitted of the violation of such crime, but no license shall be either suspended or revoked hereunder without a public hearing thereon, held not less than 20 days after written notice thereof shall have been given to the holder thereof, either in person or by registered mail, at which such holder may be represented by counsel and shall be given due opportunity to present evidence in his own behalf.
The Mayor, upon receiving information giving him reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this chapter or been convicted of any violation referred to in § 528-18 hereof or indicted or charged with or for any crime, may forthwith suspend such license until the next meeting of the Board of Trustees.