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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.
Notwithstanding any other provision of this chapter or rules promulgated pursuant thereto, the commissioner may, if he or she determines that the conduct of an unloading business, a loading business, a wholesale seafood business or a seafood delivery business, or the presence of any person in the market area creates an imminent danger to life or property, immediately suspend a license, registration or a 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 entity whose license or registration has been suspended, permit such business entity to remain in the market area 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 safety of the market area.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
a. Suspension or revocation of a license or the discontinuance of business operations in the market area by a license shall require the immediate surrender to the market manager of the license and all photo identification cards issued for principals, employees and/or agents of the licensee.
b. Suspension or revocation of a registration or the discontinuance of business operations in the market area by a registrant shall require the immediate cessation of use of a registration number and the immediate surrender of all decals, stickers and photo identification cards issued to such registrant and the principals, employees and/or agents of the registrant.
c. A person who discontinues his or her employment in the market area shall immediately surrender his or her photo identification card to the market manager.
d. Violation of the provisions of subdivisions b or c of this section where such license or registration is under suspension may result in revocation of the license or registration or criminal or civil penalties as provided in subdivision b of section 22-215 of this chapter, or both.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
a. Any police officer or authorized officer or employee of the department may, upon service of a notice of violation or criminal summons upon the owner or operator of a vehicle or other property or equipment seize such vehicle or such other property or equipment which such police officer or authorized officer or employee has reasonable cause to believe is being used in connection with an act constituting a violation of subdivision a of section 22-204, subdivision a of section 22-206 or subdivision c of section 22-208 of this chapter. Any vehicle, property or equipment seized pursuant to this subdivision shall be delivered into the custody of the department or other appropriate agency. Where a notice of violation has been served, a hearing to adjudicate the violation underlying the seizure shall be held before the environmental control board within five business days after the seizure and such board shall render a decision within five business days after the conclusion of the hearing. Where a criminal summons has been served, a hearing to adjudicate the violation underlying the seizure shall be held before a court of competent jurisdiction. In the event that such court or the environmental control board determines that there has been no violation, the vehicle, property or equipment that was seized shall be released forthwith to the owner or any person authorized by the owner to take possession of such vehicle, property or equipment.
b. Except as otherwise provided in subdivision a of this section or where notice has been given that forfeiture will be sought pursuant to paragraph (ii) of subdivision e of this section, a vehicle or other property or equipment seized pursuant to subdivision a of this section shall be released upon payment of a fine or civil penalty imposed for the violation underlying the seizure and the cost of removal and storage as set forth in the rules of the department. Where an action or a proceeding relating to the violation underlying the seizure is pending in a court of competent jurisdiction or an administrative proceeding before the environmental control board, the vehicle or other property or equipment shall be released upon posting of a bond or other form of security sufficient to cover the maximum fine or civil penalty which may be imposed for such violation and the costs of removal and storage.
c. Where a court of competent jurisdiction or the environmental control board makes a finding that the vehicle or other property or equipment has not been used in connection with an act constituting a violation of subdivision a of section 22-204, subdivision a of section 22-206 or subdivision c of section 22-208 of this chapter, the vehicle or other property or equipment shall be released forthwith to the owner or any person authorized by the owner to take possession of such vehicle, property or equipment.
d. Any vehicle or other property or equipment that has not been claimed by the owner within ten business days after mailing by first class mail to such owner of notice of a determination by a court of competent jurisdiction or by the environmental control board that there has been no violation or that the vehicle or other property or equipment was not used in connection with a violation of subdivision a of section 22-204, subdivision a of section 22-206 or subdivision c of section 22-208 of this chapter shall be deemed by the department to be abandoned. Any vehicle unclaimed under the provisions of this subdivision shall be disposed of by the department pursuant to section twelve hundred twenty-four of the vehicle and traffic law. Property or equipment other than a vehicle shall be disposed of by sale at public auction following notice by publication in the city record describing such property or equipment not less than ten business days prior to such sale. Such notice shall provide that the owner may reclaim such property or equipment until a date that shall be not sooner than ten business days from the date the notice is published.
e. (i) In addition to any other fines, penalties, sanctions or remedies provided for in this chapter, a vehicle or other property or equipment which has been seized pursuant to subdivision a of this section and all rights, title and interest therein shall be subject to forfeiture upon notice and judicial determination thereof if the owner of such vehicle or other property or equipment has been found liable by a court of competent jurisdiction or the environmental control board on one or more prior occasions for using such vehicle or such other property or equipment in connection with an act constituting a violation of subdivision a of section 22-204, subdivision a of section 22-206 or subdivision c of section 22-208 of this chapter.
(ii) A forfeiture proceeding may not be commenced more than ten business days after the receipt of a request by the owner for return of the vehicle, other property or equipment. If a forfeiture proceeding is not commenced within such ten day period, the property shall be returned to the owner upon payment of the fine or civil penalty imposed and the costs of removal and storage. A vehicle or other property or equipment which is the subject of such action shall remain in the custody of the department or other appropriate agency pending the final determination of the forfeiture action.
(iii) Notice of the institution of the forfeiture action shall be served by first class mail on: (a) an owner of a vehicle at the address set forth in the records maintained by the department of motor vehicles, or for vehicles not registered in New York state, in the records maintained by the state of registration; (b) all persons holding a security interest in such vehicle which security interest has been filed with the department of motor vehicles pursuant to the provisions of title ten of the vehicle and traffic law, at the address set forth in the records of such department, or for vehicles not registered in New York state, all persons who hold a security interest in such vehicle which security interest has been filed with such state of registration and which persons are made known by such state to the department at the address provided by such state of registration; and (c) for property and equipment other than a vehicle, by publication in the city record describing such property or equipment and by notice served by first class mail to the address of the person from whom such property or equipment was seized. Where such person is other than the owner of such property or equipment, notice shall be served by first class mail both to such person and to the owner of such property or equipment where such owner is known, or can be reasonable effort, by ascertained or, where such owner is not known or cannot by reasonable effort be ascertained, to the employer of the person from whom the property or other equipment was seized. Notice shall also be served by first class mail to any person who holds a security interest in such property or equipment when the name and address of such person has been provided by the owner of the property or equipment or other person from whom the property or equipment was seized, or is otherwise known or can, by reasonable effort, be ascertained.
(iv) Any owner who receives notice of the institution of a forfeiture action who wishes to claim an interest in the vehicle or other property or equipment subject to forfeiture may assert a claim in such action for the recovery of the vehicle or other property or equipment or satisfaction of the owner's interest in such vehicle or other property or equipment. Any person with a security interest in such vehicle or property or equipment who receives notice of the institution of the forfeiture action who claims an interest in such vehicle or other property or equipment may assert a claim in such action for satisfaction of such person's security interest.
(v) Forfeiture pursuant to this subdivision shall be made subject to the interest of a person who claims an interest in the vehicle or other property or equipment pursuant to paragraph (iv) of this subdivision, where such person establishes that: (a) the use of such vehicle, property or equipment in connection with an act constituting a violation of subdivision a of section 22-204, subdivision a of section 22-206 or subdivision c of section 22-208 of this chapter that was the basis for seizure occurred without the knowledge of such person, or if such person had knowledge of such use, that such person did not consent to such use by failing to do all that could reasonably have been done to prevent such use, and that such person did not knowingly obtain such interest in the vehicle, property or equipment in order to avoid the forfeiture; or (b) that the conduct that was the basis for such seizure was committed by any person other than such person claiming an interest in the vehicle, property or equipment while such vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.
(vi) The department, after judicial determination of forfeiture, shall, at its discretion, either: (a) retain such vehicle, property or equipment for the official use of the city; or (b) by public notice of at least five days, sell such forfeited vehicle, property or equipment at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.
(vii) In any forfeiture action commenced pursuant to this subdivision, where the court awards a sum of money to one or more persons in satisfaction of such person's or persons' interest in the forfeited vehicle, property or equipment, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle, property or equipment after deduction of the lawful expenses incurred by the city, including the reasonable costs of removal and storage between the time of seizure and the date of sale.
(viii) For purposes of this section, the term "owner" of a vehicle shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section three hundred eight of the vehicle and traffic law. The term "owner" of other property or equipment subject to seizure or forfeiture pursuant to this section shall mean a person who demonstrates ownership of such property or equipment to the satisfaction of the commissioner.
(ix) For purposes of this section, the term "security interest" in a vehicle shall mean a security interest as defined in subdivision k of section two thousand one hundred one of the vehicle and traffic law. "Security interest" in other property or equipment shall mean an interest reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050 and L.L. 1997/028.
Each business licensed or registered with the commissioner pursuant to this chapter shall maintain a business address in New York city where notices may be delivered and legal process served and shall provide the commissioner with such address and shall also designate an individual of suitable age and discretion at such address as an agent for service of legal process.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
a. It shall be unlawful for any business entity to conduct a wholesale seafood business outside the fulton fish market distribution area without having first registered and obtained a registration number from the commissioner. A registration application shall be upon a form and contain such information as the commissioner shall specify by rule and shall be signed by all the principals of such wholesaler. A registration number shall not be transferable. The market manager shall maintain a list of all wholesalers who are registered pursuant to this section together with the registration numbers of such wholesalers and shall make such list available to suppliers, shippers and truckers and shall, upon request, verify to suppliers, shippers and truckers whether a wholesaler is currently registered with the commissioner.
b. (i) Upon a finding by the commissioner that there is reasonable cause to believe that there exists or that there is the potential for corrupt, deceptive or unconscionable business practices in an area or areas within the city outside the fulton fish market distribution area where one or more wholesale seafood businesses has been established and that such business practices will have an effect inimical to the purposes of this chapter, the commissioner shall declare such area to be a seafood distribution area, and all unloading businesses, loading businesses, wholesale seafood businesses and seafood delivery businesses which operate within such area, and the employees and/or agents of such businesses, shall be subject to all the provisions of this chapter; provided that when such provisions are applied to a seafood distribution area, the terms "fulton fish market distribution area" and "market area" as contained therein shall be deemed to include such seafood distribution area.
(ii) The commissioner shall by rule establish the boundaries of such seafood distribution area, based on determination of the area in which activities related to the distribution of seafood take place, and may promulgate rules for the orderly and lawful conduct of business in such area in accordance with the provisions of sections 22-205, 22-207, 22-210 and 22-212 of this chapter.
(iii) No enforcement action shall be taken on or after the date on which the boundaries of a seafood distribution area have been established pursuant to paragraph (ii) of this subdivision against (1) any business entity or person required to be licensed and/or to possess a class A photo identification card pursuant to this section unless and until one of the following has occurred: (aa) such business entity or person has failed to apply for such license or class A photo identification card by the date specified by the commissioner; (bb) any of the principals of such business entity or such person has failed to submit to fingerprinting or to submit the background information required pursuant to section 22-216 of this chapter; or (cc) such license or photo identification card has been denied by the commissioner; (2) against any wholesaler registered pursuant to subdivision a of this section whose principals have been required by the commissioner to submit to the fingerprinting and disclosure requirements of section 22-216 of this chapter unless and until one of the following has occurred (aa) the principals of such wholesaler have failed to submit to fingerprinting or to submit the required background information; or (bb) the commissioner has revoked the registration of such wholesaler; (3) against any person required to possess a class B photo identification card unless such person has failed to apply for such class B photo identification card by the date specified by the commissioner; or (4) against any person required to possess a class B photo identification card who has been required by the commissioner to submit to the fingerprinting and disclosure requirements of section 22-216 of this chapter unless and until one of the following has occurred: (aa) such person has failed to submit to fingerprinting or to submit the required background information by the date specified by the commissioner; or (bb) the commissioner has denied the application for such class B photo identification card.
c. Notwithstanding the provisions of subdivision b of this section, the commissioner may determine that licenses to conduct unloading businesses in a seafood distribution area may be appropriately issued without application of the provisions set forth in subdivisions b through f of section 22-204 of this chapter, and that licenses to conduct loading businesses in a seafood distribution area may be appropriately issued without application of the provisions set forth in subdivisions b through h of section 22-206 of this chapter. Where the commissioner has made such a determination, all other provisions of this chapter including, but not limited to, the requirements for licenses, the issuance of licenses and suspensions and revocations of licenses shall apply. For the purposes of this subdivision: (i) the term "applicant submitting a proposal" as such term appears in section 22-216 of this chapter shall, in the event of such determination, be deemed to mean an applicant for an unloading license or a loading license in a seafood distribution area; and (ii) "loader" or "loading business" shall mean a business entity that has designated areas in which loading services take place or that operates primarily to provide loading services for purchasers of fish in a seafood distribution area. Such term shall not include a business entity that only incidentally or occasionally provides such services to such purchasers.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
The commissioner may promulgate such rules as he or she may deem necessary to effectuate the provisions of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
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