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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.
The commissioner of the department of investigation may conduct a study or investigation of any matter arising under the provisions of this chapter, including but not limited to the investigation of the information required to be submitted by applicants for licenses pursuant to subdivision a of section 22-216 of this chapter or when such information is required by the commissioner to be provided pursuant to subdivision b of section 22-209 or subdivision b of section 22-211 of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
On a regular basis, but not less often than every three months, and at such other times as may be needed, the market manager shall conduct a meeting which shall be open to all persons licensed, registered or issued photo identification cards pursuant to the provisions of this chapter and their representatives. Such meetings shall be for the purpose of presentations and discussions with respect to activities and operations within the market area and/or other seafood distribution areas. All such meetings shall be held within the market area or other seafood distribution area or at a suitable location proximate to such area and at convenient times upon reasonable advance notice.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050.
(Repealed L.L. 2023/069, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050 and L.L. 1997/028.