Loading...
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.
Loading...