CHAPTER 13 Article 1. General provisions. Sec. 1. Emergency cases. § 2. Incurables; deaths. Hospitals ARTICLE 1 GENERAL PROVISIONS §3. Insane, temporary care. 4. Non-residents, treatment. § 5. City employees injured in the course of duty. Sec. 1. Emergency cases.-Any person injured or taken sick in the street or in any public place, who may not be safely removed to his or her home, may be sent to and shall be received by any public hospital, for temporary care and treatment, irrespective of his or her place of residence. (Charter, § 692.) §2. Incurables; deaths.-Whenever any sick person in any public hospital shall, in the judgment of the board or officer having jurisdiction thereof, cease to be a proper case for treatment therein, such person shall be transferred to the care, custody and control of the commissioner of public charities, who shall forthwith receive and care for such person. In case any sick person under treatment in any public hospital, not under the control of the department of public charities, shall die, the officer in charge of such hospital may call upon the commissioner of public charities to receive and remove the body of such person, and the commissioner shall forthwith receive and remove the same for burial, or other proper disposition. The cost and expense of such reception, removal, burial, or other proper disposition shall be borne and paid by the department of public charities. (Charter, § 692.) §3. Insane; temporary care.-There shall be provided and maintained in every public hospital suitable wards or rooms for the examination and temporary care of persons alleged to be insane. (Charter, §§ 670, 672.) §4. Non-residents; treatment.-Persons who do not reside in the city may be received and treated in any public hospital; provided the person so received shall be required to pay such sum for board and attendance as may be fixed by the board or officer in charge of the hospital, but no such person shall be received to the exclusion of residents of the city. The board or officer in charge of a hospital, receiving non-resident patients, shall collect and pay over all such moneys to the chamberlain once every month. The board or officer, upon receiving such payments, shall report the same to the comptroller, and the amounts so collected shall be paid into the general fund. (Charter, § 678, subd. 8, § 692.) $5. City employees injured in course of duty.-Any member of the uniformed forces of the fire or police departments who shall be injured while actually employed in the discharge of police or fire duty, as the case may be, or while under orders of his superior officers in the police station or fire house, as the case may be, or who as the result of illness traceable directly to the performance of police or fire duty, as the case may be, or a member of the uniformed force of the department of street cleaning, or any employee of the departments of parks, water supply, gas and electricity, docks and ferries or plant and structures, who shall be injured while actually employed in the discharge of duty, when certified to by the head of the department, shall be received by any hospital for care and treatment at the usual war patient rates. The bill for such care and treatment at such rates, when certified by the superintendent or other person in charge of such hospital and approved by the head of the department concerned shall be paid subject to audit by the comptroller. Adopted July 16, 1918. Approved July 26, 1918. CHAPTER 14 Licenses Article 1. General provisions. 4. Dealers in second-hand articles. 5. Dirt carts. 6. Expresses and expressmen. 7. Exterior hoists. 8. Hacks, cabs and taxicabs. 9. Junk dealers. 9a. Pawnbrokers. 10. Peddlers, hawkers and venders. 11. Public carts and cartmen. 12. Public porters. 13. Shooting galleries. 14. Street musicians. 15. Massage institutes and operators. 16. Lessees of tenements. 17. Bathing establishments and bath house keepers. 18. Soliciting contributions in public. This chapter conforms to ch. 475, L. 1914, amending §§ 640-641 of the Charter, which abolished the old Bureau of Licenses established by Ord., Feb. 8, 1898. That Bureau was the successor by various enactments of the old "Bureau of Permits," sec. 1 of ord. app. Feb. 2, 1886, as limited by chap. 412, Laws of 1895. The tendency has been to make laws uniform throughout the entire city, and to concentrate into one bureau the issuing of all licenses. By the City Ordinances, 1859, all licenses were issued by the Mayor and separate chapters cover the different subject-matters, such as Coaches and Cabs, Pawnbrokers, Dealers in Second-Hand Articles and Keepers of Junk Shops, etc., which are now included in one chapter. When the ordinances were revised in 1880 a Bureau of Permits was established. (R. O. 1880, art. XXX.) The general powers were further extended by L. 1887, chap. 417, and L. 1888, chap. 115, and L. 1896, chap. 36, where the Board of Aldermen, although forbidden to allow obstructions in the streets or sidewalks, was expressly allowed to grant permits for "stands within the stoop-lines" for certain purposes. See sec. 50, Greater New York Charter, and notes under streets, ch. 23. ARTICLE 1 GENERAL PROVISIONS Sec. 1. When required. § 2. Licensees must be citizens. § 3. How issued. § 4. Registration of licenses; deposit of fees. § 5. Suspension and revocation of licenses. 6. Duties of licensees. § 7. Inspections. Sec. 1. When required. In addition to the businesses, places, trades, occupations and things required to be licensed by statute or by other chapters of this code, the following must be duly licensed as herein provided, namely: e-Drivers or chauffeurs of hacks, cabs, taxicabs and expresses; f-Expresses and expressmen; -Exterior hoists; -Hacks, cabs and taxicabs; -Hand organs; j-Itinerant musicians; k-Junk dealers; kk-Massage operators and institutes 1-Peddlers, hawkers and venders; m-Public carts and cartmen; n-Public porters; -Stands within stoop lines and under the stairs of elevated or subway stations; r-Weighers of hay. No person shall engage in, or carry on any business, trade or occupation, or maintain any place or thing specified in this section without a license therefor. This article is based on the Ord. of May 22, 1899. See specific articles, infra, covering specific cases. There can be no doubt of the general power of a municipal corporation to regulate and control the occupations referred to. The courts have even gone so far as to hold that where a license is required of a business, one who engages in that business without a license may not recover the value of goods sold or services rendered. Ferdon v. Cunningham, 20 How. Pr. 154; Best v. Bauder, 29 How. Pr. 489; but, see Miller v. Burke, 6 Daly, 171, aff'd 68 N. Y. 615; see cases under specific subjects, infra. The power of a municipality to license certain employments is wholly derived from the legislature and must be exercised within such authority, and fees must be reasonable. People v. Jarvis, 19 App. Div. 466. For Common Shows, and Motion-Picture Exhibitions see Amusements and Exhibitions, ch. 3, arts. 2 and 3. Act requiring dancing academies in N. Y. City to be licensed declared unconstitutional. People ex rel. Duryea v. Wilbur, 198 N. Y. 1, but see L. 1910, ch. 547. Pawnbrokers and Employment agencies are governed by the General Business Law. § 2. Licensees must be citizens.-No person shall be licensed, nor shall any existing license be renewed, under any provisions of this chapter or of chapters 3 and 23 of this ordinance, except a citizen of the United States, or one who has regularly declared his intention to become a citizen. The commissioner of licenses shall revoke the license of any person who, having declared his intention of becoming a citizen, fails to acquire citizenship within six months after his right to do so accrues, or within six months after this ordinance shall take effect. But a city ordinance forbidding non-residents engaging in business without a license is unconstitutional. City of Watertown v. Rosenbaugh, 112 App. Div. 723. §3. How issued.-All applications for licenses shall be made to the commissioner of licenses in such form and detail, as he shall prescribe. All licenses shall be issued on established forms, which shall be printed in book form with corresponding stubs. They shall be consecutively numbered, with suitable blank spaces for writing in the name and residence of licensee, the kind and class of license granted, the location and privileges allowed and the amount of fee paid. All licenses shall be granted for a term of one year from the date thereof, unless sooner suspended or revoked, or otherwise specifically provided by law or ordinance. (C. O., §§ 302, 303, 307.) §4. Registration of licenses; deposit of fees.-All licenses shall be duly classified and recorded in suitable registers and fully indexed. There shall be kept in the principal office of the department and in each and every branch office thereof, a book for recording consecutively, day by day, each license issued, showing its kind and class, whether new or renewal, name of licensee, regular number of blank form and amount of fee received therefor. A daily report showing all of the above details shall be made by each branch office to the principal office of the department. There shall also be kept in the principal office of the department a book showing a statement of all licenses issued, and fees received by the department and its branches, tabulated by days, months and quarters of the year, and compiled annually. Each register of licenses shall be a public record, and extracts therefrom may be certified by the commissioner of licenses, or a deputy commissioner or assistant in charge of a branch office of the department, for use as evidence. All moneys received as license fees shall be duly deposited in a designated city depository the day following their receipt. (Ord. June 29, 1914.) Payment of a fee voluntarily by mistake cannot be recovered. Heberon v. New York, 78 Misc. 653. § 5. Suspension and revocation of licenses.-The commissioner of licenses is empowered to hear and determine complaints against licensees, and to suspend or revoke any license or permit issued by him, under any provision of this ordinance. The commissioner when investigating any matters pertaining to the granting, issuing, transferring, renewing, revoking, suspending or canceling of any license, is hereby authorized in his discretion to take such testimony as may be necessary on which to base official action. When taking such testimony he may subpoena witnesses and also direct the production before him of necessary and material books and papers. The commissioner may, in his discretion, delegate to the deputy commissioners of licenses, to the chief of the division of licensed vehicles and the chief of the Brooklyn office of the department the power and duty of taking testimony, and the said officials when so delegated may subpoena witnesses, book and papers with the same force and effect as if subpoenaed by the commissioner. The said delegated officials shall have the testimony taken before them reduced to writing and transmit the same to the commissioner for final action. The commissioner or a deputy commissioner of licenses, the chief of the division of licensed vehicles or the chief of the Brooklyn office of the department shall have power to hear and determine complaints against licensees hereunder and impose a fine of not more than $5, or less than $1, for any violation of the provisions of this chapter, and each of such officers shall have power to suspend a license pending the payment of such fine. All such fines when collected shall be paid into the Sinking Fund for the Redemption of the City Debt. (Ord. June 29, 1914.) § 6. Duties of licensees. 1. General. Every person holding a license issued under any provisions of this chapter shall exhibit the same upon demand of any person, and shall report to the department any change of residence or place of business, within 3 days of such change. A licensee shall at all times render any public services within scope of his license when called upon, unless actually unable so to do. 2. Badges. Every licensed hackman, whenever with a hack or waiting for employment anywhere in the city, every licensed peddler while peddling, and every person while using a licensed junk cart or boat, shall wear conspicuously on the right breast of the outer coat a metal badge of the shape, size and style prescribed by the commissioner of licenses, having engraved or embossed thereon the official designation and number of the license, together with the words "New York City." 3. Licensed vehicles, designation of. All words, letters and numbers, hereinafter prescribed for licensed vehicles, shall be shown permanently and conspicuously on each outside thereof in colors contrasting strongly with background, and not less than 2 inches high, as directed or approved by the commissioner of licenses, and shall be kept legible and plainly visible at all times during the term of the license; and shall be obliterated or erased upon change of ownership or expiration of the license; and no person shall have or use any vehicle with words, letters or number thereon like those herein prescribed for licensed vehicles without being duly licensed therefor. (Ord. July 7, 1914.) §7. Inspections.-All licensed vehicles or places of business shall be regularly inspected. The result of each inspection shall be endorsed on the license therefor, together with the date of the inspection and the signature of the inspector. A report of all inspection shall be regularly reported to the commissioner of licenses. (Ord. July 7, 1914.) ARTICLE 2 BILLIARD AND POOL TABLES Sec. 20. General provisions. § 21. License fee. Sec. 20. General provisions.-Any pool or billiard table in a place open to the public shall be deemed to be included within the terms of this ordinance, and every keeper of a public place where there are pool or billiard tables shall maintain good order and allow no persons under 16 years of age to play therein. (C. O., § 355.) § 21. License fee. The annual license fee for each public billiard or pool table shall be $3. (C. O., § 307.) ARTICLE 3 BOWLING ALLEYS Sec. 30. General provisions. § 31. License fee. Sec. 30. General provisions.-Any bowling alley in a place open to the public shall be deemed to be included within the terms of this |