Sec. 76.2. Licenses

(a) Upon approval of an application and of the place of business of the applicant, the commissioner will issue a license to the applicant. Such original license shall be valid until the last day of the 12th month following the date of its issuance. Such license document or current renewal license document thereof must be conspicuously displayed in the licensee's principal place of business at all times. At the time of issuance of an original license document or renewal license document, a license number will be assigned to the licensee which will be inscribed on such license document and subsequent renewal documents.

(b) No such license shall be issued unless every applicant, officer, partner, manager, shareholder or other person signing the application for license, as required, has furnished satisfactory evidence of good character, reputation, fitness and ability to comply satisfactorily with the regulations affecting drivers' schools.

(c) Except as provided in paragraph (3) of this subdivision, no license will be issued for a drivers' school or a branch thereof:

(1) if the place of business is within 1,500 feet of a building owned or leased by the State or county in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public;

(2) if the drivers' school is within 1,500 feet of an official New York State road test post in use at the time of the application therefor; nor

(3) if at the time of application for a new license, it shall appear that during the preceding license period a building owned or leased by the State or county in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public or an official New York State road test post has been established within 1,500 feet of such drivers' school or branch thereof, the commissioner may upon consideration of all of the circumstances, including but not limited to the relative location and a reasonable distance, less than 1,500 feet, of such building or road test post and the obligations of any lease of the premises occupied by such drivers' school or branch, waive the requirements of paragraphs (1) and (2) of this subdivision or give such drivers' school, in conjunction with the issuance of such renewal license, a reasonable time to relocate.

(d) No original license will be issued on or after the effective date of this Part for conducting a drivers' school in a city having a population of 250,000 or more unless the place of business is located in either:

(1) a portion of a building;

(2) a store; or

(3) an office devoted exclusively to nonresidential use, except if, through no fault of his own, the licensee is forced to leave his place of business, he shall have three months to relocate at another fixed location and during this interim period he may locate temporarily in quarters which will serve as a place of business upon the approval of the commissioner even though such temporary place of business may not conform to the requirements of this Part. If a portion of a building, store or office devoted to nonresidential use is required, such facilities must be open to the public for service at definite stated hours. The hours during which such facilities are open to the public for service must be listed with the commissioner and prominently displayed on the front door or front window of the drivers' school. Such facilities shall be manned by personnel whose names and addresses must be on file with the commissioner. If the facilities are shared with another business and are not reasonably free from other visible and/or audible activities, there must be a permanent wall or partition separating the two. The premises must be located in a well lighted, easily accessible permanent structure and maintained in a neat, businesslike manner with adequate seating space and furniture provided for the use of the students patronizing the school.

(e) No license shall be issued for conducting a drivers' school where the place of business is conducted from a house trailer, tent, temporary stand, temporary address, a residence room or residence rooms in a hotel, a bar or grill, billiard hall, gasoline station, garage, through the exclusive facilities of a telephone answering service, or from any other location which in the discretion of the commissioner is not considered to be a suitable facility for the conducting of a drivers' school. A telephone answering service can only be used as an adjunct to a school conducting its business at regularly licensed premises. In the case of a drivers' school dealing exclusively in motorcycle instruction, the place of business may be in a bona fide motorcycle dealer's headquarters, but not in the repair service area, provided that all other provisions of this Part are complied with.

(f) No application, including an application for change of location, will be approved unless the place of business has adequate office space, a minimum of 50 square feet. If classroom facilities are combined with office space, such total space must be at least 200 square feet. Maximum capacity will be calculated on the basis of 150 square feet for the first 10 or fewer students and 15 square feet for each additional student, with no more than 36 students in any class.

(g) No drivers' school may change its location without prior permission from the commissioner.

(h) No original license will be issued unless there shall be presented therewith evidence of the ownership by the applicant of the premises at which the business of the drivers' school is to be conducted or of a lease or rental agreement with the applicant covering the use of such premises for such business.

(i) No original license will be issued on or after the effective date of this Part unless the applicant or at least one instructor employed by the applicant currently has an MV-524 endorsed for vehicular instruction, has given at least 1,000 hours of behind-the-wheel instruction, and possesses a current valid driver's license. If any applicant or instructor employed by such applicant does not possess such 1,000 hours of behind-the-wheel instruction, he may apply to the commissioner for a waiver. For schools teaching motorcycle operation only a valid certificate of instructor training issued by the Motorcycle Safety Foundation, or any other form of instructor training approved by the commissioner, shall be deemed adequate minimal certification for the applicant or any instructor employed by the applicant.

(j) Licenses are not transferable.

(1) In the event of any change of ownership or interest in a business licensed as a sole proprietorship or partnership which enlarges or brings new persons into the business, a new application for a license must be filed immediately. Such application shall be considered as an application for renewal so long as one or more of the original licensees remains a part owner of the business.

(2) In the event of a change through a death or dissolution of a partnership and there is no replacement made, the remaining partner or partners may, upon notifying the driver’s school unit in the central office of the Department of Motor Vehicles, Albany, New York, continue in business under the current license. If a new partner or partners are subsequently added, the provisions of paragraph (1) of this subdivision shall apply.

(3) The driver’s school unit in the central office of the Department of Motor Vehicles, Albany, New York must be notified immediately in the event that arrangements are made for the disposal of the business or the controlling interests therein, by sale or transfer of shares or otherwise, to any person or persons not named in the application for the last current license or renewal license of the business as the owner or co-owner or a controlling shareholder or managing member thereof. The commissioner in a proper case may permit continuance of the business by the current licensee, pending processing of the application made by the person or persons to whom the business or any such license therein is to be transferred. Such application by the transferee of such business or interest therein shall be considered as an original application for license and shall comply with all of the provisions of these regulations regarding the application for and issuance of an original license.

(4) Upon the issuance of the new license, the prior license, together with all instructors' certificates issued thereunder will become void and must be immediately surrendered to the driver’s school unit in the central office of the Department of Motor Vehicles, Albany, New York. With such surrender of license, there shall also be filed a notice on form MV-526 signed by the school manager for each and every instructor whose certificate is so voided, setting forth the name, address and certificate number of such instructor and the total amount of logged time rendered by such instructor in behind-the-wheel instruction for the account of the school.

(k) If the license is lost or destroyed, a duplicate will be issued by the driver’s school unit in the central office of the Department of Motor Vehicles, Albany, New York upon proof of the facts and payment of the fee of $2. Such proof shall consist of an affidavit indicating:

(1) date the license was lost or destroyed; and

(2) the circumstances involving the loss or destruction.

(l) In case of mutilation of a license, a duplicate will be issued by the driver’s school unit in the central office of the Department of Motor Vehicles, Albany, New York upon surrender of such mutilated license and the payment of a fee of $2.

(m) In order to ensure continuity of licenses, a renewal application must be submitted not more than 60 days but at least 30 days prior to the date of expiration of the license being renewed. Failure to file a renewal application within the period specified herein may result in a delay in the issuance of the renewal license, and a period of time in which the applicant would be unlicensed. Applications for renewal of driving school licenses may be submitted for review up to six months after the expiration of the last license issued. However, no renewal application will be accepted more than six months after the expiration date of the expiring license. A driving school must have a valid license at the time that any services are provided or business is transacted.

(n) A license may be surrendered for cancellation, or deposited for safekeeping, at the driver’s school unit in the central office of the Department of Motor Vehicles, Albany, New York issuing the license or other location as specified by the commissioner. In all such cases the licensee is required to state in writing the reason for such surrender or deposit.