§ 66-5. Application for license and medallion., Chapter 66. Towing Businesses, Code of Ordinances, Brookhaven

The name and address of the applicant, specifying, in the case of a partnership or unincorporated association, each partner or member thereof and, in the case of a corporation, the name and address of each officer, director and stockholder, except that if the corporation is listed on the stock exchange, the names and addresses of the stockholders owning 5% or more of the common stock issued. The applicant must be the owner of the vehicle, and, if a corporation, the applicant must be an officer of said corporation.

The date of birth of the applicant or each partner, member, officer, director or stockholder, where applicable.

Identification. Applicants shall also file the items set forth herein with said application, unless specifically waived by the Commissioner upon a showing of facts, which, in the discretion of the Commissioner, 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 the Department of Public Safety or his designee for appropriate fingerprinting of said applicant, and a copy of such completed fingerprint card shall thereafter be forwarded by the same 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, and payable to, 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.

(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 of Public Safety or his designee, if the application is approved by the Commissioner or his designee and upon payment of the prescribed license fee, the Commissioner 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 Commissioner of Public Safety or his designee, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year.

Photographs.

(1)

Two identical photographs of the applicant shall be submitted, taken no longer than 60 days prior to submission of the application; and

(2)

Said photographs shall be up to but not to exceed two inches by two inches in size, showing both the head and shoulders of the applicant.

(3)

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.

With respect to each tow truck to be operated in the Town by the applicant for which a medallion is requested:

(1)

The vehicle identification number.

(2)

The license plate number.

(3)

The make, model and year.

(4)

(Reserved)

(5)

The name and address of the owner.

(6)

Whether each tow truck is equipped as required herein.

(7)

Whether each tow truck is a medium-duty wrecker or heavy-duty wrecker.

[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]

The address of any and all depots, garages or body shops, whether located inside or outside the Town, that will be used by the applicant in connection with his towing businesses and which tow trucks will be stationed at each location.

Each depot requires a dedicated tow truck with only a single depot location inscribed on the side of said truck. A tow truck stationed at one depot may not simultaneously be listed or utilized at another depot.

[Added 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]

Editor’s Note: This local law also redesignated former Subsections H through N as I through O, respectively.

The name and address of the depot, body shop or garage in the Town to which the applicant will tow motor vehicles damaged or disabled when picked up as the result of a call from the accident roster, heavy-duty roster or non-accident roster, in the absence of a designation to the contrary, in accordance with § 66-19, by the owner or person in charge of the motor vehicle. The designated depot, body shop or garage shall be the location listed by the applicant, inspected by the Department of Public Safety, and designated on the tow truck pursuant to § 66-8H.

[Amended 6-20-2006 by L.L. No. 12-2006; effective 6-26-2006]

Whether the applicant wants to be placed on the non-accident roster, the light-duty roster, the medium-duty roster and/or the heavy-duty roster.

[Amended 6-20-2006 by L.L. No. 12-2006, effective 6-26-2006]

A statement whether the applicant or, if the applicant is a partnership, an unincorporated association or a corporation, any partner, member, officer, director or stockholder (as defined in Subsection A above):

(1)

Has, within the last five years, ever been convicted of a crime and, if so, the date, crime, charge and sentence imposed.

(2)

Has ever been denied a license for a tow truck or towing business or a license issued to the applicant has ever been suspended or revoked and, if so, the date, the location and the circumstances thereof.

A list of all valid licenses held by the applicant which authorize him to conduct a towing business and/or a body shop.

At least one but no more than two telephone numbers (one daytime between 7:00 a.m. and 6:00 p.m. and one nighttime, weekends and holidays) where the applicant or his agent or employees can be located at all times.

The applicant is required to provide the Commissioner with a list of licensed drivers who will be operating the applicant's Town truck(s).

The applicant is required to provide the Commissioner with a statement in the form of a sworn affidavit, on a form supplied by the Commissioner, indicating that the driver holds a valid New York State driver's license and whether the driver has any convictions for felonies or misdemeanors and, if so, by what court, when, where, upon what charges and the sentence of the court.