Subchapter A: General Provisions
For the purposes of this Chapter, the following terms shall have the following meanings:
Code. "Code" shall mean the Administrative Code of the City of New York.
Commissioner. "Commissioner" shall mean the Commissioner of the Department of Information Technology and Telecommunications or any successor agency.
Department. "Department" shall mean the Department of Information Technology and Telecommunications or any successor agency.
Owner. "Owner" shall mean a natural person or business entity that owns, leases, or is otherwise responsible for the installation, operation and maintenance of a public pay telephone.
Public Nuisance. "Public Nuisance" shall mean a public pay telephone which the Commissioner has reasonable cause to believe is used on a regular basis in furtherance of unlawful activity.
Public Pay Telephone. "Public Pay Telephone" shall mean a telephone and associated equipment, from which calls can be paid for at the time they are made by a coin, credit card, prepaid debit card or in any other manner which is available for use by the public and provides access to the switched telephone network for the purpose of voice or data communications. The term "Public Pay Telephone" shall include any pedestal or telephone bank supporting one or more such telephones, associated enclosures, signage, and other associated equipment.
Public Pay Telephone Installation. A "Public Pay Telephone Installation" shall mean an installation, including the telephone, pedestal and housing of such telephone, with one or more public pay telephones on a pedestal, one or more public pay telephones in an in-line configuration, or a public pay telephone attached to another structure.
Street. "Street" shall have the meaning ascribed thereto in subdivision thirteen of § 1-112 of the Code.
Substantial Common Ownership. "Substantial Common Ownership" shall mean that:
(i) one or more chains of business entities (a business entity shall include but not be limited to corporations, partnerships or limited liability companies) are connected through stock ownership with a common parent business entity, and the common parent business entity owns at least 50 percent (50%) of the total value of shares of all classes of stock in at least one of the other business entities, or stock possessing at least 50 percent (50%) of the combined voting power of all classes of stock in each of the business entities is owned by one or more of the other business entities; or
(ii) two or more business entities are owned by 5 or fewer persons who are individuals, estates or trusts, and those persons own at least 50 percent (50%) of the total value of shares of all classes of stock in all of the business entities, or stock possessing at least 50 percent (50%) of the combined voting power of all classes of stock in all of the business entities; or
(iii) there are three or more business entities, each of which is a member of a group of business entities described in subparagraph (i) or (ii), and one of which is a common parent business entity included in a group of business entities described in subparagraph (i) and subparagraph (ii).
(Amended City Record 7/9/2015, eff. 8/8/2015)
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