§ 394. Drivers' schools. 1. Definitions. As used in this section:\n (a) "Drivers' school" means the business of giving instruction for\nhire in driving motor vehicles or motorcycles.\n (b) "Person" includes an individual, firm, corporation, partnership,\njoint venture, joint adventurer or association.\n (c) "Place of business" means a designated location at which the\nbusiness of a drivers' school is transacted and its records kept.\n 2. License. No person shall engage in the business of conducting a\ndrivers' school without being the holder of a license for such purpose\nissued by the commissioner. An application for license under this\nsection shall be filed with the commissioner and shall contain such\ninformation as he shall prescribe. Every such application shall be\naccompanied by an application fee of fifty dollars, which shall in no\nevent be refunded. If an application is approved by the commissioner,\nthe applicant upon the payment of an additional fee of five dollars for\neach month or fraction thereof from the date of issuance to the date of\nexpiration prescribed by the commissioner, but in no event more than a\ntotal of fifty dollars, shall be granted a license which shall be valid\nuntil such date of expiration. The annual fee for renewal thereof shall\nbe fifty dollars. Upon renewal, the commissioner may in his discretion\nissue a license which shall be valid for up to a two-year period. The\nfee for a two-year renewal shall be one hundred dollars. Fees for\nrenewal of a license valid for a period of less than two years shall be\nprorated on a quarterly basis and any portion of a quarter shall be\nconsidered a quarter. The commissioner shall issue a license certificate\nto each licensee, which certificate shall be conspicuously displayed in\nthe place of business of the licensee. In case of the loss, mutilation\nor destruction of a license certificate, the commissioner shall issue a\nduplicate thereof upon proof of the facts and payment of a fee of two\ndollars.\n 3. Place of business. (a) No license shall be issued, nor shall any\nrenewal of a license be made, for conducting a drivers' school in a city\nhaving a population of two hundred fifty thousand or more according to\nthe latest federal census, unless the place of business of such school\nis located in a store, office or portion of a building devoted\nexclusively to nonresidential use.\n (b) No license shall be issued, nor shall any renewal of a license be\nmade for conducting a drivers' school in a city having a population of\nfifty thousand or more according to the latest federal census, if the\nplace of business of such school or branch thereof, is within fifteen\nhundred feet of a building owned or leased by the state, the county or a\ncity, in which motor vehicle registrations or licenses to drive motor\nvehicles are issued to the public. The said distance of fifteen hundred\nfeet shall be measured along the public streets by the nearest route\nfrom such place of business, or branch thereof, to such building.\n 4. Refusal to issue a license. The commissioner may deny the\napplication of any person for a license, if, in his discretion, he\ndetermines that:\n (a) Such applicant has made a material false statement or concealed a\nmaterial fact in connection with his application;\n (b) Such applicant, any officer, director, stockholder or partner, or\nany other person directly or indirectly interested in the business was\nthe former holder, or was an officer, director, stockholder or partner,\nin a corporation or partnership which was the former holder of a\ndrivers' school license which was revoked or suspended by the\ncommissioner;\n (c) Such applicant or any officer, director, stockholder, partner,\nemployee, or any other person directly or indirectly interested in the\nbusiness has been convicted of a felony, or of any crime involving\nviolence, dishonesty, deceit, indecency, degeneracy or moral turpitude;\n (d) Such applicant has failed
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