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a. The market manager shall issue photo identification cards to those principals, employees and agents of any business licensed pursuant to this chapter who perform any function directly related to the handling or transportation of seafood within or from the market area. Such cards shall be termed class A photo identification cards and shall be issued subject to the provisions set forth in section 22-216 of this chapter and the fee for such card established by the commissioner by rule pursuant to section 22-223 of this chapter. Such cards shall be displayed so as to be readily visible to others during the hours of market operation, as designated by the market manager.
b. (i) In addition to the identification cards issued pursuant to subdivision a of this section, the market manager shall issue photo identification cards to those principals and employees of any business entity registered pursuant to this chapter and also to any agent of such registrant, other person or business entity who performs any function directly related to the handling and transportation of seafood within or from the market area. Such identification cards shall be termed class B photo identification cards and shall be issued subject to such requirements and fees as the commissioner shall promulgate by rule pursuant to section 22-223 of this chapter. Such cards shall be displayed so as to be readily visible to others during the hours of market operation designated by the market manager.
(ii) Notwithstanding any provision of this subdivision, the commissioner may, when there is reasonable cause to believe that an applicant for a class B photo identification card lacks good character, honesty and integrity, require that such applicant be fingerprinted and provide to the commissioner the information set forth in subdivision a of section 22-216 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.
(iii) If at any time subsequent to the issuance of a class B photo identification card, there is 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 22-216 of this chapter and may, after notice and opportunity for a hearing, revoke such class B photo identification card for the reasons set forth in subdivision b of such section.
c. The market manager may, where appropriate, issue a provisional photo identification card to an employee or agent of a licensee or registrant who has submitted the information and fee required by this chapter or any rules promulgated thereunder. A photo identification card issued pursuant to this paragraph shall be valid until the commissioner has either issued or denied a permanent identification card, unless such provisional card has been revoked or suspended prior thereto in accordance with the procedures set forth in this chapter. The market manager, may, in his or her discretion, also make provision for temporary identification cards, which shall be valid for a period not to exceed six weeks, to be issued to persons employed by unloaders, loaders, wholesalers and seafood deliverers on a seasonal or other temporary basis.
d. A photo identification card issued pursuant to this section shall bear a photograph of the person to whom it was issued and such other identifying information as may be specified by the commissioner.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
a. It shall be unlawful to conduct an unloading business or otherwise provide unloading services in the fulton fish market distribution area without having first obtained an unloading business license from the commissioner pursuant to the provisions of this section. An unloading business license shall not be transferable.
b. The commissioner shall issue a request for licensing proposals and shall, at his or her discretion, issue one or more unloading business licenses based upon the review and evaluation of responses received pursuant to such request. Such request for proposals shall solicit information regarding the qualifications of proposers, their proposed methods of unloading, the labor and equipment they propose to utilize in the unloading operation, rates proposed to be charged to wholesalers, procedures proposed to be used to comply with sanitary requirements, and any other information relating to performance standards, responsibility and service that the commissioner deems appropriate. A proposal in response to a request for licensing proposals issued pursuant to this section shall be submitted on behalf of a business entity by all the principals thereof on a form bearing the signatures of all such principals.
c. A license issued pursuant to this section shall state the name, address and telephone number of the licensee and the names and business addresses of all principals of such licensee. A copy of such license shall be presented by the unloading business to any wholesaler upon request.
d. A license issued pursuant to this section shall also contain conditions that:
(i) specify the maximum rates to be charged to wholesalers;
(ii) specify the standard and level of performance of unloading and customer service which shall be maintained throughout the term of the license to ensure the continuing efficient unloading of seafood in the market area;
(iii) require that the unloading business obtain a performance bond or such other guarantee of performance that the commissioner determines is appropriate and sufficient to cover any cost incurred by the city in providing or performing unloading services pursuant to section 22-208 of this chapter due to revocation of the license or default in the performance of the conditions specified in the license and specify the amount of such performance bond or guarantee; and
(iv) prescribe any other appropriate requirements relating to performance standards, customer service, security of performance, the use of city property, or such other matters as the commissioner deems appropriate and necessary to effectuate the purposes of this chapter.
e. An unloading business licensed pursuant to this section may not charge more for the provision of unloading services that the maximum rate set forth in the license without the written permission of the commissioner, nor may an unloading business or any principal, employee or agent thereof request or accept any other fees or gratuities for performing unloading services.
f. No unloading business licensee, shall, by contract or otherwise, assign or delegate to or engage any other business entity to provide the unloading services specified in the license, whether upon an emergency or any other basis, unless the commissioner has provided specific written authorization therefor.
g. (i) The commissioner shall be authorized, upon due notice and opportunity for a hearing, to suspend or revoke a license issued pursuant to this section based upon a determination that there has been a default in the performance of the conditions specified in such license or for reasons set forth in sections 22-217 or 22-218 of this chapter. The commissioner shall also be authorized to pursue other remedies for a default in the performance of the conditions specified in the license, including but not limited to, reimbursement for any expenses incurred by the department in performing or providing unloading services in the market area.
(ii) In the event of such suspension or revocation, or when the commissioner determines that additional unloading services are required because a licensee has discontinued unloading operations in the market area or the existing unloading business or businesses are for other reasons unable to provide adequate or sufficient unloading services in the market area, the commissioner may, as he or she deems appropriate, issue a new license to one or more business entities which responded to the most recent request for licensing proposals, issue a new request for licensing proposals pursuant to this section or arrange for the department, a designee of the department or an entity under contract to the department to provide unloading services in the market area. A new license issued pursuant to a request for licensing proposals shall be valid for the remainder of the term of the original license. The commissioner may also solicit expressions of interest from business entities in providing unloading services on a temporary basis and may issue a temporary license or licenses to provide unloading services in the market area to the most qualified of such entities in a situation where the suspension or revocation of a license or the discontinuance of unloading operations by a licensee has created a shortage of unloading services in the market area or the existing unloading business or businesses are for other reasons unable to provide adequate or sufficient unloading services. A temporary license issued pursuant to this subdivision shall be valid for a period of up to one year, provided that such license shall not extend beyond the remainder of the term of the original license. The fee for such temporary license shall be prorated to the term of the original license.
h. Prior to the expiration of the term of a license issued pursuant to this section, the commissioner shall issue a new request for licensing proposals pursuant to subdivision b of this section. Where the term of such license has been extended for an additional period pursuant to section 22-213 of this chapter, the new request for licensing proposals shall be issued prior to the expiration of such period.
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 and lawful unloading of seafood in the fulton fish market distribution area, including but not limited to: (i) a procedure for determining the order in which trucks or other vehicles are unloaded; (ii) designation of waiting areas for trucks that enter the fulton fish market distribution area; (iii) designation of unloading areas in the fulton fish market distribution area and, in the event such designated unloading area is located on property belonging to the city, the charging of a fee for the use of such property by an unloading business; (iv) designation of hours for the unloading of seafood in the fulton fish market distribution area; (v) documentation requirements for the delivery and receipt of seafood; (vi) requirements for the disposal of waste and other sanitary measures; (vii) provisions prescribing maintenance and availability of records for inspection by the commissioner or the market manager; and (viii) appropriate insurance and bonding requirements.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
a. It shall be unlawful to conduct a loading business or otherwise provide loading services in the fulton fish market distribution area, or provide such services to purchasers of seafood from wholesalers in such market area, without first having obtained a loading business license issued by the commissioner pursuant to the provisions of this section. A loading business license shall not be transferable.
b. The commissioner shall issue a request for licensing proposals and shall, at his or her discretion, issue one or more loading business licenses based upon the review and evaluation of responses received pursuant to such request. Such request for licensing proposals shall solicit information regarding the rates proposed to be charged to provide loading services in the market area, the areas in which loading operations are proposed to be conducted, the labor proposed to be utilized in providing loading services, and any other information relating to performance standards, responsibility and service that the commissioner deems appropriate. A proposal in response to a request for licensing proposals issued pursuant to this section shall be submitted on behalf of a business entity by all the principals thereof on a form signed by all such principals.
c. A license issued pursuant to subdivision b of this section shall state the name, address and telephone number of the licensee and the names and business addresses of all principals of such licensee. A copy of such license shall be presented by the loading business to any wholesaler in the market area or purchaser of seafood from such wholesalers or to an employee of such wholesaler or purchaser upon request.
d. A license issued pursuant to this section shall also contain conditions that:
(i) specify the maximum rate to be charged for loading services;
(ii) specify the standard and level of performance of loading services which shall be maintained throughout the term of the agreement to ensure efficient loading services in the market.
(iii) require that the loading business obtain a performance bond or such other guarantee of performance that the commissioner determines is appropriate and sufficient to cover any cost incurred by the city in providing or performing services related to loading pursuant to section 22-208 of this chapter due to revocation of the license or default in the performance of the conditions specified in the license and specify the amount of such performance bond or guarantee; and
(iv) prescribe any other appropriate requirements relating to performance standards, customer service, security of performance, the use of city property, or such other matters as the commissioner deems appropriate and necessary to effectuate the purposes of this chapter.
e. A loading business licensed pursuant to this chapter shall not charge more than the maximum rates specified in the loading business license, nor may a loading business or any principal, employee or agent thereof request any other fee or gratuity for performing loading services.
f. No loading business licensee, shall, by contract or otherwise, assign or delegate to, or engage any other business entity to provide loading services in the market area, whether upon an emergency or any other basis, unless the commissioner has provided specific written authorization therefor.
g. (i) The commissioner shall be authorized, upon due notice and opportunity for a hearing, to suspend or revoke a license issue pursuant to this section based upon a determination that there has been a default in the performance of the conditions specified in such license or for reasons set forth in section 22-217 or 22-218 of this chapter. The commissioner shall also be authorized to pursue other remedies for a default in the performance of the conditions specified in the license, including but not limited to, reimbursement for any expenses incurred by the department in performing or providing loading services in the market area.
(ii) In the event of such suspension or revocation, or when the commissioner determines that additional loading services are required because a licensee has discontinued loading operations in the market area or because the existing loading business or businesses are for other reasons unable to provide adequate or sufficient loading services in the market area, the commissioner may, as he or she deems appropriate, issue a new license to one or more business entities which responded to the most recent request for licensing proposals previously issued, issue a new request for licensing proposals pursuant to this section or arrange for the department, a designee of the department or a business entity under contract to the department to provide loading services in the market area. A new license issued pursuant to a request for licensing proposals shall be valid for the remainder of the term of the original license. The commissioner may also solicit expressions of interest from business entities to provide loading services in the market area on a temporary basis and may also issue a temporary license or licenses to provide loading services in the market area to the most qualified of such entities in a situation where the suspension or revocation of a license or the discontinuance of loading operations by a licensee has created a shortage of loading services in the market area or the existing licensed loading business or businesses are for other reasons unable to provide adequate or sufficient loading services. A temporary license issue pursuant to this subdivision shall be valid for a period not to exceed one year, provided that such license shall not extend beyond the remainder of the term of the original license. The fee for such temporary license shall be prorated to the term of the original license.
h. Prior to the expiration of a license issued pursuant to this section, the commissioner shall issue a new request for licensing proposals pursuant to subdivision b of this section. Where the term of such license has been extended for an additional period pursuant to section 22-213 of this chapter, the new request for licensing proposals shall be issued prior to the expiration of such period.
i. Nothing in this chapter shall be construed to prevent the commissioner from determining, for a reason other than those set forth in subdivision g of this section, that the department itself, a designee of the department or an entity under contract to the department shall provide loading services on property owned by the city in the market area. In the event that the department determines to provide such services, the provisions of subdivisions a through g of this section shall not apply.
j. Nothing in this chapter shall be construed to require the department to authorize any party to use property owned by the city in the market area for the purpose of conducting a loading business.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050 and L.L. 1997/028.
a. The commissioner may establish by rule such measures as he or she deems appropriate and necessary to ensure the orderly and lawful conduct of loading businesses in the fulton fish market distribution area. Such measures may include the establishment of a voucher system under which (i) loaders are prohibited from accepting cash payments for performing loading services and (ii) persons wishing to have loading services performed for them may purchase vouchers from the market manager and present them to loaders in payment for loading services. Such vouchers shall thereafter be redeemed by the loading business for payment from the market manager.
b. Such measures may also include, but shall not be limited to: (i) appropriate insurance requirements; (ii) prohibitions on interference with vehicles lawfully parked in the market area; (iii) designation of loading areas in the market area, a requirement that a loading business obtain a lease or an occupancy permit for the occupancy of property owned by the city when a designated loading area is located on such property and the establishment of a fee for such permit; (iv) designation of hours during which loading services may be performed; (v) provisions prescribing maintenance and availability of records for inspection by the market manager or the commissioner; and (vi) appropriate insurance and bonding requirements.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
a. Notwithstanding any provisions of this chapter to the contrary, the commissioner may determine that the public interest will be best protected by the department providing loading and/or unloading services in the market. Such determination may also be made:
(i) in the event that suspensions or revocations of unloading business licenses or loading business licenses have resulted in an insufficiency of such services in the market area; or
(ii) following the review of licensing proposals to conduct an unloading business made pursuant to section 22-204 of this chapter or of licensing proposals to conduct a loading business made pursuant to section 22-206 of this chapter, based upon a finding that there are an insufficient number of business entities submitting proposals for unloading or loading licenses, as the case may be, (1) whose principal or principals meet the requirements of good character, honesty and integrity set forth under this chapter or any rules promulgated pursuant thereto; or (2) which are able to provide unloading or loading services, as the case may be, in a manner consistent with the safe, lawful, orderly and efficient operation of the market area at rates which are fair and reasonable to customers.
b. Where the commissioner has made a determination pursuant to this section, the department may provide unloading or loading services, as the case may be, within the market area. Such services shall be provided in accordance with all rules governing the conduct of unloading or loading services prescribed under section 22-205 and section 22-207 of this chapter, other than insurance and bonding requirements.
c. During any period in which the department provides services in the market area under this section, it shall be unlawful for any other person or business entity to provide or perform or offer to provide or perform the same or similar services in the market area; provide, however, that where the department does not provide all unloading or loading services, as the case may be, in the market area, an unloading business or a loading business that possesses a valid license to conduct such business may continue to operate.
d. At any time following the commencement of a department service under this section, the commissioner may solicit interest in order to determine whether there are business entities interested in providing unloading or loading services, as the case may be, in the market area who meet the requirements of this chapter and can substitute for the services being provided by the department. The commissioner may thereupon issue a request for licensing proposals pursuant to the provisions of section 22-204 or section 22-206 of this chapter and issue a license pursuant to such sections. Notwithstanding the provisions of this subdivision, the commissioner may at any time during a period in which the department is proving services pursuant to this section consider an application for an unloading business and/or loading business license from a business entity interested in providing such service. This subdivision shall not apply when the department has determined, pursuant to the provisions set forth in subdivision g of section 22-206, that the department itself shall perform loading services on city owned property in the market area.
e. For the purposes of this section, services provided by the department shall include those services provided by a designee of the department, an entity under contract to the department, or by a combination thereof.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050 and L.L. 1997/028.
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