§ 47-6. Licensing; fees.

A. 

Requirements.

(1) 

The owner of any motor vehicles to be used for the transportation of waste oil in excess of 10 gallons shall file a separate application and secure a separate license for each vehicle to be so used.

(2) 

Upon filing an application and payment of the fee stipulated herein, the Director shall cause to be issued a temporary license to the owner of such vehicle by the Town Clerk pending the issuance of an approved license, which shall remain in effect until such time as the applicant is notified by the Director that the application for such approved license has been denied. A temporary license shall terminate upon the issuance or denial of an approved license.

(3) 

Each application shall contain such information as may be deemed necessary by the Director.

(4) 

If there is any change, after the filing of an application for a license, in any of the facts required to be set forth in the application, a supplemental statement giving notice of the change or changes duly verified by the applicant shall be filed with the Director within 10 days after any change. Failure to do so shall, if willful and deliberate, be considered cause for suspension or revocation of the license.

B. 

Terms.

(1) 

An approved license shall expire one year from the date of issuance of the temporary license associated with such approved license.

(2) 

Renewal of an approved license shall be effective on the date following expiration of the previous license.

(3) 

A temporary license may be granted for a period not exceeding 30 days from the date of issuance. However, the holder of a temporary license must submit a written request to the Director for an extension of a temporary license outlining the reasons therefor. The Director may grant an extension of a temporary license for a period not exceeding 15 days.

C. 

Nonassignability and nontransferability. No license issued pursuant to the provisions of this chapter shall be assigned or transferred to any person or used by any person other than the licensee.

D. 

Posting. Each license issued shall be conspicuously mounted and displayed within the cab of each vehicle to which it applies and shall be protected against damage.

E. 

Duplicates. When a temporary or approved license that has been issued pursuant to this chapter is lost, stolen, altered, mutilated or missing, it shall be replaced immediately with a duplicate, and the prescribed fee shall be paid for such replacement. The word "duplicate" shall be stamped across the face of the duplicate license, and such license shall bear the same number as the original.

F. 

Fees.

(1) 

The annual fee for each vehicle requiring a license to transport waste oil shall be $50, and for each renewal thereof, the fee shall also be the amount of $50.

(2) 

The fee for issuing a duplicate license shall be $2.

(3) 

The fee required for filing each application shall be $25. If the application is disapproved, the filing fee shall be retained to cover the cost of processing. If the application is approved, the filing fee shall be credited to the total fee.

G. 

Denial. A license shall be denied if:

(1) 

The vehicle is not currently registered by the New York State Department of Motor Vehicles.

(2) 

The vehicle is not in compliance with the requirements of the New York State Vehicle and Traffic Law.

(3) 

Upon examination of the vehicle by the Director or his authorized representative, it is determined that there is leakage from the tank or dripping from the filling or discharge mechanism.

H. 

Suspension or revocation. The Director, upon ten-day notice and after hearing at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license issued for any of the following causes:

(1) 

When the licensee has made any false material statement in the application for a license.

(2) 

When the licensee permits a person to operate such vehicle when not properly licensed by the New York State Department of Motor Vehicles.

(3) 

Upon a change in registration of the motor vehicle.

(4) 

Upon any violation of the New York State Vehicle and Traffic Law.

(5) 

Upon violation of any provision of this chapter or any rule or regulation adopted hereunder.

I. 

Hearing; appeal. No license shall be denied, suspended or revoked by the Director until after a hearing has been held before one or more employees or representatives of the Town of Brookhaven designated by the Director for such purpose, subject to the approval of the Town Board. The notice of the hearing shall be served on the applicant or licensee as provided herein at least 10 days prior to such hearing and shall include the time, place and date of hearing and a statement of the charges or reasons for the denial of the license. The licensee or applicant shall be heard in his defense or by counsel and may produce witnesses to testify on his behalf. A stenographic record of the hearing shall be taken and preserved. The hearing may be adjourned from time to time. The person conducting the hearing shall submit a written report of the findings with a recommendation to the Director. The Director shall review such findings and recommendations and shall accept, modify or reject the recommendations and issue or deny the license or dismiss the charges relative to the suspension or revocation, subject to the approval of the Town Board.

J. 

Notice.

(1) 

Any notice given by the Director or the hearing unit shall be deemed to have been duly given when:

(a) 

Served personally upon the applicant or licensee or sent by registered mail or certified mail to the applicant or licensee addressed to his residence.

(2) 

In case of personal service upon an officer of a corporate licensee or of service upon him by registered mail or certified mail addressed to his residence, together with a copy of the notice by regular mail to the address where the vehicle is stored, housed or kept.