§ 36-6. Investigation of applicant; issuance or denial of license., Chapter 36. Peddlers, Code of Ordinances, Brookhaven

Upon receipt of any application, the original shall be referred to the Town Clerk, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good, which may include a police record check.

Identification. Applicants shall also file the items set forth herein with said application, unless specifically waived by the Town Clerk upon a showing of facts, which, in the discretion of the Town Clerk, warrant the waiving of said requirements.

(1)

Fingerprints.

(a)

Upon receipt of a sworn application for a permit, a copy thereof and a fingerprint card taken in duplicate shall be referred to the Commissioner of Public Safety or his designee for appropriate fingerprinting of said applicant, and one copy of such completed fingerprint card shall thereafter be forwarded by the Commissioner or his designee to the New York State Division of Criminal Justice Services for a full search.

(b)

The application shall be accompanied by an appropriate fee, the amount and payment instrument to be determined by the Commissioner of Public Safety or his designee, pursuant to the requirements of the New York State Division of Criminal Justice Services, which amount shall be in addition to the processing fees stated herein, for such investigation of the applicant as is deemed necessary or advisable for the protection of the public good and welfare.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(c)

The New York State Division of Criminal Justice Services shall return such criminal history record information as may exist in its files or a statement that no such relevant information exists, such record to be filed with the Commissioner of Public Safety or his designee.

(d)

Upon its return by the New York State Division of Criminal Justice Services to the Commissioner or his designee, if the application is approved by the Commissioner or his designee and upon payment of the prescribed permit fee, the Town Clerk shall prepare and deliver to the applicant therefor the permit required by this chapter.

(e)

New fingerprints for each renewal period may be waived by the Town Clerk, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year.

(2)

Photographs.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(a)

One full-face photograph of the applicant shall be submitted, taken no longer than 60 days prior to submission of the application; and

(b)

Said photograph shall be up to but not to exceed two inches by two inches in size.

(c)

Digital photos may be taken at the time of application by the Department of Public Safety.

Examinations. At the discretion of the Commissioner of Public Safety or his designee, before the issuance of a permit, the Commissioner or his designee may require the applicant, and any others having knowledge of any facts, to submit to an examination, under oath, and to produce evidence relating thereto.

Modification. Any change in circumstance with regard to the information required hereinabove shall be reported in writing to the Commissioner of Public Safety or his designee within 30 days of occurrence.

Following an investigation of the applicant's business and moral character, the Town Clerk may deny the application for a license for any of the causes for which a license may be revoked as set forth in § 36-12 of this chapter.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

Editor's Note: Former Subsection E, Stationary license, was repealed 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012. This local law also redesignated Subsections F through H as Subsections E through G, respectively.

Upon approval of an application, the Town Clerk shall endorse on the application his or her approval and, upon payment of the prescribed fee, issue a license to the applicant. The license shall contain the following information:

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(1)

The signature of the Town Clerk and the Town Seal.

(2)

The name, address and have affixed thereto a photograph of the licensee.

(3)

The type of license issued.

(4)

A description of the goods to be sold thereunder.

(5)

Where a license is issued for the sale of goods other than food products, such license shall be stamped "Not valid for food sale."

(6)

The date of issuance of the license.

(7)

The date of expiration of the license.

(8)

The license number and other identifying description of any vehicle use by the licensee.

The Town Clerk shall keep a record of licenses issued.

Editor's Note: Former Subsection I, regarding renewal of stationary peddlers licenses, which immediately followed this subsection, was repealed 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012.