[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett Neck 1-4-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
Every license or permit shall constitute a personal privilege of the person to whom it was issued and is not assignable or transferable and shall not be availed of by any person not named or described therein.
Every license shall be valid for a period of time therein specified, but shall not extend for a longer period of time than the 31st day of December of the year following that in which the license was issued.
Except as otherwise provided by ordinances now or heretofore enacted, every license and permit required by any village ordinance shall be in writing and shall be issued by the Village Clerk under the seal of the village and shall state the name and address of the person to whom it is issued, the term and the purpose thereof and the fee paid therefor.
In case the right granted under any license or permit shall not have been exercised within six months after the date of its issue, such license or permit shall thereupon become void and shall grant no further rights to any person and shall be forthwith surrendered to the Village Clerk upon demand. In such case, no part of the fee shall be refunded.
No license or permit shall be issued until the fee provided therefor has been paid; provided, however, that the Mayor, in his or her discretion, may waive the payment of the fee in case of a license or permit issued to any charitable institution or any association or other group formed or organized for charitable, religious, educational, political or patriotic purposes.
No license or permit shall be issued, reissued or extended to any person whom the Board of Trustees shall reasonably deem unfit or against whom any complaints have been submitted which he or she shall deem justifiable or whose conduct may have been objectionable to the residents of the Village of Hewlett Neck. No license shall be issued to any person whose conduct may, in the judgment of the Board of Trustees, have been immoral or improper or objectionable, or whose business or method of conducting the same shall, in the judgment of the Mayor or the Village Clerk, be likely to disturb or tend to disturb the peace and order of the village or create or tend to create unsanitary or annoying conditions or to litter the streets, sidewalks and other public or private property or is likely to be objectionable to its residents.
Whenever it shall appear to the satisfaction of the Board of Trustees that there has been any false statement or any misrepresentation as to a material fact in the application on which the license or permit was based or that any license or permit has been issued in error or that the conditions are such that the license or permit should not have been issued or that there has been a failure to comply with any statute, ordinance, rule or regulation or for any condition upon which the license or permit was granted or that the further use of the license or permit or the exercise of the privileges thereunder would be contrary to the best interests of the village or its inhabitants or could cause or tend to cause injury, damage or annoyance to persons or property in the village or that other sufficient or adequate reasons exist, the Mayor or the Village Clerk may forthwith suspend such license or permit with or without notice, and without refunding any portion of the license fee, but shall report the facts and circumstances to the Board of Trustees at its next regular meeting. Thereupon, the Board of Trustees may, in its discretion, forthwith and without notice revoke said license or permit or may continue the suspension of such license or permit for such period of time as the Board may determine. The licensee, shall, however, have the right to appear before the Board of Trustees and present such proof as he or she may desire in respect to any such matter. The Board of Trustees may also require the licensee to appear before the Board and show cause why the license or permit should not be permanently revoked, and the failure of the licensee to appear at the time and place appointed shall, without more, be deemed adequate grounds for the permanent revocation of the license or permit.
During the period of time that any such license or permit has been suspended, or after the same has been revoked, the licensee shall be entitled to no more rights or privileges than if the license or permit had never been issued, but all actions done in good faith while the license or permit was in force, and in conformity with statute, ordinance, rules and regulations and the conditions of the license or permit shall be valid.
No licensee, servant, agent or employee of a licensee and no owner, licensee, manager, operator or other person having charge or control of any premises or part thereof wherein or whereon any licensed activity is carried on or performed shall do, or knowingly allow or permit any person, whether in his or her employ or otherwise, to do or permit any act or acts in violation of the terms and conditions upon which such license or permit has been issued, or in violation of any statute, ordinance, rule or regulation applicable thereto.
[Amended 5-3-1982 by L.L. No. 5-1982]
For the privilege of carrying on activities or of performing the acts for which licenses or permits are required, such licenses or permits shall be issued upon compliance with all of the terms and conditions hereinafter referred to and upon the payment of the fees hereinafter specified, in the appropriate village resolution. No such activities shall be carried on and no such acts shall be performed unless and until the required license or permit has been issued and the specified fee has been paid. No such fees shall be returnable.
[Amended 5-3-1982 by L.L. No. 5-1982; 5-7-1990 by L.L. No. 1-1990]
The fee schedule for licenses and permits is on file in the village offices and available for inspection during regular business hours. The fees contained therein may be amended from time to time by resolution of the Board of Trustees.
In the discretion of the Village Clerk issuing the license or permit, or the Mayor, he or she may impose such terms and conditions as deemed reasonable and proper for the protection of the village and the persons and property therein, or to avoid damage or annoyance to persons who may be affected by the exercise of the license or permit.