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The provisions of this subchapter shall not apply to the booting of a motor vehicle by:
a. The city, any other governmental entity, or a person acting under the direction of the city or such governmental entity, when such booting is authorized by any other provision of law or any rule or regulation promulgated pursuant thereto; or
b. Any person who has a lien pursuant to section 184 of the lien law and who detains such motor vehicle in his or her lawful possession.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/024.
This subchapter shall be known as and may be cited as the "car wash accountability law."
(L.L. 2015/062, 6/29/2015, eff. 12/26/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062.
For purposes of this subchapter:
Applicant. The term "applicant" means any individual, partnership, corporation, limited liability company, joint venture, association or other business entity that seeks a license or renewal of a license to engage in the operation of a car wash.
Car wash. The term "car wash" means any individual, partnership, corporation, limited liability company, joint venture, association, or other business entity that engages in the cleaning of vehicles, including washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles. "Car wash" includes a mobile car wash. “Car wash” shall not include:
1. any business entity that is engaged in selling, leasing, renting or repairing motor vehicles, where car washing is ancillary to the primary business of such entity;
2. any self-service facility for washing vehicles, where the facility's employees do not provide assistance to customers in the cleaning of vehicles, such as washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles, including businesses such as convenience stores, gas stations and oil change facilities, where car washing is ancillary to the primary business of the facility;
3. any person that engages in the cleaning of vehicles on an intermittent basis to raise funds for a not-for-profit organization; or
4. any federal, state or local governmental agency.
Collective bargaining representative. The term "collective bargaining representative" means a bona fide labor organization that is the recognized or certified exclusive bargaining representative of the employees of an employer under applicable law. The commissioner may request documentation as proof that the employer's employees have a collective bargaining representative.
Licensee. The term "licensee" means any individual, partnership, corporation, limited liability company, joint venture, association or other business entity that is currently licensed by the commissioner to engage in the operation of a car wash.
Mobile car wash. The term “mobile car wash” means any individual or business entity that engages in the cleaning of vehicles, including washing, detailing, drying, polishing, vacuuming, or otherwise providing cosmetic care to vehicles at a place other than a fixed business address.
(L.L. 2015/062, 6/29/2015, eff. 12/26/2015; Am. L.L. 2024/032, 1/20/2024, eff. 1/20/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062 and L.L. 2024/032.
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