§ 67-34. Disapprovals.

A. 

Business owner's license. The Commissioner shall notify the applicant that his or her application is disapproved, and no license and/or permit will be issued, under the circumstances set forth herein:

(1) 

Personal review. A determination by the Commissioner that the applicant lacks the character, experience or responsibility to engage in transportation for hire.

(2) 

Business review. A determination by the Commissioner that the applicant has an unacceptable business record based on a review of past complaints; that the services the applicant proposes to offer or has offered are inadequate; or that the applicant has had more than three convictions for failure to post any and all devices and placards required by this chapter within five years.

(3) 

Criminality, generally. Any conviction for a felony, misdemeanor and/or Town ordinance violation which, in the judgment of the Commissioner, renders the applicant or his or her operator unfit, undesirable or incapable of properly engaging in transportation for hire; or if fraud, misrepresentations or false statements are contained in the application.

(4) 

Criminality, charges. An indictment or formal charges with or for any crime.

(5) 

Criminality, evidence. A preponderance of evidence that the applicant or his or her operator has violated any provision of this or any other chapter of the Code of the Town of Brookhaven or any local law, ordinance, code, rule or regulation of Suffolk County, New York State, the Town of Brookhaven or any other municipality.

(6) 

Criminality, controlled substances. Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.

(7) 

Criminality, minors. Any crime against or involving children.

(8) 

Criminality, vehicular. Any felony involving use of a vehicle by the applicant or his or her operator within the last three years; any crime involving operation of a vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs; or leaving the scene of an accident.

(9) 

Criminality. Any felony conviction within 10 years.

B. 

Vehicle's certificate of operation. The Commissioner shall notify the applicant that his or her application is disapproved, and no certificate will be issued, under the circumstances set forth herein:

(1) 

Noncompliance. Vehicles which do not comply with the requirements of the State of New York, County of Suffolk or Town of Brookhaven, including any of the following:

(a) 

Lack of a valid business owner's license from the Town of Brookhaven by applicant.

(b) 

Lack of equipment, markings and/or devices and placards required by this chapter.

(c) 

Lack of any repairs, alterations or additions as may be required by this chapter or any directive of the Commissioner.

(d) 

Lack of a written log or the improper maintenance, updating or availability for inspection of said written log, as required hereinabove, during the term of any previous certificate.

(e) 

Lack of proper reporting of any accident, as required hereinabove, using the term of any previous certificate.

(f) 

A determination by the Commissioner that the vehicle possesses an unacceptable business record based upon a review of the history of past complaints.

(g) 

More than three convictions for failure to post any and all devices and placards, as required by this chapter, against said vehicle, within five years.

(2) 

Inspection failure. Vehicles which do not comply with state and/or Town inspections as required hereinabove, including any of the following:

(a) 

Unclean, unfit, or poor appearance or in an unsafe condition for the transportation of passengers.

(b) 

Improper or incorrect vehicle identification, registration or license plate numbers.

(c) 

Inoperative headlights, taillights, parking lights, stop or brake lights, directional signals, roof lights or interior lights.

(d) 

A faulty suspension system as can be determined by nonmechanic inspector.

(e) 

Broken windows, windshield, rear view mirrors or side view mirrors.

(f) 

Inoperative windshield wipers or horn.

(g) 

Faulty doors, door locks and door latches, or doors that do not allow occupants of the passenger compartment to readily open them from the interior of the vehicle.

(h) 

Badly worn tires, the treads of which do not meet minimum New York State Vehicle and Traffic Law requirements.

(i) 

A faulty exhaust system, evidenced by excessive noise, visible fumes or visible holes.

(j) 

A faulty fuel system evidenced by visible leak or strong fuel smell.

(k) 

Signs and/or displays not in conformance with this chapter.

(l) 

General neglect and/or disrepair of the chassis and/or body of the vehicle.

(3) 

Criminal involvement. Vehicles for which there is evidence or information that it was used or involved in any of the criminal activities set forth herein:

(a) 

Any felony.

(b) 

Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.

(c) 

Operation of the vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.

(d) 

Leaving the scene of an accident.

(e) 

Any crime against or involving children.

(f) 

Peddling of any goods or property from or near the vehicle.

(g) 

Any violation of any provision of this or any other chapter of the Town Code or any local law, ordinance, code, law, rule or regulation of Suffolk County or New York State.

(h) 

An indictment or formal charges with or for any crime or offense.