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a. It shall be unlawful for any person to be an employee or a principal working in a wholesale business or market business in a market unless such person has obtained a photo identification card issued by the commissioner pursuant to the provisions of this chapter or for a person to work on an occasional basis in a market unless such person has obtained a day pass issued by the commissioner. The commissioner shall set forth by rule the number of occasions within a specified time period that shall constitute occasional work to meet unanticipated needs of businesses in the market and shall make reasonable provision to delegate authority for the issuance of day passes on a twenty-four hour basis to persons hired to work by wholesalers and market businesses on an occasional basis. A photo identification card shall be in the possession of an employee or principal at all times when such person is in the market and shall be produced upon demand by an authorized employee or agent of the department, the department of investigation or the police department. The commissioner shall make provision for temporary photo identification cards to be issued pending the processing of applications for permanent photo identification cards and for the expedited issuance of photo identification cards to family members of principals of a wholesaler or market business and others who work on a seasonal basis. A temporary identification card shall cease to be valid, and shall be returned to the department, upon the refusal to issue a photo identification card pursuant to subdivision d of this section or denial of registration to the business in which the person applying for such identification card is a principal or is employed.
b. A photo identification card shall identify the business of which the individual is a principal or by which he or she is employed and shall be non-transferrable. Upon a change in employment within a market, an individual shall inform the department and the department shall issue a photo identification card reflecting such changed employment.
c. An application for a photo identification card shall be submitted on a form prescribed by the commissioner and shall contain such information as the commissioner shall determine is necessary to establish the identity and background of the applicant. A person required by this chapter to possess a photo identification card shall inform the commissioner of any subsequent material change in the information provided on such application, including but not limited to arrests and/or criminal convictions.
d. Notwithstanding any other provision of this section, where the commissioner has reasonable cause to believe that an applicant for a photo identification card lacks good character, honesty and integrity, the commissioner may require that such applicant be fingerprinted and provide to the commissioner the information set forth in subdivision a of section 22-259 of this chapter. The commissioner may thereafter, after notice and opportunity to be heard, refuse to issue a photo identification card for the reasons set forth in subdivision b of such section.
e. If at any time subsequent to the issuance of a photo identification card, the commissioner has reasonable cause to believe that the holder thereof does not possess good character, honesty and integrity, the commissioner may require such person to be fingerprinted and to provide the background information required by subdivision a of section 22-259 of this chapter and may, after notice and opportunity to be heard, revoke such photo identification card for the reasons set forth in subdivision b of such section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
a. No person shall conduct a wholesale business or a market business in a public wholesale market unless such person has registered such business with the commissioner and has obtained a registration number for such business from the commissioner. Application for such registration shall be made upon a form prescribed by the commissioner containing such information as the commissioner shall determine appropriately identifies and demonstrates the fitness of the wholesale business or market business. A registration number shall not be transferable. A person conducting a wholesale business or a market business shall not sublease or assign to another person any portion of any premises in the market occupied or utilized by such business unless such proposed sublessee or assignee has registered with and obtained a registration number from the commissioner. The commissioner shall establish by rule a procedure for the preliminary review of registration applications for businesses not previously operating in a market that are considering the purchase of a wholesale business or a market business, and for the expedited completion of registration review upon entry into a purchase and sale agreement. A business required to register pursuant to this section shall inform the commissioner of any change in the ownership composition of the business, the arrest or criminal conviction of any principal of the business, or any other material change in the information submitted on the application for registration within thirty calendar days thereof.
b. (i) Notwithstanding any provision of this chapter, the commissioner may, when there is reasonable cause to believe that any or all of the principals of an applicant for registration lack(s) good character, honesty and integrity, require that such principal(s) be fingerprinted and provide to the commissioner the information set forth in subdivision a of section 22-259 of this chapter, and may, after notice and the opportunity to be heard, refuse to register such applicant for the reasons set forth in subdivision b of such section.
(ii) If at any time subsequent to the registration of a wholesale business or market business, the commissioner has reasonable cause to believe that any or all of the principals of such wholesale business or market business do not possess good character, honesty and integrity, the commissioner may require that such principal(s) be fingerprinted and provide the background information required by subdivision a of section 22-259 of this chapter and may, after notice and the opportunity to be heard, revoke the registration of such wholesale business or market business for the reasons set forth in subdivision b of such section.
(iii) At any time subsequent to the conduct of an investigation of an applicant for registration or a registrant pursuant to paragraph (i) or paragraph (ii) of this subdivision that has produced adverse information, the commissioner may require as a condition of issuance or the continuance of a registration that the wholesale business or market business enter into a contract with an independent auditor approved or selected by the commissioner. Such contract, the cost of which shall be paid by the registrant, shall provide that the auditor investigate the activities of the wholesale business or market business with respect to compliance with the provisions of this chapter, other applicable federal, state and local laws and such other matters as the commissioner shall determine. The contract shall provide further that the auditor report the findings of such monitoring and investigation in a manner to be prescribed by the commissioner to the commissioner on a periodic basis.
(iv) A wholesale business or market business shall provide the commissioner with notice of at least ten business days of the proposed addition of a new principal to such business and shall provide the commissioner with such information concerning such proposed principal as is set forth in the rules promulgated by the commissioner pursuant to section 22-266 of this chapter. The commissioner may waive or shorten such period upon a showing that there exists a bona fide business requirement therefor. Except where the commissioner determines within such period, based on information available to him or her, that the addition of such new principal may have a result inimical to the purposes of this chapter, such wholesaler or market business may add such new principal pending the completion of review by the commissioner. Such wholesale business or market business shall be afforded an opportunity to demonstrate to the commissioner that the addition of such new principal pending completion of such review would not have a result inimical to the purposes of this chapter. If the commissioner determines, following completion of such review, that such principal lacks good character, honesty and integrity, the registration shall cease to be valid if the commissioner determines that such principal has failed to divest his or her interest, or to discontinue his or her involvement in the business of such business or both, as the case may be, within the time period prescribed by the commissioner.
c. The department shall maintain and publish a list of all wholesalers and market businesses that are registered with the commissioner together with the registration numbers of such wholesalers and market businesses. The department shall make such list available to suppliers, shippers, truckers and any member of the public who requests it and shall, upon request, verify to suppliers, shippers and truckers whether a business is currently registered with the commissioner.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
The commissioner shall establish by rule measures governing the conduct of wholesale businesses and market businesses in the public wholesale markets, including but not limited to:
(i) requirements that wholesale businesses maintain and supply their registration numbers to suppliers, and shippers and truckers;
(ii) requirements for the disposal of waste and other sanitary measures;
(iii) appropriate insurance and bonding requirements;
(iv) provisions requiring the maintenance of financial statements, records, ledgers, receipts, bills and such other written records as the commissioner determines are necessary or useful for carrying out the purposes of this chapter. Such records shall be maintained for a period of time not to exceed five years to be determined by rule by the commissioner, provided, however, that such rule may provide that the commissioner may, in specific instances at his or her discretion, require that records be maintained for a period of time exceeding such five years. Such records shall be made available for inspection and audit at the request of the commissioner at either the registrant's place of business or at the offices of the department; and
(v) such other rules as he or she deems necessary or appropriate to effectuate the provisions of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
The department or a designee of the department shall be authorized to issue a visitor pass as a requirement for any person to enter a public wholesale market including but not limited to: retailers who enter the market to purchase products and their employees and temporary employees; and, subject to the provisions of section 22-264 of this chapter, officers and business agents of labor unions or organizations covered by such section and officers and business agents of the affiliates thereof, including international unions, pension and welfare funds and others. Such pass shall be in a form prescribed by the commissioner, may contain a photograph of such person and shall indicate the reason the person is visiting the market, whether such person visits the market on a regular basis or, in the event that such person does not regularly visit the market, the date for which such pass shall be valid. The commissioner may provide for the issuance of permanent visitor passes to those persons who regularly visit a market, and shall provide for the expeditious issuance of passes at the market entrance to persons wishing to enter the market on a single or occasional basis. A pass shall be in the possession of such person at all times when such person is in the market and shall be worn and visible in compliance with rules promulgated by the commissioner pursuant to section 22-266 of this chapter. The department or, at the direction of the department, a designee of the department, shall be authorized to deny a visitor pass and entry into a market to any person whose presence may constitute a threat to the orderly operation of a market or who has failed to provide the identifying information required by the commissioner or the designee of the commissioner. The provisions of this section shall not apply to any public wholesale market to which access by the public has routinely been permitted without control, restriction or other regulation for no less than a year directly preceding the effective date of this provision; provided, however, that the commissioner may apply such provisions upon a determination that an emergency exists that necessitates the temporary restriction of access to such a market. For the purposes of this section, a "designee of the department" shall mean an agency of the city or, in the discretion of the commissioner, a wholesaler cooperative or similar organization. Nothing in this section shall be construed to permit the denial of a visitor pass to a representative of a labor union or labor organization solely because such person seeks to engage in the lawful exercise within a public wholesale market of an activity protected under the provisions of the National Labor Relations Act, 29 U.S.C. § 141, et seq., including, but not limited to, the lawful picketing of a place of business of a wholesale business or market business in connection with a legitimate labor dispute, except as may otherwise be prohibited by law. However, such person shall not impede any reasonable measure undertaken by a police officer or authorized employee of the department intended to control vehicle and pedestrian traffic within such public wholesale market or upon any street, avenue, parkway, plaza, square or other public place designated as a public market. The commissioner shall consult with the commissioner of labor relations prior to reaching any determination that an activity be a representative of a labor union or organization is not lawful under the National Labor Relations Act.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
The commissioner shall by rule establish fees for photo identification cards, for registration and the renewal of registration, and for visitor passes issued pursuant to this chapter in amounts sufficient to compensate the city for the administrative expense of issuance of such photo identification cards, of registration and the inspections and other activities related thereto, and of issuance of visitor passes. Such rule may provide that a designee of the department perform administrative functions related to the issuance of photo identification cards or the issuance of visitor passes and that such designee may, with the approval of the commissioner, impose a fee for the performance of such functions. For the purposes of this section "designee of the department" shall mean an agency of the city or, in the discretion of the commissioner, a wholesaler cooperative or similar organization. Registration pursuant to this chapter shall be valid for three years. A wholesale business or a market business shall be responsible for the payment of any fee imposed by this section with respect to an employee of such business or any person seeking to become an employee of such business.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
a. A wholesale business or market business required by this chapter to be registered with the commissioner shall be liable for a violation committed by any of its officers, employees and/or agents acting within the scope of their employment of any of the provisions of this chapter or any rules promulgated pursuant thereto.
b. In any civil action or administrative proceeding against an employee of a wholesale business or market business for a violation of this chapter or any rules promulgated pursuant thereto, it shall be an affirmative defense that the employee was acting within the scope of his or her employment when the action or actions constituting the alleged violation were committed and that such action or actions were committed pursuant to an instruction given to such employee by such wholesale business or market business or by any principal, officer or agent of such business, provided, however, that this subdivision shall not be applicable to a violation of section 22-252 or section 22-262 of this chapter and any rules promulgated pursuant thereto.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
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