A. 
Business owner's license and/or vehicle operator's permit. The Town Clerk shall notify the applicant that his or her application is denied, and no license and/or permit will be issued under the circumstances set forth herein:
(1) 
Personal review. A determination by the Town Clerk that the applicant lacks the character, experience or responsibility to engage in transportation for hire.
(2) 
Business review. A determination by the Town Clerk 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 five years.
(3) 
Criminality, generally. Any conviction for a felony, misdemeanor and/or Town ordinance violation which, in the judgment of the Town Clerk, renders the applicant unfit, undesirable or incapable of properly engaging in transportation for hire; or if fraud, misrepresentations or false statements are contained in the application.
(4) 
Criminality, charges. An indictment or formal charges with or for any crime.
(5) 
Criminality, evidence. A preponderance of evidence that the applicant has violated any provision of this or any other chapter of the Code of the Town of Babylon or any local law, ordinance, code, rule or regulation of Suffolk County, New York State, the Town of Babylon or any other municipality.
(6) 
Criminality, controlled substances. Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(7) 
Criminality, minors. Any crime against or involving children.
(8) 
Criminality, vehicular. Any felony involving use of a vehicle by the applicant within the last three years; any crime involving operation of a vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs; or leaving the scene of an accident.
B. 
Vehicle's certificate of operation. The Town Clerk shall notify the applicant that his or her application is disapproved, and no certificate will be issued under the circumstances set forth herein:
(1) 
Noncompliance. Vehicles which do not comply with the requirements of the State of New York, County of Suffolk or Town of Babylon, including any of the following:
(a) 
Lack of a valid business owner's license from the Town of Babylon by applicant.
(b) 
Lack of equipment, markings and/or devices and placards required by this chapter.
(c) 
Lack of any repairs, alterations or additions as may be required by this chapter or any directive of the Town Clerk.
(d) 
Lack of a written log or the improper maintenance, updating or availability for inspection of said written log, as required hereinabove, during the term of any previous certificate.
(e) 
Lack of proper reporting of any accident, as required hereinabove, during the term of any previous certificate.
(f) 
A determination by the Town Clerk that the vehicle possesses an unacceptable business record based upon a review of the history of past complaints.
(g) 
More than three convictions for failure to post any and all devices and placards, as required by this chapter, against said vehicle within five years.
(2) 
Noncompliance of vehicle. Vehicles which do not comply with state and/or Town requirements, including any of the following:
(a) 
Unclean, unfit, of poor appearance or in an unsafe condition for the transportation of passengers.
(b) 
Improper or incorrect vehicle identification, registration or license plate numbers.
(c) 
Inoperative headlights, taillights, parking lights, stop or brake lights, directional signals, roof lights or interior lights.
(d) 
A faulty suspension system as can be determined by a nonmechanic inspector.
(e) 
Broken windows, windshield, rear view mirrors or side view mirrors.
(f) 
Inoperative windshield wipers or horn.
(g) 
Faulty doors, door locks and door latches or doors that do not allow occupants of the passenger compartment to readily open them from the interior of the vehicle.
(h) 
Badly worn tires, the treads of which do not meet minimum New York State Vehicle and Traffic Law requirements.
(i) 
A faulty exhaust system, evidenced by excessive noise, visible fumes or visible holes.
(j) 
A faulty fuel system, evidenced by visible leak or strong fuel smell.
(k) 
General neglect and/or disrepair of the chassis and/or body of the vehicle.
(3) 
Criminal involvement. Vehicles for which there is evidence or information that it was used or involved in any of the criminal activities set forth herein:
(a) 
Any felony.
(b) 
Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(c) 
Operation of the vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(d) 
Leaving the scene of an accident.
(e) 
Any crime against or involving children.
(f) 
Peddling of any goods or property from or near the vehicle.
(g) 
Any violation of any provision of this or any other chapter of the Town Code or any local law, ordinance, code, law, rule or regulation of Suffolk County or New York State.
(h) 
An indictment or formal charges with or for any crime or offense.
(4) 
Review of denials. Any applicant who shall have been denied a license under this chapter may apply to the Town Board for a review of the action of the Town Clerk as hereinafter provided:
(a) 
Such application to the Town Board shall be in writing, signed and acknowledged by the applicant and shall state the ground or grounds on which the applicant claims that the determination of the Town Clerk was erroneous. The application for review shall be filed by delivery to the Town Attorney by certified mail or in person.
(b) 
Such application shall be filed within 20 days after notice of denial of his application by the Town Clerk has been mailed to him or delivered to him in person.
(c) 
Upon the filing of such application, the Town Board shall hold a hearing thereon pursuant to the provisions of this section. Such hearing shall be held within 90 days after the filing of an application therefore.
(d) 
At such hearing, the Town Board shall consider the applicant's application upon the record before the Town Clerk and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
A. 
Procedures. Any license, certificate or permit issued under this chapter shall be suspended by the Town Clerk, as prescribed hereinbelow, and may be revoked after a hearing by the Town Board upon a determination that the holder thereof is undesirable or incapable of properly conducting transportation for hire or that the vehicle is undesirable or incapable of properly transporting passengers for hire. Failure to comply with the provisions of this chapter shall be sufficient cause for the suspension and revocation of such licenses, certificates and permits.
B. 
Regulations. The Town Clerk shall suspend any license, certificate or permit and set the time and place for a revocation hearing, as prescribed in this chapter, under the circumstances set forth herein:
(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 hereinabove.
(2) 
Criminality. Conviction of any crime or misdemeanor which, in the judgment of the Town Board, renders the holder or vehicle unfit or undesirable.
(3) 
Deception. Fraud, misrepresentation or false statements contained in the application for license 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 posting. More than three convictions for failure to post any and all identification devices and placards, as required by this chapter, within five years.
(6) 
Temporary suspension. The Town Clerk, 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 has been indicted or formally charged with or for any crime or offense or is guilty of having made a false statement of misrepresentation in his application, may forthwith temporarily suspend such license for a period of 21 days or until a hearing can be held by the Town Board as provided herein, whichever is sooner.
(7) 
Substance abuse. If the Town Clerk has reasonable suspicion to believe that a driver has a drug or controlled substances impairment that renders him unfit for the safe operation of a for-hire vehicle, he may direct the driver to be tested or examined for such impairment, at such driver's expanse, by an individual or entity designated by the Town and possessing a requisite permit issued by the New York State Department of Health. If the results of said test(s) or examination(s) are positive, the driver's license may be revoked after a hearing. Failure of a driver to be tested or examined as directed may lead to suspension or revocation of such license in accordance with this chapter. A driver shall not operate a for-hire vehicle while his driving ability is impaired by either intoxicating liquor (regardless of its alcoholic content), drugs or other controlled substances, nor while driving such for-hire vehicle or for six hours prior to driving or occupying such for-hire vehicle shall he consume any intoxicating liquor regardless of its alcoholic content or any drugs or other controlled substances.
A. 
Notices. All notices shall be mailed, postage prepaid, certified mail, return receipt requested, to the applicant and/or license, certificate or permit holder at the last address filed by same with the Town Clerk. In the event of suspension, which must be followed by a revocation hearing, notice shall be mailed, as prescribed herein, at least five days prior to the date set for the hearing.
B. 
Denials. Notice of denial shall be given in writing setting forth the grounds of the complaint and the right to an appeal hearing before the Town Board. An application to the Town Board for appeal of a denial shall be filed with the Town Clerk and accompanied by the proper fee.
C. 
Suspensions. Notice of suspension shall be given in writing, shall take effect immediately upon issuance and shall set forth the grounds of the complaint with notice of hearing for revocation as set forth hereinbelow.
D. 
Revocations. Notice of hearing for revocation shall be included in a notice of suspension, as prescribed hereinabove, and shall be given in writing setting forth the grounds of the complaint and the time and place of such revocation hearing before the Town Board. The Town Clerk shall also require payment of the proper fee prior to the hearing.
E. 
Hearings. The Town Board may, based on the criteria set forth in this chapter and after holding an appeal or revocation hearing, take the action they deem appropriate as set forth herein:
(1) 
Reversal. The Town Board may reverse the disapproval or suspension, with or without conditions, and issue or reinstate said license, certificate or permit.
(2) 
Affirmation. The Town Board may affirm the disapproval or suspension and reject said application or revoke said license, certificate or permit.
F. 
Decisions. The decision of the Town Board, after a hearing, shall be final, subject to review by a court of competent jurisdiction.
G. 
Reapplication. A person whose license, certificate or permit has been revoked shall not be permitted to reapply for a period of at least one year from the date of the revocation.
A. 
Waivers of disapproval or suspension. A certificate of operation which 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 Babylon.
The Town Clerk shall keep a record of all applications, disapprovals, suspensions, revocations and complaints regarding licenses, certificates and permits, together with any reports in respect thereto, and shall forward such information, in writing, to the Suffolk County Police Department, which is to be updated on a weekly basis.