[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay as Ch. 15 of the 1971 Code. Amendments noted where applicable.]
It is hereby declared and found by the Town Board that various
provisions of this Code and other ordinances of the town require that
licenses or permits be issued for various occupations and business
activities. It is further declared and found that the procedure for
the issuance and revocation of such licenses or permits should be
as uniform as possible in order to promote the conduct and administration
of businesses in the town.
Except as otherwise expressly provided by this Code or other
ordinances of the town which requires a license or permit, this chapter
shall govern the procedure for the issuance, suspension and revocation
of licenses which are required by the various provisions of this Code
or other ordinances of the town. In the event of a conflict between
the provisions of this chapter and another provision of this Code
or other ordinances of the town which expressly requires a license
or permit to be issued, the provisions of this Code or other ordinances
shall prevail.
The Town Clerk is hereby designated license commissioner of
the town, with the authority to make such rules and regulations and
to conduct investigations and hearings in relation to the issuance,
amendment, termination, cancellation, revocation and suspension of
licenses or permits required by the provisions of this Code or other
ordinances of the town, except for those licenses or permits required
by the provisions of this Code or other ordinances of the town to
be issued by another department, division or agency.
The license commissioner shall have the authority, without a
hearing, to issue or deny an application for a license or permit sought
to be issued in conformance with this chapter.
Applications for licenses or permits to be issued by the license
commissioner pursuant to this chapter shall contain the information
specified by the provisions of this Code or other ordinance requiring
the license or permit, or as the Town Board may prescribe, and shall
be in the form prescribed by the provisions of this Code or other
ordinance requiring the license or permit. In the event that the provisions
of this Code or other ordinance requiring the license or permit prescribes
that documents accompany the license or permit application, such documents
shall be submitted with the application for the license or permit.
The fees for licenses or permits to be issued in conformance
with this chapter shall be in the amount prescribed by the provisions
of this Code or other ordinance requiring the license or permit.
A.
The license commissioner may deny a license or permit sought to be
issued pursuant to this chapter if he shall find that the requirements
governing the issuance of the license or permit, as prescribed either
by this chapter or the provisions of this Code or other ordinance
requiring the license or permit, or that the rules and regulations
governing the issuance of the license or permit have not been sufficiently
complied with by the applicant therefor.
B.
In addition to the provisions of Subsection A, the license commissioner may deny a license or permit sought to be issued for the following reasons:
(1)
If the applicant or, if the applicant is a firm or corporation, any
of its members or officers or the person designated to manage or supervise
the business, shall have been convicted of a misdemeanor or felony,
which in the judgment of the license commissioner renders the applicant
unfit or undesirable to carry on the trade or occupation involved;
or
(2)
The license commissioner may also refuse a license or permit to any
person who in his judgment shall be an undesirable person or incapable
of properly conducting the activity, trade or business desired.
Except as otherwise expressly provided by the provisions of
this Code or other ordinances of the town requiring a license or permit,
a license or permit issued pursuant to the provisions of this chapter
shall expire on the last day of December next following the issuance
of the license.
Each person to whom a license or permit is issued pursuant to
the provisions of this chapter shall display the license or permit
in a conspicuous place at his place of business; however, when the
licensee or permittee does not have a fixed place of business, he
shall carry the license issued pursuant to this chapter upon his person
at all times while engaged in the licensed or permitted business or
occupation, and shall, upon demand, display the license or permit
issued pursuant to this chapter to any official of the town or to
any police officer of the county.
[Amended 11-15-1977]
A.
The license commissioner may deny renewing a license or permit if
he shall find that the requirements governing the issuance of the
license or permit, as prescribed either by this chapter or the provisions
of this Code or other ordinance requiring the license or permit, or
that the rules and regulations governing the issuance of the license
or permit, have not been sufficiently complied with by the applicant
thereof.
B.
In addition to the provision of Subsection A, the license commissioner may also refuse to renew a license or permit for any person who in his judgment shall be an undesirable person or incapable of properly conducting the activity, trade or business desired. Factors adversely reflecting upon an applicant's character and responsibility may include whether the applicant has violated any local law, ordinance, rule or regulation of the town or has been convicted of a violation of the Vehicle and Traffic Law of the State of New York or of any crime or was guilty of making a false statement or misrepresentation in his application.
Any license or permit issued pursuant to the provisions of this
chapter may be revoked or suspended by the license commissioner after
a hearing upon notice, and the making of findings, as provided in
this section.
A.
The license commissioner may revoke any license or permit granted
pursuant to the provisions of this chapter, or suspend it for a period
not to exceed 90 days, upon making a finding after the hearing provided
for in this section of the existence of one or more causes therefor.
B.
Temporary suspensions. The license commissioner, upon receiving information
giving him reasonable cause to believe that the holder of any license
or permit issued pursuant to this chapter has violated any provision
of this chapter or of the provisions of this Code or other ordinance
requiring the license or permit or has been convicted of any crime
or misdemeanor involving moral turpitude or has been charged with
any such crime or is guilty of having made a false statement or misrepresentation
in his application, may forthwith temporarily suspend the license
or permit until a hearing can be held by the license commissioner. Notice
of such suspension shall be served personally to the licensee or permittee,
or by certified and regular mail within five calendar days of said
suspension. The licensee or permittee shall have an opportunity to
request a hearing before the license commissioner within 10 calendar
days after receipt of any such notification. Upon request, such hearing
shall be scheduled within 10 calendar days, unless the license commissioner
determines that such hearing would be prejudicial to an ongoing criminal
or civil investigation. If the 10th day falls on a Saturday, Sunday
or holiday, the hearing may be held on the next business day. A decision
shall be made with respect to any such proceeding within 60 calendar
days after the close of the hearing. In the event such decision is
not made within that time period, the license or permit which is the
subject of the proceeding shall be returned by the license commissioner
to the licensee or permittee and deemed to be in full force and effect
until such determination is made, unless the license commissioner
determines that the issuance of such determination would be prejudicial
to an ongoing criminal or civil investigation.
[Amended 6-15-2021 by L.L. No. 10-2021]
C.
Notice. A notice of hearing to be held by the license commissioner
for the revocation or suspension of any license or permit issued pursuant
to this chapter shall be given personally to the licensee or permittee,
or in writing. The notice in writing shall be forwarded by ordinary
mail in a securely sealed and postage prepaid envelope to the licensee
or permittee at his last known address. It shall be placed in the
hands of the United States Post Office authorities not less than five
days prior to the hearing date. The notice shall advise the licensee
or permittee of the time when and the place where the hearing is to
be held, and shall contain a concise statement of the reason for the
holding of the hearing.
D.
Hearing procedure; findings. Rules of law with respect to the admissibility
of evidence in the conduct of hearings held pursuant to this chapter
shall not apply at the hearing. The license commissioner shall make
a record of such findings as he deems to be justified by all the evidence
presented at the hearing, and his findings shall be conclusive as
to all matters of fact.
E.
Grounds. The grounds for the revocation or suspension of a license
or permit issued pursuant to this section are as follows:
(1)
A broad misrepresentation or a false statement contained in the application
for the license or permit.
(2)
Fraud, misrepresentation or false statements made in the course of
carrying on any business or activity which is licensed or permitted.
(3)
Any violation of this chapter or the provisions of this Code or other
ordinance requiring the license or permit.
(4)
Conviction of the licensee or permittee of any crime or misdemeanor
involving moral turpitude.
(5)
Conducting, by the licensee or permittee, of any business activity
which is regulated by the provisions of this Code or other ordinance
requiring the license or permit in such a manner as to constitute
a breach of the peace or to endanger the health, safety or general
welfare of the public.
F.
Abatements.
[Added 7-25-1986]
(1)
At any time prior to receipt of the license commissioner's findings,
the license commissioner may enter into a stipulation with a licensee
or permittee whereby the latter agrees to discontinue the acts or
practices which are violative of the terms or conditions of the license
or permit issued, and provide such other and further relief to which
the licensee or permittee may agree. Such stipulation shall be admissible
as evidence to provide the basis for a finding of fact in any subsequent
proceeding brought by the license commissioner against such permittee
or licensee involving the same or similar violations.
(2)
Upon a record composed of the notice of hearing and the stipulation
or agreement, if the stipulation or agreement is entered into prior
to the service of a notice of hearing, the license commissioner may
make findings consented to by the licensee or permittee which shall
have the same force and effect as findings after a hearing.
[Added 2-25-1986]
In addition to other provisions of this Code or other ordinances
of the town which expressly provide for penalties for violations thereof,
the license commissioner may, pursuant to this chapter, provide for
a civil penalty not to exceed $2,500 for the first violation by any
licensee or permittee who violates any of the provisions or fails
to perform any duty or condition imposed by said license or permit
issued pursuant to this Code. In the case of a second and any further
violations of the provisions, duty or conditions of a license or permit
issued pursuant to this Code, the liability for a civil penalty shall
not exceed $5,000.
Any person aggrieved by the license commissioner's denial of
a license or permit sought pursuant to this chapter or a licensee
or permittee whose license has been revoked or suspended pursuant
to this chapter shall have the right to appeal to the Town Board for
a review of the determinations of the license commissioner.
A.
Form and filing.
(1)
An appeal made pursuant to this chapter to the Town Board shall be
in writing, signed and acknowledged, and shall state the grounds on
which the appellant claims that the determination of the license commissioner
was erroneous.
(2)
The appeal shall be filed with the license commissioner by the appellant
within 20 days after notice of the adverse determination of the license
commissioner has been mailed to the licensee or permittee or delivered
to the licensee or permittee in person.
(3)
Upon the filing of the appeal with the license commissioner, the
Town Board shall hold a hearing thereon as provided in this section.
B.
Date, time and place of hearing generally. The hearing before the
Town Board shall be held on a date and at a place and hour designated
by the Town Board.
C.
Notice of hearing.
(1)
The license commissioner shall give notice of the hearing to be held
before the Town Board pursuant to this section, stating the name and
address of the license or permit applicant or licensee or permittee
concerned; the subject matter of the hearing; and the date, place
and hour designated therefor, by mailing a copy thereof to the applicant,
licensee or permittee concerned at the address shown upon the most
recent application of the applicant, licensee or permittee, at least
10 days before the hearing.
(2)
In case the hearing is to be a public hearing, the notice required in Subsection C(1) of this section shall also be published at least once a week for two successive weeks in a newspaper of general circulation in the town, the first publication to be at least 10 days before the date fixed for the public hearing.
D.
Legal counsel. The applicant, licensee or permittee appealing to
the Town Board pursuant to this section shall be entitled to be represented
by legal counsel and to present such competent and material testimony
or other evidence in his own behalf as may be relevant to the subject
matter of the hearing.
E.
Witnesses at hearing to be sworn. All witnesses at a hearing held
pursuant to this section shall be sworn and examined under oath.
F.
Scope of review by Town Board. At a hearing held pursuant to this
section, the Town Board shall consider the record before the license
commissioner, the license commissioner's findings and determination
and, in its discretion, may receive new or additional evidence.
G.
Discretionary authority of Town Board. The Town Board, after a hearing
pursuant to this section, may confirm the action of the license commissioner
or set aside the determination of the license commissioner to such
an extent as the Town Board in its discretion deems just and proper.
