§ 563-80. Term of licenses; renewal; conditions; exemption from license fees., Article VII. Septic Industry Businesses, Chapter 563. Licensed Occupations, Part II. Regulatory Local Laws, Code of Ordinances, Suffolk County

Term; fee; exemptions.

(1)

Term of licenses; renewal; conditions.

(a)

All licenses, except temporary licenses, shall be for periods of two years from the date of issuance thereof, at the discretion of the Department, and shall expire on the last day of the 24th month of such issuance. Subsequent renewals shall be for periods of two years.

(b)

The fee for a commercial, industrial, residential septic tank/sewer drain treatment, bacteria additives and maintenance license shall be $200 per annum, other than for those persons exempt under the provisions of this § 563-80.

(2)

Exemptions from license fees. Exemptions shall be as follows:

(a)

Persons who have been accepted into the innovative alternative on-site wastewater treatment demonstration program sponsored by the County to demonstrate their innovative alternative on-site wastewater treatment systems to the Suffolk County Department of Health Services for approval for general public use, who are donating their systems into the program and who are maintaining those systems at the specific sites accepted into the program, are exempt from paying the license fees under this section for the duration of the program only, which shall be no longer than five consecutive years. Notwithstanding the foregoing, any persons who are exempt from paying license fees under this section shall be responsible for applying for and obtaining the appropriate license under this article. In addition, such persons shall be responsible for applying for and obtaining the appropriate license under this article and paying the associated license fees for said license in the event they contract to do any other work at the specific sites accepted into the program that is not associated with the donated systems, in the event they continue to provide maintenance or other associated work for the donated systems after the program expires, or in the event they contract to do any work at any other site or sites that are not accepted into the program.

The fee for a commercial, industrial, residential septic tank/sewer drain treatment, bacteria additives and maintenance license shall be $200 per annum.

[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No. 4-2003]

Failure to make application and pay the required annual fee for a license renewal prior to the expiration date of said license shall render the license null and void on the expiration date and require the licensee to submit a new application for an original license. Compliance with the provisions of this subsection and § 563-79B and C shall entitle the licensee to the renewal of his license, provided that such license has not been suspended or revoked by the Director prior to the expiration date.

[Amended 12-17-2002 by L.L. No. 4-2003; 12-1-2015 by L.L. No. 40-2015]

If an individual licensee enters the Armed Forces of the United States, his license shall continue in force after the date of his entrance into the Armed Forces until six months after the date of termination of his first enlistment. If such licensee does not apply for renewal within this period, his license shall terminate without any notice of action by the Office.

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

The death of an individual who holds a valid license issued pursuant to this article shall terminate such license.

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

A license issued in the name of an individual may be assigned or transferred for the remainder of the license period to a partnership, corporation or other entity, provided that the individual holding such license is a general partner of such partnership, the owner of not less than 25% of the outstanding voting shares of such corporation or the holder of not less than a twenty-five-percent interest in any other entity at the time of the assignment or transfer. The application for such transfer or assignment must be accompanied by evidence satisfactory to the Director that the above set forth requirements have been satisfied. No assignment or transfer shall become effective until such proper endorsement evidencing said transfer or assignment has been made on the face of the license by the Director and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made by the payment of a fee of $25.

[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No. 4-2003]

A license issued pursuant to this article shall be conspicuously posted in the place of business of the licensee.

Each individual licensee shall, within seven business days after a change of control or ownership or of management, apply for the assignment or transfer of a license specified in Subsection F, or such license shall terminate. Every other licensee shall, within seven business days after a change of control in ownership or management, notify the Department, in writing, of such change.

No licensee shall authorize or permit the use of his license by or on behalf of any other person.

Each licensee shall, within seven business days after a change of address or trade name, notify the Office, in writing, of such change.

Vehicles used in the licensed business shall have the business name and Suffolk County license number displayed prominently on both the driver and passenger sides of the vehicle. The business name and license number shall be in letters and numbers four inches in height or larger and in contrasting color to the vehicle color.

All advertising shall include a Suffolk County Department of Citizen Affairs license number, a number from a New York State Department of Environmental Conservation permit issued pursuant to 6 NYCRR Part 364, where applicable, and the business name of the permit holder, which shall be no smaller than ten-point type.

Applicants for a license shall demonstrate prior trade experience of five years in the commercial, industrial and residential septic tank/sewer treatment, bacteria additives and maintenance field.

Applicants shall furnish certificates of public liability and property damage insurance in the amount of $1,000,000.

Applicants shall furnish proof of a license and permit bond in the amount of $10,000.

All tank trucks used to haul liquid waste within the County of Suffolk shall be equipped with a site glass enabling license holders, consumers and investigators to verify the liquid volume on board the tank at any time.

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 6-6-2000 by L.L. No. 11-2000]