§ 52-23. Fulfillment of requirements.

Upon receipt of the requisite report from the New York State Department of Criminal Justice and a driver abstract from the New York State Department of Motor Vehicles or, in the event of a renewal, upon receipt of the application, the driver abstract, and the Criminal Justice Report where requested, the Town Clerk shall investigate to ensure to his/her satisfaction the following:

A. 

That the applicant holds a valid New York State driver's license;

B. 

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

(1) 

The applicant's age;

(2) 

The applicant's relevant work experience;

(3) 

The applicant's driving history and ability as reflected in the abstract provided by the New York State Department of Motor Vehicles;

(4) 

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

(5) 

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

C. 

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.

D. 

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.

E. 

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, anger management, alcohol, or substance abuse 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.

F. 

Upon the completion of his or her investigation, the Town Clerk shall issue a driver's license to an applicant who (1) holds a valid New York State driver's license or a valid license of equivalent class issued by an adjacent state; and (2) is an individual the Town Clerk deems fit and proper to hold such driver's license in accordance with the factors identified above. A driver's license shall be denied to an applicant who does not meet such criteria.

[Amended 11-18-2008 by L.L. No. 14-2008]

G. 

A driver'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 E 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.

H. 

Upon denial of a driver'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.

[Amended 11-18-2008 by L.L. No. 14-2008]

Amended 6-13-2006 by L.L. No. 8-2006