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§ 19-509 Licensing of taximeter business.
   a.   It shall be unlawful for any person to engage in the business of manufacturing, selling, repairing and adjusting or calibrating taximeters or taximeter equipment for use upon any licensed vehicle in the city unless he or she shall secure a license therefor from the commission, and such person engaged in the business of installing, repairing, adjusting or calibrating taximeters shall only be licensed if he shall have a place of business within the city large enough simultaneously to accommodate at least three vehicles. Such licenses shall be issued for a period not exceeding one year and shall expire on the thirty-first day of March following the date of issue. The fee for the issuance of each such license shall be five hundred dollars per annum for each place of business licensed provided, however, that upon the issuance of a license for a period of six months or less, the fee shall be one-half the annual fee fixed by the commission.
   b.   It shall be unlawful for such person to sell or attach to a licensed vehicle for use within the city a taximeter which does not comply with the rules and regulations established by the commission, and the commission may establish such rules and regulations in respect to the taximeter business as may be reasonable to assure adequate protection of the public and enforcement of the provisions and purposes of this chapter and may require such reports and other information as it deems necessary or advisable. Any person who shall install, repair, adjust or calibrate any taximeter shall securely affix to the inside of the glass window thereon, so as to be clearly legible from the outside, a printed poster bearing his or her license number.
   c.   Fees to be charged by persons licensed pursuant to this section shall be subject to approval of the commission. In determining whether any proposed fee or fee schedules shall be approved, the commission shall take into consideration the nature of the service performed, the costs of the licensee, a reasonable profit to the licensee, fees for similar services charged in other communities, and the welfare of the taxicab and taximeter industries.
§ 19-510 Licensing of official inspection stations. [Repealed]
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/048.
§ 19-511 Licensing of communications systems and base stations.
   a.   The commission shall require licenses for the operation of two-way radio or other communications systems used for dispatching or conveying information to drivers of licensed vehicles, including for-hire vehicles or wheelchair accessible vans and shall require licenses for base stations, upon such terms as it deems advisable and upon payment of reasonable license fees of not more than five hundred dollars a year. There shall be an additional fee of twenty-five dollars for late filing of a license renewal application where such filing is permitted by the commission.
   b.   The operator of a base station shall provide and utilize lawful off-street facilities for the parking and storage of the licensed for-hire vehicles that are to be dispatched from that base station equal to not less than one parking space for every two such vehicles or fraction thereof. The commission shall establish by rule criteria for off-street parking which shall include, but not be limited to, the maximum permissible distance between the base station and such off-street parking facilities and the proximity of such off-street parking facilities and the proximity of such off-street parking facilities to residences and community facilities as defined in the zoning resolution of the city of New York. A license for a new base station shall only be granted where the applicant has demonstrated to the commission prior to the issuance of such license that off-street parking facilities sufficient to satisfy the requirements of this subdivision shall be provided.
   c.   Notwithstanding the provisions of subdivision b of this section, a license for a base station which was valid on the effective date of this section shall only be renewed upon the condition that within two years of such renewal the licensee shall provide off-street parking facilities as required by subdivision b of this section.
   d.   (1)   No license for a new base station shall be issued unless the applicant demonstrates to the satisfaction of the commission that the applicant will comply with the off-street parking requirements of subdivision b of this section and the commission finds that the operation of a base station by the applicant at the proposed location would meet such other criteria as may be established by the commission. Among the other factors which must be examined and considered by the commission in making a determination to issue a license are the adequacy of existing mass transit and mass transportation facilities to meet the transportation needs of the public any adverse impact that the proposed operation may have on those existing services and the fitness of the applicant. In determining the fitness of the applicant the commission shall consider, but is not limited to considering, such factors as the ability of the applicant to adequately manage the base station, the applicant's financial stability and whether the applicant operates or previously operated a licensed base station and the manner in which any such base station was operated. The commission shall also consider the extent and quality of service provided by existing lawfully operating for-hire vehicles and taxicabs.
      (2)   No license for a new base station shall be issued for a period of three years subsequent to a determination in a judicial or administrative proceeding that the applicant or any officer, shareholder, director or partner of the applicant operated a base station that had not been licensed by the commission.
      (3)   In its review of an application for a license to operate a new base station and in its review of an application to renew a base station license the commission shall also consider the possible adverse effect of such base station on the quality of life in the vicinity of the base station including, but not limited to, traffic congestion, sidewalk congestion and noise. In its review of an application to renew a base station license the commission shall also consider whether a determination has been made after an administrative proceeding that the operator has violated any applicable rule of the commission.
      (4)   No base station license shall be renewed where it has been determined after an administrative proceeding that the applicant has failed to comply with the off-street parking requirements set forth in subdivision b of this section or as they may have been modified pursuant to subdivision h of this section.
   e.   A licensed base station shall at all times have no fewer than ten affiliated vehicles, except that a base station for which a license was first issued prior to January 1, 1988 and which at that time had fewer than ten affiliated vehicles or a base station which has an affiliation with a wheelchair accessible vehicle may have as few as five affiliated vehicles, not including black cars and luxury limousines.
   f.   Prior to the issuance of a license for a base station or the renewal of a valid base station license, the applicant shall provide to the commission a bond in the amount of five thousand dollars with one or more sureties to be approved by the commission. Such bond shall be for the benefit of the city and shall be conditioned upon the licensee complying with the requirement that the licensee dispatch only vehicles which are currently licensed by the commission and which have a current New York city commercial use motor vehicle tax stamp and upon the payment by the licensee of all civil penalties imposed pursuant to any provision of this chapter.
   g.   Upon receiving an application for the issuance of a license for a new base station or for the renewal of a license for a base station pursuant to this section, the commission shall, within five business days, submit a copy of such application to the council and to the district office of the council member and the community board for the area in which the base station is or would be located.
   h.   Notwithstanding the provisions of subdivisions b and c of this section, the commission may reduce the number of required off-street parking spaces or may waive such requirement in its entirety where the commission determines that sufficient lawful off-street parking facilities do not exist within the maximum permissible distance from the base station or an applicant demonstrates to the satisfaction of the commission that complying with the off-street parking requirements set forth in such subdivisions would impose an economic hardship upon the applicant; except that the commission shall not reduce or waive the off-street parking requirements where it has been determined in an administrative proceeding that the applicant, or a predecessor in interest, has violated any provision of section 6-03 of the rules of the commission or any successor thereto, as such may from time to time be amended. A determination to waive or reduce the off-street parking requirements shall be made in writing, shall contain a detailed statement of the reasons why such determination was made and shall be made a part of the commission's determination to approve an application for a base station license.
   i.   The determination by the commission to approve an application for a license to operate a new base station or for the renewal of a license to operate a base station shall be made in writing and shall be accompanied by copies of the data, information and other materials relied upon by the commission in making that determination. Such determination shall be sent to the council and to the district office of the council member within whose district that base station is or would be located within five business days of such determination being made.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/050.
§ 19-511.1 Council review.
   Any determination by the commission to approve an application for a license to operate a new base station or to renew a license to operate a base station shall be subject to review by the council. Within ninety days of the first stated meeting following receipt of such determination and its accompanying materials, the council may approve or disapprove such determination by local law, after having adopted a resolution to review that determination. In the event that the council fails to act by local law within the ninety day period provided for in this section, the determination of the commission shall remain in effect. Where a base station license would otherwise expire while a determination by the commission to approve a renewal of such license is pending before the council, such license shall remain in full force and effect, unless suspended or revoked by the commission, until either the council has passed a local law to disapprove such determination or the period within which the council may act has elapsed.
§ 19-512 Transferability of taxicab licenses issued pursuant to this chapter.
   a.   Any taxicab license issued pursuant to this chapter and any renewals thereof, shall be transferable to a transferee who has demonstrated to the satisfaction of the commission that he is qualified to assume the duties and obligations of a taxicab owner.
   b.   An owner's interest in such taxicab license may be transferred involuntarily and disposed of by public or private sale in the same manner as personal property provided, however, that upon such involuntary transfer the owner's license shall immediately be cancelled and a new license issued to the purchaser or his or her vendee, provided that such purchaser or vendee satisfied the requirements of subdivision (a) hereof.
   c.   The commission may charge a fee of one hundred sixty dollars for its administrative expenses in connection with the transfer (i) of an owner's interest in a taxicab license transferable pursuant to the provisions of this section or (ii) of the stock in a corporation which is an owner of a taxicab license that is transferable pursuant to the provisions of this section.
(Am. L.L. 2017/059, 3/21/2017, eff. 3/21/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/050.
§ 19-512.1 Revocation of taxicab, for-hire or HAIL license or licenses.
   a.   The commission or successor agency may, for good cause shown relating to a direct and substantial threat to the public health or safety and prior to giving notice and an opportunity for a hearing, suspend a taxicab, for-hire vehicle license or a HAIL license issued pursuant to this chapter and, after notice and an opportunity for a hearing, suspend or revoke such license. The commission or successor agency may also, without having suspended a taxicab, for-hire vehicle license or a HAIL license, issue a determination to seek suspension or revocation of such license and after notice and an opportunity for a hearing, suspend or revoke such license. Notice of such suspension or of a determination by the commission or successor agency to seek suspension or revocation of a taxicab, for-hire vehicle license or a HAIL license shall be served on the licensee by personal delivery or by certified and regular mail within five calendar days of the pre-hearing suspension or of such determination. The licensee shall have an opportunity to request a hearing before an administrative tribunal of competent jurisdiction within ten calendar days after receipt of any such notification. Upon request such hearing shall be scheduled within ten calendar days, unless the commission or successor agency or other administrative tribunal of competent jurisdiction determines that such hearing would be prejudicial to an ongoing criminal or civil investigation. If the tenth day falls on a Saturday, Sunday or holiday, the hearing may be held on the next business day. A decision shall be made with respect to any such proceeding within sixty calendar days after the close of the hearing. In the event such decision is not made within that time period, the license or medallion which is the subject of the proceeding shall be returned by the commission or successor agency to the licensee and deemed to be in full force and effect until such determination is made, unless the commission or successor agency or other administrative tribunal of competent jurisdiction determines that the issuance of such determination would be prejudicial to an ongoing criminal or civil investigation.
   b.   It shall be an affirmative defense that the holder of the taxicab, for-hire vehicle license or a HAIL license or the owner of the taxicab, for-hire vehicle or HAIL vehicle has (1) exercised due diligence in the inspection, management and/or operation of the taxicab, for-hire vehicle or HAIL vehicle and (2) did not know or have reason to know of the acts of any other person with respect to that taxicab license, for-hire vehicle license or a HAIL license or taxicab, for-hire vehicle or HAIL vehicle upon which a suspension, proposed suspension or proposed revocation is based. With respect to any violation arising from taximeter tampering, an owner's due diligence shall include, but not be limited to, those actions set forth in subdivision h of section 19-507.1 of this chapter. Any pre-hearing suspension period shall be counted towards any suspension period made in any final determination.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/020.
§ 19-513 Repossessions.
   Any taxicab which is transferred involuntarily because of a default in the payment or installments due under the contract of sale, or any other contract or in any other manner whereby the license holder's interest in the license is not also transferred, and which is disposed according to law at public or private sale, may be operated by the purchaser thereof or his or her vendee, provided such purchaser or vendee is acceptable to the commission as a person suitable to receive a license. Upon such involuntary transfer, the license of said taxicab shall be cancelled immediately and a temporary, nontransferable, nonrenewable license issued to such purchaser or vendee for a period not exceeding one year upon the payment of a fee of not exceeding one hundred dollars therefor. At the end of such time, the original holder of the license, or his or her transferee if the license was first issued before the effective date of this chapter, shall be entitled to renewal of the license, provided that the provisions of subdivision (a) of section 19-512 of this chapter are complied with by such applicant, whether he or she is the original holder or a transferee.
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