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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.
a. Except as otherwise provided in subdivision b of this section, any person who violates any provision of this chapter or any of the rules promulgated hereto shall be liable for a civil penalty which shall not exceed ten thousand dollars for each such violation. Such civil penalty may be recovered in a civil action or in a proceeding before the environmental control board or other administrative tribunal of competent jurisdiction.
b. (i) Any person who violates the requirement to obtain a photo identification card or to register a business contained in section 22-252 or section 22-253 of this chapter or who violates section 22-262 of this chapter shall, upon conviction thereof, be subject to a criminal fine for each violation of not more than ten thousand dollars for each day of such violation or by imprisonment not exceeding six months, or both; and any such person shall be subject to a civil penalty of not more than five thousand dollars for each day of such violation to be recovered in a civil action or proceeding before the environmental control board or other administrative tribunal of competent jurisdiction.
(ii) The corporation counsel is authorized to commence a civil action on behalf of the city for injunctive relief to restrain or enjoin any violation of this chapter and for civil penalties.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
a. Where the commissioner has reasonable cause to believe that an applicant for registration pursuant to section 22-253 of this chapter or an applicant for a photo identification card lacks good character, honesty and integrity, the commissioner may require that such applicant shall:
(i) be fingerprinted by a person designated for such purpose by the commissioner or the department of investigation and a fee shall be paid which shall be submitted to the division of criminal justice services and/or the federal bureau of investigation for the purposes of obtaining criminal history records;
(ii) provide to the commissioner, upon a form prescribed by the commissioner and subject to such minimum dollar thresholds and other reporting limitations as the commissioner may establish by rule therein any of the following items that the commissioner determines are necessary and appropriate to evaluate the application of such applicant for registration or the application of such person for a photo identification card, including but not limited to:
(a) a listing of the names and addresses of any persons having a beneficial interest in the applicant for registration, the amount and nature of such interest and the acquisition cost;
(b) a listing of the names and addresses of all officers, directors, partners and stockholders holding more than ten percent of the outstanding shares of the business, and of the names and addresses of any manager or other person who has policy or financial decision-making authority in the business of an applicant for registration;
(c) a listing of the amounts in which such applicant is indebted, including mortgages on real property, and the names and addresses of all persons to whom such debts are owed;
(d) a listing of such applicant's real property holdings or mortgage or other interest in real property held by such applicant other than a primary residence and the names and addresses of all co-owners of such interest;
(e) a listing of mortgages, loans, and instruments of indebtedness held by such applicant, the amount of such debt, and the names and addresses of all such debtors;
(f) the name and address of any business in which such applicant holds an equity or debt interest, excluding any interest in publicly traded stocks or bonds;
(g) the names and addresses of all persons or entities from whom such applicant has received gifts valued at more than one thousand dollars in any of the past three years, and the names of all persons or entities excluding any organization recognized by the Internal Revenue Service under section 501(c)(3) of the Internal Revenue Code to whom such applicant has given such gifts in any of the past three years;
(h) a listing of all criminal convictions, in any jurisdiction, of the applicant;
(i) a listing of all pending civil or criminal actions to which such applicant is a party;
(j) a listing of any determination by a federal, state or city regulatory agency of a violation by such applicant of laws or regulations relating to the conduct of the applicant's business;
(k) a listing of any criminal or civil investigation by a federal, state, or local prosecutorial agency, investigative agency or regulatory agency of which the applicant has or should have knowledge, in the five year period preceding the application, wherein such applicant has:
(A) been the subject of such investigation, or
(B) received a subpoena requiring the production of documents or information in connection with such investigation;
(l) where applicable, a certification that the applicant has paid all federal, state, and local income taxes related to the applicant's business for which the applicant is responsible for the three tax years preceding the date of the application or documentation that the applicant is contesting such taxes in a pending judicial or administrative proceeding;
(m) a statement authorizing the department to verify with federal, state and local taxing authorities, to the maximum extent permitted by law, the facts contained in the certification submitted pursuant to subparagraph (l) of this paragraph;
(n) where applicable, the names and addresses of the principals of any predecessor wholesale business or market business of the applicant; and
(o) such additional information concerning good character, honesty and integrity that the commissioner may deem appropriate and reasonable; and
(iii) appear to be interviewed by the department of investigation or the department. The commissioner may require that fees be paid by or on behalf of such applicants to cover the expenses of fingerprinting and background investigations provided for in this subdivision as are set forth in the rules promulgated pursuant to section 22-266 of this code. 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.
b. The commissioner may, after notice and the opportunity to be heard, refuse to register an applicant or issue a photo identification card to a person who lacks good character, honesty and integrity. Such notice shall specify the reasons for such refusal. In making such determination, the commissioner may consider, but not be limited to:
(i) failure by such applicant or person to provide truthful information in connection with the application;
(ii) a pending indictment or criminal action against such applicant or person for a crime which under this subdivision would provide a basis for the refusal of such registration, or a pending civil or administrative action to which such applicant or person is a party and which directly relates to the fitness to conduct the business or perform the work for which the registration or photo identification card is sought, in which cases the commissioner may defer consideration of an application until a decision has been reached by the court or administrative tribunal before which such action is pending;
(iii) conviction of such applicant or person for a crime which, under article 23-A of the correction law, bears a relationship to the fitness of such applicant or person to conduct a business or work in a market;
(iv) commission of a racketeering activity or association with a person who has been convicted for a racketeering activity when the applicant knew or should have known of such activity, including, but not limited to, an offense listed in subdivision one of section nineteen hundred sixty-one of the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C. § 1961, et seq.) or for an offense listed in subdivision one of section 460.10 of the penal law, as such statutes may be amended from time to time, or the equivalent offense under the laws of any other jurisdiction;
(v) association with any member or associate of an organized crime group as identified by a federal, state or city law enforcement or investigative agency when the applicant for registration or photo identification card knew or should have known of the organized crime associations of such person;
(vi) a principal of the applicant was a principal in a predecessor wholesale business or market business where the commissioner would be authorized to deny registration to such predecessor business pursuant to this subdivision; or
(vii) in the case of an applicant business, failure to pay any tax, fine, penalty or fee related to the applicant's business for which liability has been admitted by the person liable therefor, or for which judgment has been entered by a court or administrative tribunal of competent jurisdiction and such judgment has not been stayed. An applicant may submit to the commissioner any material or explanation which such applicant believes demonstrates that information submitted pursuant to this subdivision does not reflect adversely upon the applicant's good character, honesty and integrity.
c. The commissioner may require that an applicant business shall submit such information as the commissioner deems necessary to demonstrate the financial responsibility of such applicant to conduct the activity for which such registration is required, and may refuse to register any applicant who has not, in the commissioner's determination, demonstrated such financial responsibility.
d. The commissioner may refuse to register or to issue a photo identification card to a person when such applicant has knowingly failed to provide the information and/or documentation required by the commissioner pursuant to this chapter or any rules promulgated pursuant thereto or who has otherwise failed to demonstrate eligibility for such registration or photo identification card under this chapter or any rules promulgated pursuant thereto.
e. The commissioner may refuse to register or to issue a photo identification card to a person when such applicant:
(i) was previously issued a registration or a photo identification card under this chapter and such registration or card was revoked or not renewed pursuant to the provisions of this chapter or any rules promulgated hereto; or
(ii) has been determined to have committed any of the acts which would be a basis for the suspension or revocation of registration or a photo identification card pursuant to this chapter or any rules promulgated hereto.
f. For the purposes of this section: "predecessor wholesale business or market business" shall mean a wholesale business or market business in which one or more principals of the applicant were principals in the five year period preceding the application; and, in relation to investigations of employees pursuant to section 22-252 of this chapter, the term "applicant" shall be deemed to apply to employees or agents of an applicant for registration.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
In addition to the penalties provided in section 22-258 of this code, the commissioner may revoke a temporary photo identification card, and after notice and hearing revoke or suspend a registration issued pursuant to section 22-253 of this chapter or a photo identification card when the registrant or its officers, employees or agents or a person to whom such photo identification card has been issued:
(i) has been found to be in violation of this chapter or any rules promulgated pursuant thereto;
(ii) has repeatedly failed to obey lawful orders of representatives of the department;
(iii) in the case of a person who works in the market and holds an office in a labor union or labor organization, or in a wholesale trade association, has failed to obey a commissioner's order of disqualification from holding such office pursuant to subdivision c of section 22-264 or subdivision c of section 22-265 of this chapter;
(iv) has continued to employ a person who has failed to obey a commissioner's order of disqualification from holding office in a labor organization or labor union or a trade association;
(v) has failed to pay any fines or civil penalties imposed pursuant to this chapter or the rules promulgated pursuant hereto;
(vi) has been found in persistent or substantial violation of any city, state or federal laws, rules or regulations regarding the improper handling of food, or any laws prohibiting deceptive, unfair, or unconscionable trade practices;
(vii) has been found by the commissioner, after consideration of the factors set forth in subdivision b of section 22-259 of this chapter to lack good character, honesty and integrity;
(viii) has been found to have made any false statement or any misrepresentation as to a material fact in the application or accompanying papers upon which the issuance or renewal of the registration or photo identification card was based; or
(ix) has failed to notify the commissioner as required by subdivision b of section 22-252 or subdivision a of section 22-253 of this code of any change in the ownership interest of the business or other material change in the information required on the application for such registration or photo identification card, or of the arrest or criminal conviction of the registrant or any of his or her officers, employees or agents of which the registrant had knowledge or should have known. Nothing in this section shall be construed to permit the revocation of a photo identification card of an employee who is a member of a labor union or labor organization solely for the reason that such person has sought 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. The commissioner shall consult with the commissioner of labor relations prior to reaching any determination that an activity by a representative of a labor union or labor 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.
Notwithstanding any other provision of this chapter or rules promulgated thereto, the commissioner may, if he or she has reasonable cause to believe that the operation of any business or the presence of any person in a public wholesale market creates an imminent danger to life or property or to the orderly and lawful operation of the market, or that there has likely been false or fraudulent information submitted in an application made pursuant to this chapter, immediately suspend a registration or a permanent photo identification card without a prior hearing, provided that provision shall be made for an immediate appeal of such suspension to a deputy commissioner of the department who shall determine such appeal forthwith. In the event that the deputy commissioner upholds the suspension, an opportunity for a hearing shall be provided on an expedited basis, within a period not to exceed four business days and the commissioner shall issue a final determination no later than four business days following the conclusion of such hearing; and provided further that the commissioner may, upon application by a business whose registration has been suspended, permit such business to remain in the market for such time as is necessary to allow for the expeditious sale, consignment or removal of a perishable product if, in the commissioner's best judgment, such permission is consistent with the orderly operation and safety of the market. Nothing in this section shall be construed to permit the emergency suspension of a photo identification card of an employee who is a member of a labor union or labor organization solely for the reason that such person is seeking or has sought to engage in the lawful exercise within a public wholesale market of an activity protected by the provisions of the National Labor Relations Act, 29 U.S.C. § 141, et seq. The commissioner shall consult with the commissioner of labor relations prior to reaching any determination that an activity by a representative of a labor union or labor 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.
Suspension or revocation of a registration shall require the immediate surrender to the commissioner of the registration certificate and all photo identification cards issued for employees of the registrant. Suspension or revocation of a registration shall also require the immediate cessation of use of a registration number. Suspension or revocation of a photo identification card or discontinuance of employment in the market shall require the immediate surrender of such identification card. Violation of the provisions of this section may result in revocation of the registration or photo identification card where such registration or identification card is under suspension or in criminal or civil penalties as provided in subdivision b of section 22-258 of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
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