§ 52-8.1. Fulfillment of requirements., Article IV. Owner's License, Chapter 52. Taxicabs, Limousines and Private Livery Vehicles, Code of Ordinances, North Hempstead

That the applicant is a fit and proper person to obtain an owner's license, taking into consideration the following:

(1)

The applicant's age;

(2)

The applicant's relevant work and industry experience;

(3)

The applicant's moral character, the assessment of which may include, but not be limited to, consideration of the circumstances surrounding any convictions for violations and offenses; and

(4)

The applicant's criminal history, if any, as reflected in the report received from the New York State Department of Criminal Justice.

If, upon review of the report provided by the New York State Department of Criminal Justice, it is revealed that the applicant has been convicted of one or more crimes, the Town Clerk shall consider the following factors as required by Correction Law § 753:

(1)

The legitimate interest of the Town in protecting property, and the safety and welfare of specific individuals or the general public;

(2)

The specific duties and responsibilities necessarily related to the license sought;

(3)

The bearing, if any, that the criminal offense or offenses for which the person was previously convicted will have on his/her fitness or ability to perform one or more such duties or responsibilities;

(4)

The time which has elapsed since the occurrence of the criminal offense or offenses;

(5)

The age of the person at the time of the occurrence of the criminal offense or offenses;

(6)

The seriousness of the offense or offenses;

(7)

Any information produced by the applicant, or produced on his or her behalf, in regard to his rehabilitation and good conduct; and

(8)

The public policy of this state to encourage the licensure of persons previously convicted of one or more criminal offenses.

In evaluating the above criteria, the Town Clerk shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the crime or crimes specified therein.

In addition to the documents and papers required pursuant to § 52-20, the Town Clerk, in the event that the report provided by the New York State Department of Criminal Justice reveals one or more convictions of crimes or criminal offenses or violations, or an unresolved criminal charge against the applicant, may request that the applicant provide him or her with one or more of the following, as he or she deems appropriate: a certificate(s) of disposition; a letter from the applicant's defense counsel explaining the nature of the open charges against the applicant; character or reference letters from past and/or current employers or other individuals; certificates of completion of mental health, alcohol, substance abuse, or anger management counseling programs; and/or letters from probation or parole officers; or any other reasonably obtainable document which would assist the Town Clerk in evaluating the application.

Upon the completion of his or her investigation, the Town Clerk shall issue an owner's license to an applicant who is an individual the Town Clerk deems fit and proper to hold such owner's license in accordance with the factors identified above. An owner's license shall be denied to an applicant who does not meet such criteria.

An owner's license shall also be denied to an applicant in the following circumstances:

(1)

The Town Clerk's investigation reveals that the application contains false information; or

(2)

An applicant either refuses or cannot provide the Town Clerk with the documentation requested pursuant to Subsection D of this section, after a reasonable opportunity to provide such documentation has been provided;

(3)

The application information required by § 52-20 is not complete and the applicant has had a reasonable opportunity to provide such information to the Town Clerk;

(4)

The applicant has not fulfilled the requirements of § 52-21.

Upon denial of an owner's license application by the Town Clerk, an applicant shall be entitled to an administrative appeal as per the procedures set forth in §§ 52-27 and 52-28.