§ 563-5. Application procedure; information required; qualifications; issuance of license.

A. 

All applications for licenses shall be submitted in writing on forms furnished by the Office and shall be accompanied by a nonrefundable application fee in the amount set forth in the appropriate article of this chapter.

B. 

The license application shall be filed by an actual owner or partner of a business and shall be signed under oath. Where a corporation is an applicant or a participant in an application, the application shall be signed under oath by an officer of such corporation.

C. 

All applications shall include the residence address of the individual who subscribes his name to the application.

D. 

The Director may require the names and residence addresses of any employees or officers of the applicant, in addition to any other information which he may deem advisable and proper.

[Amended 12-17-2002 by L.L. No. 4-2003]

E. 

Except as otherwise provided in this article, an individual applicant must be at least 18 years of age, of good character and financially responsible. A licensee must maintain good character standing and maintain financial responsibility during the term of the licensee's license(s) and/or certificate(s).

[Amended 3-23-2010 by L.L. No. 7-2010]

F. 

The Director shall investigate such applicant as to good character before he shall issue the applicant a license.

[Amended 12-17-2002 by L.L. No. 4-2003]

G. 

Applicants shall meet such further qualifications as may be prescribed by this article and any other appropriate article of this chapter.

H. 

The Office shall issue a license or temporary license to each applicant who has submitted satisfactory evidence of his qualifications and who has complied with all of the requirements of this article and any other appropriate article of this chapter.

[Amended 12-17-2002 by L.L. No. 4-2003]

I. 

No applicant for a license or license renewal shall have any outstanding judgment for child support against him or her, or be in arrears in child-support payments as determined by official court records or official government records, at the time an application is filed for such license or license renewal. If an applicant has such a judgment against him or her, or is in such arrears, but is current in payments on a judicially approved, or Child Support Enforcement Bureau sanctioned, payment schedule to pay off or reduce such judgment or arrears, then such individual shall not be deemed ineligible for a license or license renewal on the grounds of such judgment or arrears. At least 30 days prior to the expiration of a license, the Office shall send a written notice to a licensee informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with child-support obligations. If necessary, a second written notice shall be sent by the Office to a licensee 60 days after the license has lapsed, informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with the child-support obligations. In addition, the County Department of Social Services, through its Child Support Enforcement Bureau, shall notify all current noncustodial parents of the obligations contained herein.

[Added 6-21-1994 by L.L. No. 13-1994; amended 6-6-2000 by L.L. No. 11-2000]

J. 

All license applications or renewals shall include a Federal Tax Identification Number or New York State Sales Tax Identification Number, as applicable. If such information is not provided, a license will not be issued.

[Added 9-8-1995 by L.L. No. 31-1995]

K. 

All license applications shall include a representation by the applicant that he or she is in compliance with 8 U.S.C. § 1324a, with respect to the hiring of employees. If such representation is not made, a license shall not be issued. An applicant shall be obligated to continue to comply with the requirements of 8 U.S.C. § 1324a during the term of his or her license, and his or her failure to so comply, as determined by the Director after an investigation by the Suffolk County Department of Labor or based upon a finding of a federal court, agency or administrative law judge under the procedures set forth in 8 U.S.C. § 1324a, shall constitute grounds for the imposition of a fine or the suspension or revocation of a license or the denial of an application for the renewal of a license, in accordance with the applicable provisions of this chapter.

[Added 5-13-2008 by L.L. No. 16-2008]

L. 

All applications shall include a representation by the applicant that he or she is making all required payroll tax payments for his or her employees, including Social Security taxes, Medicare taxes, and state and federal unemployment taxes. If such representation is not made, a license will not be issued. The applicant's failure to make required payroll tax payments during the term of his or her license, as determined by the Director after an investigation by the Suffolk County Department of Labor or based upon a finding of a federal or state court, administrative law judge, hearing officer, or agency of competent jurisdiction, shall constitute grounds for the imposition of a fine or the suspension or revocation of a license or the denial of an application for the renewal of a license, in accordance with the applicable provisions of this chapter.

[Added 5-13-2008 by L.L. No. 16-2008]

Amended 6-21-1994 by L.L. No. 13-1994