City Council:
AN ORDINANCE AMENDING CHAPTER 237 OF
THE CODE OF THE CITY OF MOUNT VERNON,
ENTITLED "TAXICABS," TO CONFORM TAXICAB
DRIVER AND TAXICAB LICENSING REQUIREMENTS
WITH NEW YORK CORRECTION LAW ARTICLE 23-A
AND CRIMINAL PROCEDURE LAW ? 160.57, AND TO
ESTABLISH AN ADMINISTRATIVE APPEALS PROCESS
FOR LICENSE DETERMINATIONS
Whereas, the City Council finds that New York Correction Law Article 23-A establishes the public policy of the State of New York to encourage the licensure and employment of persons previously convicted of criminal offenses while protecting the public health, safety and welfare.
Whereas, the City Council further finds that Criminal Procedure Law ? 160.57 limits the consideration and use of sealed criminal history information and that local licensing regulations should be administered in a manner consistent with state law.
Whereas, the purpose of this Ordinance is to ensure that taxicab driver and taxicab licensing determinations are made in accordance with Article 23-A of the Correction Law, Criminal Procedure Law ? 160.57, and principles of due process.
The City of Mount Vernon, in City Council convened, does hereby ordain and enact:
Section 1. Removal of ? 237-3(A)(6). Section 237-3(A)(6) of the Code of the City of Mount Vernon is hereby removed:
[Not have been convicted of a felony nor any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude.]
Section 2. Amendment of ? 237-16(F). The final sentence of ? 237-16(F), is hereby repealed and replaced with the following:
["No application for a taxicab license shall be approved nor any license issued under the provisions of this chapter until after the commanding officer of the Bureau of Criminal Identification in the Department of Public Safety has reviewed and examined the criminal history record information disseminated by the Division of Criminal Justice Services. No license shall be granted to any applicant ...
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