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An applicant shall be considered a successor to a predecessor car wash upon a finding that such applicant satisfies two or more of the following criteria:
1. the applicant uses the same facility, facilities or workforce to offer substantially the same services as the predecessor car wash;
2. the applicant shared in the ownership, or otherwise exercised control over, the management of the predecessor car wash;
3. the applicant employs in a managerial capacity any person who controlled the wages, hours, or working conditions of the affected employees of the predecessor car wash; or
4. the applicant is an immediate family member, including a parent, step-parent, child, or step, foster or adopted child, of any owner, partner, officer, or director of the predecessor car wash, or of any person who had a financial interest in the predecessor car wash.
(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.
Each licensee under this subchapter shall maintain a log documenting complaints of damage to vehicles in an electronic format to be designated by the commissioner. Each such log entry shall include a detailed description of such damage, and the amount of compensation, if any, that the customer received for such damage. Such records shall be kept for a period of at least three years and shall be made available to the department upon request. Each such licensee shall also maintain the records described in subdivision b of section 24-529 of this code for at least three years and shall make such records available to the department and the department of environmental protection upon request.
(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. 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, after due notice and an opportunity to be heard, may suspend or revoke a license issued pursuant to section 20-541 of this subchapter upon the occurrence of any one or more of the following conditions:
1. Fraud, misrepresentation or false statements contained in the application for the license;
2. A final determination of liability concerning a violation of any of the provisions of this subchapter;
3. A final determination 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;
4. Failure to answer a summons, notice of violation or subpoena, appear for a hearing, or satisfy a 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
5. Failure to submit records described in section 20-544 for inspection by the department.
b. 1. Any individual or business entity operating a car wash without a valid license issued by the commissioner shall be liable for a civil penalty recoverable in a proceeding before the office of administrative trials and hearings pursuant to section 1048 of the charter. Such penalties shall be in the amount of $100 per day for every calendar day during which the unlicensed car wash operated.
2. Any individual or business entity operating a mobile car wash without a valid license issued by the commissioner shall be liable for a civil penalty recoverable in a proceeding before the office of administrative trials and hearings pursuant to section 1048 of the charter. Such penalties shall be in the amount of $100 per day for every calendar day during which the unlicensed mobile car wash operated. Any authorized officer or employee of the department of sanitation shall have the power to enforce this paragraph or any rule promulgated pursuant to this paragraph.
c. An applicant who knowingly submits false information to the commissioner as part of an application for a license pursuant to section 20-541 of this subchapter or in response to any other request for information shall be liable for a civil penalty of up to one thousand dollars in addition to any other civil or criminal penalties that may be applicable under this code or any other law, rule or regulation.
d.* Notwithstanding any other section of this title, a person shall be subject to a civil penalty of zero dollars for a first violation of section 20-544 of this subchapter or any rule promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes other than being the basis for the suspension or revocation of a license pursuant to subdivision a of this section. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of section 20-544 of this subchapter or any rule promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department’s administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
d.* In addition to any other penalty imposed by any other provision of law or rule promulgated thereunder, whenever any owner or operator of a mobile car wash has engaged in any acts or practices that constitute a violation of subdivision 4 or 6 of section 16-118 or paragraph 1 of subdivision b of section 15-205 and any authorized officer or employee of the department of sanitation has served upon such owner or operator a notice of violation of such subdivision or such paragraph, such officer or employee may remove, tow, or seize any vehicle or equipment used to operate such mobile car wash. Any vehicle or equipment seized pursuant to this subdivision shall be delivered into the custody of the department of sanitation or other appropriate agency.
* Editor's note: there are two subsections designated as d.
1. The office of administrative trials and hearings shall hold a hearing to adjudicate the violation of subdivision 4 or 6 of section 16-118 or paragraph 1 of subdivision b of section 15-205 upon the request of such owner or operator within 2 business days after such request, and shall render a determination within 2 business days after the conclusion of the hearing.
2. Where the office of administrative trials and hearings conducts an adjudication as required by paragraph 1 of this subdivision, and finds that such violation has not occurred, the agency having custody of the vehicle or equipment used to operate such mobile car wash shall, upon written demand of the owner of such vehicle or equipment, promptly release such vehicle or equipment to such owner.
e. Where the office of administrative trials and hearings conducts an adjudication as required by paragraph 1 of subdivision d of this section, and finds that such violation has occurred, the agency having custody of the vehicle or equipment seized shall proceed as follows:
1. if the vehicle or equipment is not subject to forfeiture pursuant to paragraph 1 of subdivision g of this section, the agency shall release such vehicle or equipment to the owner of such vehicle or equipment upon payment of all applicable civil penalties and all reasonable costs of removal and storage; or
2. if the vehicle or equipment are subject to forfeiture pursuant to paragraph 1 of subdivision g of this section, the agency having custody of the vehicle or equipment seized may release such vehicle or equipment to the owner of such mobile car wash upon payment of all civil penalties and all reasonable costs of removal and storage, or may commence a forfeiture action within 10 days after the written demand by such owner for such vehicle or equipment.
f. The department of sanitation shall establish by rule the time within which vehicle or equipment that are not redeemed may be deemed abandoned and the procedures for disposal.
g. 1. In addition to any other penalty or sanction provided for in this section, any vehicle or equipment seized pursuant to subdivision d of this section, and all rights, title, and interest therein shall be subject to forfeiture to the city upon notice and judicial determination thereof if the owner of such vehicle or equipment has been found liable at least 2 times within a 3 year period for having violated subdivision 4 or 6 of section 16-118 or paragraph 1 of subdivision b of section 15-205.
2. A forfeiture action pursuant to this subdivision shall be commenced by the filing of a summons with a notice or a summons and complaint in accordance with the civil practice law and rules. Such summons with notice or a summons and complaint shall be served in accordance with the civil practice law and rules on the individual or business entity that owns such vehicle or equipment used to operate such mobile car wash, and on any person listed on an application or other record of the department of consumer and worker protection as an owner of such mobile car wash. Vehicle or equipment which are the subject of such action shall remain in the custody of the department of sanitation or other appropriate agency pending the final determination of the forfeiture action.
3. Any person who receives notice of the institution of a forfeiture action who claims an interest in the vehicle or equipment subject to forfeiture may assert a claim in such action for the recovery of the vehicle or equipment or satisfaction of such owner’s interest in such vehicle or equipment.
4. Forfeiture pursuant to this subdivision shall be made subject to the interest of a person who claims an interest in such vehicle or equipment pursuant to paragraph 3 of this subdivision, where such person establishes that: (i) such mobile car wash was operated in violation of subdivision 4 or 6 of section 16-118 or paragraph 1 of subdivision b of section 15-205 without the knowledge of such person, or if such person had knowledge of such operation, that such person did not consent to such operation by doing all that could reasonably have been done to prevent such operation; or (ii) that the operation of such mobile car wash in violation of subdivision 4 or 6 of section 16-118 or paragraph 1 of subdivision b of section 15-205 was conducted by any person other than such person claiming an interest in the vehicle or equipment used to operate such mobile car wash, while such vehicle or equipment was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.
5. The department of sanitation or other agency having custody of the vehicle or equipment, after judicial determination of forfeiture, shall, by public notice of at least 5 days, sell such forfeited vehicle or equipment at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.
6. In any forfeiture action commenced pursuant to this subdivision, where the court awards a sum of money to 1 or more persons in satisfaction of such person’s interest in the forfeited vehicle or equipment, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle or equipment after deduction of the lawful expenses incurred by the city, including reasonable costs of removal and storage of the vehicle or equipment between the time of the seizure and the date of sale.
(L.L. 2015/062, 6/29/2015, eff. 12/26/2015; Am. L.L. 2023/151, 11/17/2023, eff. 5/15/2024; Am. L.L. 2024/032, 1/20/2024, eff. 8/15/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062 and L.L. 2024/032.
The commissioner may make and promulgate such rules as are necessary to carry out the provisions 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.
Subchapter 34: Ticket Sellers
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