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a. It shall be unlawful to conduct a seafood delivery business in the fulton fish market distribution area without having first registered such business with the commissioner and obtained a registration number from the commissioner. A registration application shall be submitted by a seafood delivery business upon a form prescribed by the commissioner containing such information as the commissioner shall require by rule and shall be signed by all the principals of such seafood delivery business. The market manager may require that seafood deliverers affix a sticker or decal containing such registration number to their delivery vehicles. A seafood delivery registration number or sticker or decal shall not be transferable.
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, employees or agents of a seafood deliverer lack good character, honesty and integrity, require that any or all of such principals be fingerprinted and provide to the commissioner the information set forth in subdivision a of section 22-216 of this chapter, and may, after notice and the opportunity to be heard, refuse to register such seafood deliverer for the reasons set forth in subdivision b of such section.
(ii) If at any time subsequent to the registration of a seafood deliverer, the commissioner has reasonable cause to believe that any or all of the principals, employees or agents of a seafood deliverer lacks good character, honesty and integrity, the commissioner may require that any or all of such principals be fingerprinted and provide the background information required by subdivision a of section 22-216 of this chapter and may, after notice and the opportunity for a hearing, revoke the registration of such seafood deliverer for the reasons set forth in subdivision b of such section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
The commissioner may establish by rule such measures as he or she deems appropriate and necessary to ensure the orderly conduct of seafood delivery businesses in the fulton fish market distribution area. Such measures may include, but not be limited to:
(i) the designation of an area or areas in which seafood delivery trucks may park while picking up seafood in the market area;
(ii) requirements that seafood delivery businesses demonstrate compliance with applicable vehicle registration, insurance and inspection requirements;
(iii) requirements that seafood delivery businesses comply with applicable federal, state and local laws, rules, and regulations regarding the handling of seafood;
(iv) appropriate insurance and bonding requirements; and
(v) provisions prescribing maintenance and availability of records for inspection by the market manager pertaining to, without limitation, the receipt and delivery of seafood and the verification of ownership interests of a seafood delivery business, its principals and employees and agents.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
A labor union or labor organization representing or seeking to represent employees directly involved in the movement, handling or sale of goods sold in the market shall register with the commissioner and shall be subject to the provisions of section 22-264 of this title.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/028.
a. The commissioner shall by rule establish fees for the issuance and renewal of registrations and of licenses pursuant to this chapter in amounts sufficient to compensate the city for the administrative expense of issuing or renewing a registration or license and the expense of inspections and other activities related thereto. A license issued pursuant to this chapter shall be valid for two years. A business entity that is licensed pursuant to this chapter shall provide the commissioner in a form prescribed by the commissioner pursuant to rules promulgated under this chapter with notice of at least ten business days of the proposed addition of a new principal to such business entity. 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, the licensee may add such new principal pending the completion of review under section 22-216 of this chapter. The licensee shall be afforded an opportunity to demonstrate to the commissioner that the addition of such new principal pending completion of review under section 22-216 of this chapter would not have a result inimical to the purposes of this chapter. If upon the completion of such review, the commissioner determines that such principal lacks good character, honesty and integrity, the license shall cease to be valid unless such principal divests his or her interest; or discontinues his or her involvement in the business of such licensee, as the case may be, within the time period prescribed by the commissioner.
b. The commissioner shall be authorized to extend the term of the license for an additional one year period at his or her discretion and shall establish an additional fee therefor.
c. A registration issued pursuant to this chapter shall be valid for two years.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
a. A business entity required by this chapter to be licensed by or registered with the commissioner pursuant to this chapter shall be liable for violations of any of the provisions of this chapter or any rules promulgated pursuant thereto committed by any of its principals, employees or agents.
b. In any civil action or administrative proceeding against an employee of a business entity 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 business entity or by any principal, officer or agent of such business entity, provided, however, that this subdivision shall not be applicable to a violation of section 22-203, subdivision e of section 22-204, subdivision e of section 22-206, subdivision c of section 22-208, paragraphs ii and iii of subdivision b of section 22-215 or subdivision b of section 22-219 of this chapter and any rules promulgated pursuant thereto.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
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 pursuant thereto 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 brought in a court of competent jurisdiction or an administrative proceeding before the environmental control board.
b. (i) Any person who violates subdivision a of section 22-204, subdivision a of section 22-206, subdivision c of section 22-208 or section 22-219 of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished for each violation by a criminal fine of not more than ten thousand dollars or by imprisonment not exceeding six months, or both; and any such person shall also 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 brought in a court of competent jurisdiction or an administrative proceeding before the environmental control board.
(ii) Any person who interferes or attempts to interfere with the conduct of loading or unloading services authorized pursuant to this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, be punished for each such violation by a criminal fine of not more than ten thousand dollars or by imprisonment not exceeding six months, or both and any such person shall also be subject to a civil penalty of not more than five thousand dollars for each such violation to be recovered in a civil action brought in a court of competent jurisdiction or an administrative proceeding before the environmental control board for each day that the violation continues.
(iii) Any person who intentionally or without permission of the owner or other person having lawful possession of such property destroys or damages property or equipment associated with loading or unloading services authorized pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished for each such violation by a criminal fine of not more than ten thousand dollars or by imprisonment not exceeding six months, or both and any such person shall also be subject to a civil penalty of not more than five thousand dollars for each such violation to be recovered in a civil action brought in a court of competent jurisdiction or an administrative proceeding before the environmental control board.
(iv) 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. 1995/050.
a. The commissioner shall require that an applicant submitting a proposal to conduct an unloading business or a loading business, or seeking a temporary license to conduct such a business, and an applicant for a class A photo identification card shall:
(i) be fingerprinted by a person designated for such purpose by the commissioner or the department of investigation and pay a fee to be submitted to the division of criminal justice services and/or the federal bureau of investigation for the purposes of obtaining criminal history records; and
(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 those of the following items that the commissioner may determine are necessary and appropriate to determine the good character, honesty and integrity of applicants for the type of license, registration or photo identification card for which application is being made:
(a) a listing of the names, and home and business addresses and telephone numbers of any person having a beneficial interest in the applicant, and the amount and nature of such interest;
(b) a listing of the names, and home and business addresses of all principals of the applicant;
(c) a listing of the amounts in which the applicant is indebted, including mortgages on real property, and the names, and home and business addresses of all persons to whom each such debt is owed;
(d) a listing of the applicant's real property holdings, mortgages or other interests in real property other than a primary residence and the names, and home and business addresses of all co-owners of such interest;
(e) a listing of all loans and instruments of indebtedness held by the applicant, other than the mortgage or other interest in real property specified in clause (d) of this paragraph, the amount of such debt, and, for each such debt, the names, and home and business addresses of such debtors;
(f) the name and address of any business in which the applicant holds an equity or debt interest, excluding any interest in publicly traded stocks or bonds;
(g) the names, and home and business addresses of all persons or entities from whom the applicant has received gifts valued at more than one thousand dollars in any of the past three years, and the names, and home and business addresses 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 gifts of such value 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 and has been served;
(j) a listing of any determination by a federal, state or city regulatory agency of a violation by such applicant of conditions of his or her license or of laws, rules 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 submission of 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) a certification that the applicant has paid all federal, state, and local income and business 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 or otherwise pursuant to applicable procedures of the taxing authority; and
(m) such additional information concerning good character, honesty and integrity that the commissioner may deem appropriate and reasonable. The commissioner may require that applicants pay such fees to cover the expenses of the background investigations provided for in this subdivision as are set forth in the rules promulgated pursuant to section 22-223 of this chapter.
b. The commissioner may, after notice and the opportunity to be heard, refuse to consider a licensing proposal from, or refuse to issue a license to, an unloading or loading business or a class A photo identification card to a person required by subdivision a of section 22-203 of this chapter to possess such identification card when any of the principals of such business or such person lacks good character, honesty and integrity or may defer the decision whether to issue such license or photo identification card or to consider such proposal when there is a pending indictment or civil or criminal action or administrative proceeding as provided in paragraph (ii) of this subdivision. Such notice shall specify the reasons for such refusal or deferral. In making such determination, the commissioner may consider, but not be limited to:
(i) failure by the applicant to provide truthful information in connection with the application;
(ii) a pending indictment or criminal action against such applicant for a crime which under this subdivision would provide a basis for the refusal of such license or photo identification card, or a pending civil action or administrative proceeding to which such applicant is a party and which relates to the fitness to conduct the business or perform the work for which the license or photo identification card is sought, in which cases the commissioner may defer consideration of a proposal or application until a decision has been reached by the court or administrative tribunal before which such action or proceeding is pending, unless such applicant demonstrates to the commissioner that such pending action or proceeding should not be the basis for deferral of the license or photo identification card or consideration of the proposal;
(iii) conviction of such applicant for a crime which, under article twenty-three-A of the correction law, would provide a basis for the denial of a license to conduct a business in the market area;
(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 conviction, including but not limited to the offenses listed in subdivision one of section nineteen hundred sixty-one of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1961, et seq.) or of 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 knew or should have known of the organized crime associations of such person; or
(vi) failure to pay any tax, fine, penalty, 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 enforcement of such judgment has not been stayed.
c. The factors set forth in subdivision b of this section shall also be grounds for the commissioner, pursuant to sections 22-209 or 22-211 of this chapter, to refuse to register, or to suspend or revoke the registration of, a wholesaler or a seafood deliverer; and to refuse to issue a photo identification card to, or to suspend or revoke the photo identification card of, a principal, employee or agent of a wholesaler or seafood deliverer.
d. The commissioner may require that an applicant submitting a licensing proposal for any license required pursuant to this chapter or an application for registration as a wholesaler or seafood deliverer shall submit such information regarding the applicant's business as the commissioner shall require in order to demonstrate the financial responsibility to conduct the business for which such license or registration is required, and may refuse to issue a license or registration to any applicant who has not, in the commissioner's determination, demonstrated such financial responsibility.
e. The commissioner may refuse to issue a license to, or consider a proposal from, the business of an applicant or issue a class A photo identification card to a person required by subdivision a of section 22-203 of this chapter to possess such identification card when such applicant or such person has knowingly failed to provide the information and/or documentation required by the request for licensing proposals or application or who has otherwise failed to demonstrate eligibility for such license or photo identification card under this chapter or any rules promulgated pursuant thereto.
f. The commissioner may refuse to issue a license to, or consider a proposal from, the business entity of an applicant, or issue a class A photo identification card to a person required by subdivision a of section 22-203 of this chapter to possess such identification card when (i) the business entity of such applicant or such applicant was previously issued a license or class A photo identification card under this chapter and such license or card was revoked pursuant to the provisions of this chapter or any rules promulgated pursuant thereto; or (ii) such applicant has been determined to have committed any of the acts which would be a basis for the suspension or revocation of a license pursuant to this chapter or any rules promulgated pursuant thereto.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050 and L.L. 1997/028.
a. In addition to the penalties provided in section 22-215 of this chapter, the commissioner may, after due notice and opportunity for a hearing, take action pursuant to subdivisions b and c of this section.
b. The commissioner may revoke or suspend a license or class A photo identification card issued pursuant to the provisions of this chapter when the licensee and/or a principal, employee or agent of a licensee 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 the market manager or his or her staff;
(iii) has failed to pay any fines or civil penalties imposed pursuant to this chapter or the rules promulgated pursuant thereto;
(iv) has been found in violation of any laws prohibiting deceptive, unfair, or unconscionable trade practices, or has been found in persistent or substantial violation of any city, state, or federal law, rule or regulation regarding the handling of seafood;
(v) whenever, in relation to an investigation conducted pursuant to this chapter, the commissioner determines, after consideration of the factors set forth in subdivision b of section 22-216 of this chapter, that the licensee, any principal of the licensee or a person required to possess a class A photo identification card lacks good character, honesty and integrity;
(vi) whenever there has been any false statement or misrepresentation as to a material fact in the application or accompanying papers upon which the issuance or renewal of the license or photo identification card was based; or (vii) whenever the licensee has failed to notify the market manager of any material change, as required by rules promulgated by the commissioner pursuant to section 22-223 of this chapter, in the information required to be provided on the application for such license, or of the arrest or criminal conviction of the licensee or any of the principals of the licensee, or of the arrest or criminal conviction of any employees or agents of the licensee of which the licensee had knowledge or should have known.
c. The commissioner may revoke or suspend a registration or a class B photo identification card issued pursuant to this chapter when the person to whom such registration or card was issued:
(i) has been found to be in persistent or substantial violation of this chapter or any rules promulgated pursuant thereto;
(ii) has repeatedly failed to obey lawful orders of the market manager or his or her staff;
(iii) whenever there has been any false statement or misrepresentation as to a material fact in the papers upon which registration or issuance of the photo identification card was based;
(iv) has failed to pay any fines or civil penalties imposed pursuant to this chapter or the rules promulgated pursuant thereto;
(v) has been found in violation of any laws prohibiting deceptive, unfair, or unconscionable trade practices, or has been found in persistent or substantial violation of any city, state, or federal law, rule or regulation regarding the handling of seafood;
(vi) has been found in violation of any city, state or federal law, rule or regulation when such violation is inimical to the purpose and intent of this chapter; or
(vii) has failed to notify the commissioner of any material change, in the information submitted in the application for registration, or of the arrest or criminal conviction of the registrant or any of the principals of the registrant, or of the arrest or criminal conviction of any employees or agents of the registrant of which the registrant had knowledge or should have known.
d. An order of suspension pursuant to this section shall specify the period during which such suspension shall remain in effect; such period shall be reasonable in relationship to the violation or violations underlying the suspensions.
e. For purposes of this section:
(i) "persistent" shall mean three or more violations within a six month period; and
(ii) "substantial violation" shall mean a violation which has a bearing on the continued fitness of a licensee, registrant or holder of a photo identification card to operate a business or work in the market area.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
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