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For purposes of this subchapter:
Applicant. The term "applicant" means any individual, partnership, corporation, limited liability company, joint venture, association or other business entity that seeks a license or renewal of a license to engage in the operation of a car wash.
Car wash. The term "car wash" means any individual, partnership, corporation, limited liability company, joint venture, association, or other business entity that engages in the cleaning of vehicles, including washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles. "Car wash" includes a mobile car wash. “Car wash” shall not include:
1. any business entity that is engaged in selling, leasing, renting or repairing motor vehicles, where car washing is ancillary to the primary business of such entity;
2. any self-service facility for washing vehicles, where the facility's employees do not provide assistance to customers in the cleaning of vehicles, such as washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles, including businesses such as convenience stores, gas stations and oil change facilities, where car washing is ancillary to the primary business of the facility;
3. any person that engages in the cleaning of vehicles on an intermittent basis to raise funds for a not-for-profit organization; or
4. any federal, state or local governmental agency.
Collective bargaining representative. The term "collective bargaining representative" means a bona fide labor organization that is the recognized or certified exclusive bargaining representative of the employees of an employer under applicable law. The commissioner may request documentation as proof that the employer's employees have a collective bargaining representative.
Licensee. The term "licensee" means any individual, partnership, corporation, limited liability company, joint venture, association or other business entity that is currently licensed by the commissioner to engage in the operation of a car wash.
Mobile car wash. The term “mobile car wash” means any individual or business entity that engages in the cleaning of vehicles, including washing, detailing, drying, polishing, vacuuming, or otherwise providing cosmetic care to vehicles at a place other than a fixed business address.
(L.L. 2015/062, 6/29/2015, eff. 12/26/2015; Am. L.L. 2024/032, 1/20/2024, eff. 1/20/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062 and L.L. 2024/032.
a. It shall be unlawful for any car wash to operate without a license.
b. All licenses issued pursuant to this subchapter shall be valid for two years.
c. Each applicant applying for a car wash license or renewal thereof shall file an application in such form and detail as the commissioner shall prescribe and shall pay a fee of five hundred fifty dollars for each location where such applicant's car wash operates.
d. In addition to an applicant's name, address, corporate structure and ownership, and other information as the commissioner may require, an applicant for a license required by this subchapter shall furnish the following information:
1. A signed statement certifying compliance with all applicable laws, regulations and rules including:
i. that the applicant is in compliance with the New York city plumbing code section PC 1003 and any rules promulgated by the commissioner of buildings or the commissioner of environmental protection, regarding the applicant's oil/water separator system, sand interceptor, and/or backflow prevention devices, if any such equipment or devices are required for the operation of such car wash;
ii. that the applicant is in compliance with section 24-334 of this code;
iii. that the applicant has received any necessary permits from the department of health and mental hygiene to use non-potable ground water; and
iv. that the applicant has complied with subdivision b of section 24-529 of this code;
2. Written proof of compliance with the surety bond requirement as described in section 20-542 of this subchapter;
3. Signed certification by the applicant that there are no outstanding final judgments or warrants against the applicant in any action arising out of a violation of this subchapter or any rules promulgated thereunder;
4. Certificates of insurance for workers' compensation, unemployment insurance and disability insurance coverage; and
5. Original or true copies of liability insurance policies or certificates of insurance for liability insurance carried by the applicant.
e. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or chapter one of this title or any rules promulgated thereunder, the commissioner may deny issuance or renewal of a license upon a finding that:
1. the applicant has failed to satisfy any fine or civil penalty ordered against such applicant in a judicial or administrative proceeding arising out of a violation of this subchapter or any rules promulgated thereunder;
2. an entity to which the applicant is a successor, as such term is described in section 20-543 of this subchapter, has failed to satisfy any fine or civil penalty ordered against such entity in a judicial or administrative proceeding arising out of a violation of this subchapter or any rules promulgated thereunder; or
3. the applicant lacks good moral character. In making such determination, the commissioner may consider, but is not limited to, any of the following factors:
i. failure by such applicant to provide truthful information or documentation in connection with the application or other request for information;
ii. final determinations of liability in a civil, criminal or administrative action involving egregious or repeated nonpayment or underpayment of wages or other illegal acts or omissions bearing a direct relationship to the fitness of the applicant to conduct the business for which the license is sought; except that the commissioner shall take into account mitigating factors including (A) the passage of time since such findings of liability or other illegal acts or omissions at issue, (B) the severity of such findings of liability or other illegal acts or omissions, (C) whether any such findings or other illegal acts or omissions were resolved or are still pending, and (D) any change in circumstance that might reduce the likelihood of such findings or other illegal acts or omissions recurring during the period of licensure, including the fact that such findings or other illegal acts or omissions at issue took place prior to the effective date of this subchapter;
iii. a prior revocation by the commissioner of a car wash license held by the applicant or licensee; or
iv. a finding that within the last ten years an entity to which the applicant is a successor, as such term is described in section 20-543 of this subchapter, has been denied the issuance or renewal of a license pursuant to this subdivision or has had a license revoked pursuant to section 20-545 of this subchapter.
(L.L. 2015/062, 6/29/2015, eff. 12/26/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062.
a. Except as provided in subdivision b of this section, prior to the issuance or renewal of a car wash license, each applicant shall furnish to the commissioner a surety bond in the sum of one hundred fifty thousand dollars, payable to the city of New York and approved as to form by the commissioner.
b. Prior to the issuance or renewal of a car wash license, an applicant described in paragraph one or two of this subdivision shall furnish to the commissioner a surety bond in the sum of thirty thousand dollars, payable to the city of New York and approved as to form by the commissioner.
1. The applicant is a party to a current and bona fide collective bargaining agreement, with a collective bargaining representative of its employees, that expressly provides for the timely payment of wages and an expeditious process to resolve disputes concerning nonpayment or underpayment of wages.
2. The applicant is covered by an active monitoring agreement pursuant to a settlement supervised by the office of the attorney general of the United States or the state of New York, or the department of labor of the United States or the state of New York, or other government agency with jurisdiction over wage payment issues, on the condition that such monitoring agreement:
i. expressly provides for the timely payment of wages at or above the applicable minimum wage rate;
ii. requires that the employer be subjected to at least monthly monitoring by an independent monitor appointed; and
iii. provides for an expeditious process to resolve disputes concerning wage violations without the expense of litigation, including reasonable mechanisms to secure the assets necessary to cover any judgment or arbitration award.
c. The surety bond required by subdivisions a and b of this section shall be conditioned upon the applicant's compliance with the provisions of this subchapter and any rules promulgated thereunder, and upon the further condition that the applicant shall pay or satisfy:
1. any fine, penalty or other obligation to the city within thirty days of the imposition of such fine, penalty or obligation;
2. any final judgment recovered by any person who received car wash services from a licensee thereunder and was damaged thereby within thirty days of such judgment; and
3. any final judgment recovered by any employee of the licensee for nonpayment or underpayment of wages within thirty days of such judgment.
(L.L. 2015/062, 6/29/2015, eff. 12/26/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062.
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