§ 22-209 Wholesaler registration and stand permits required.

   a.   It shall be unlawful for any business entity to conduct a wholesale seafood business in the fulton fish market distribution area without having first registered with and obtained a registration number from the commissioner. A registration application shall be submitted by a wholesale seafood 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 wholesaler. A registration number shall not be transferable. A wholesaler shall not sublease or assign to another wholesaler the premises, or any portion thereof with respect to which a wholesaler has registered his or her wholesale seafood business, unless such proposed sublessee or assignee has registered with and obtained a wholesaler registration number from the commissioner. A wholesale seafood business shall, in accordance with rules promulgated by the commissioner pursuant to section 22-223 of this chapter, inform the commissioner of any change in the ownership composition of such business, or of the addition or deletion of any principal at any time subsequent to registration.

   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 wholesaler 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. The commissioner may thereafter, after notice and the opportunity to be heard, refuse to register such wholesaler for the reasons set forth in subdivision b of such section.

      (ii)   If at any time subsequent to the registration of a wholesaler, the commissioner has reasonable cause to believe that any or all of the principals, employees or agents of such wholesaler do not possess 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 wholesaler for the reasons set forth in subdivision b of such section.

   c.   No wholesaler shall place seafood on the street without a stand permit issued by the commissioner pursuant to this chapter. A stand permit shall not be transferable. Except where the occupancy of a city street under a stand permit is authorized under the terms of a lease with the city of adjacent premises, the commissioner may set a charge to a wholesaler for such occupancy under a stand permit calculated upon the square footage of the area authorized to be used in such permit.

   d.   A wholesaler shall not allow any other person to place seafood in the space for which such stand permit has been issued, except that a wholesaler may, on a temporary basis, permit the use of such space by another registered wholesaler who has received a shipment of seafood that cannot be accommodated in the space from which such registered wholesaler operates. No fee may be charged for such temporary use and any such use shall be reported as soon as is practicable to the market manager in accordance with rules promulgated by the commissioner pursuant to this chapter.

   e.   Notwithstanding the provisions of subdivisions c and d of this section, the holder of a stand permit may, after having first obtained the prior written approval of the commissioner, allow no more than one other registered wholesaler at any one time to place seafood on other than a temporary basis in up to forty-nine percent of the space for which such stand permit was issued. The holder of such permit may charge a fee for the use of such space. Such fee shall be calculated by multiplying the charge paid by the permit holder to the city for such permit by the ratio of the amount of space being used to the amount of space for which such permit was issued and the ratio of the time for which such space will be used to the period of time for which such permit was issued; except that a holder of a stand permit may charge a fee exceeding the charge based on such calculation, provided that the holder of such permit shall remit to the city an amount equal to seventy-five percent of the difference between the actual fee charged and the charge that would result from such calculation. A copy of the written agreement allowing the use of such space shall be filed with the market manager. Such agreement shall specify the amount of space and the period for which use of such space is authorized and the fee being charged.

   f.   A stand permit shall cease to be valid upon the expiration, revocation or during a period of suspension of the registration of the wholesale seafood business to which such stand permit has been issued. However, where the holder of a stand permit has, pursuant to the provisions of subdivisions d or e of this section, allowed another registered wholesaler to use a portion of the space for which such permit was issued such other registered wholesaler shall be permitted to continue to conduct business in such space during such period of suspension.

   g.   The market manager shall maintain and publish a list of all wholesalers in the market area who are registered with the market manager and who possess stand permits together with the registration numbers of such wholesalers and the numbers of such permits. The market manager shall make such list available to suppliers, shippers and truckers and shall, upon request, verify to suppliers, shippers and truckers whether such business entity is currently registered with the commissioner and/or possesses a valid stand permit.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.

§ 22-210 Conduct of wholesale seafood businesses.

The commissioner may establish by rule such measures as he or she deems necessary and appropriate to ensure the orderly and lawful conduct of wholesale seafood businesses in the market area, including but not limited to:

   (i)   designation of the city-owned property within the market area upon which a wholesale seafood business may be conducted pursuant to a lease or occupancy permit;

   (ii)   requirements that wholesalers maintain and supply their registration numbers and stand permit numbers to suppliers and shippers of seafood;

   (iii)   requirements for the disposal of waste and other sanitary measures;

   (iv)   requirements that wholesalers comply with applicable federal, state and local laws, rules and regulations regarding the handling of seafood;

   (v)   appropriate insurance and bonding requirements; and (vi) provisions prescribing maintenance and availability of records for inspection by the commissioner or the market manager pertaining to, without limitation, the purchase, receipt, sale and delivery of seafood and the verification of ownership interests of the wholesale business, its principals, employees and agents.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.

§ 22-211 Registration required for seafood delivery business.

   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.

§ 22-212 Conduct of seafood delivery business.

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.

§ 22-212.1 Registration of labor union and labor organization.

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.

§ 22-213 Fees and terms of licenses and registrations.

   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.

§ 22-214 Liability for violations.

   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.