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(a) An applicant for the issuance or renewal of a license must furnish a bond consistent with the requirements set forth in § 20-542 of the Administrative Code.
(b) An applicant seeking to furnish a bond in the sum of thirty thousand dollars must:
(1) submit a collective bargaining agreement to the Department and certify that such agreement satisfies the requirements set forth in § 20-542(b)(1) of the Administrative Code; or
(2) submit an active monitoring agreement to the Department and identify the provisions in the monitoring agreement that satisfy the requirements set forth in § 20-542(b)(2) of the Administrative Code.
(c) If a collective bargaining agreement submitted pursuant to paragraph 1 of subdivision b of this section is modified or amended, expires or otherwise terminates during the term of the license, the licensee must:
(1) submit a current collective bargaining agreement to the Department and certify that such agreement satisfies the requirements set forth in § 20-542(b)(1) of the Administrative Code within 15 days of such modification, amendment, expiration or termination; or
(2) furnish a bond in the sum of one hundred fifty thousand dollars consistent with the requirements set forth in § 20-542 of the Administrative Code.
(d) If an active monitoring agreement submitted pursuant to paragraph 2 of subdivision b of this section is modified or amended, expires or otherwise terminates during the term of the license, the licensee must:
(1) submit a current active monitoring agreement to the Department and identify the provisions in the monitoring agreement that satisfy the requirements set forth in § 20-542(b)(2) of the Administrative Code within 10 days of such modification, amendment, expiration or termination; or
(2) furnish a bond in the sum of one hundred fifty thousand dollars consistent with the requirements set forth in § 20-542 of the Administrative Code.
(e) Every licensee shall maintain the surety bond in the amount required by § 20-542 of the Administrative Code throughout the term of the license.
(f) Licensees shall immediately notify the Department in the event of the termination of, or other material change in, the surety bond required by § 20-542 of the Administrative Code.
(g) Licensees shall furnish a surety bond to the Department upon request of the Department.
(Added City Record 9/26/2016, eff. 10/26/2016)
(a) Chronological complaint log. Each licensee must maintain a chronological log in an electronic format documenting complaints of damage to vehicles. The log must contain the following information where applicable:
(1) Date of complaint;
(2) Date licensee received complaint;
(3) Name, address, phone number and email address of individual or entity making the complaint;
(4) Make and model number of vehicle;
(5) Date licensee washed vehicle;
(6) Description of complaint;
(7) Whether individual or entity making complaint provided photos or other documents;
(8) Resolution of complaint, including amount of compensation and method of payment;
(9) Name and address of insurance company or third party involved in resolution, if any, and claim number;
(10) Date of resolution;
(11) Employee or manager who handled the complaint;
(12) License plate number of vehicle(s) used to provide Mobile Car Wash Services that are the subject of the complaint; and
(13) Name of operator of vehicle used to provide Mobile Car Wash Services that are the subject of the complaint.
(b) Photographs and other documents. The licensee must maintain copies of all documents, relating to the complaint, including photographs, provided by the individual or entity making the complaint, third parties or the licensee.
(c) Method of electronic recordkeeping. The licensee must make an electronic record of the log by one of the following methods:
(1) Within twenty-four hours after the complaint is received, entering the information in English on an electronic Excel spreadsheet provided by the Department and made accessible at an Internet address provided by the Department, or
(2) Within twenty-four hours after the complaint is received, entering the information in English on a spreadsheet, local application or web-based system that:
(i) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and;
(ii) is in an Excel-readable format.
(3) If the complaint is not resolved the same day as it is received, the resolution information required by paragraph (8) of subdivision (a) must be entered within twenty-four hours after the complaint is resolved.
(d) Format, preservation and production of records.
(1) Electronic records must be maintained in a manner designed to ensure their security and preservation, including by creation of back-up copies.
(2) Upon request by the Department, a licensee must produce electronic records to the Department in the format in which the licensee maintains the electronic files.
(3) Upon request by the Department, a licensee must produce all documents and photographs required to be maintained to the Department.
(4) The licensee shall produce the electronic records, documents and photographs to the Department with its renewal application.
(Added City Record 9/26/2016, eff. 10/26/2016; amended City Record 1/28/2020, eff. 2/27/2020)
(a) Definitions.
Mobile Car Wash Services. The term "Mobile Car Wash Services" means any car washing services that are performed at a place other than the fixed business address of the car wash.
Mobile Car Wash. The term "Mobile Car Wash" means any individual, group of individuals, or business that provides Mobile Car Wash Services.
(b) License required. Each Mobile Car Wash is required to be licensed.
(c) Additional application requirements for Mobile Car Washes.
(1) In addition to the information and documentation required by § 20-541(d) of the Administrative Code, Mobile Car Wash applicants for a license required by this section must submit the following:
(i) The make, model, and license plate number of each vehicle used by the applicant for Mobile Car Wash Services;
(ii) Certification that all such vehicles are in compliance with all applicable laws and rules; and
(iii) Certification that all operators of such vehicles are legally allowed to operate them.
(2) An application for the renewal of a license granted pursuant to this section must include up-to-date information regarding the make, model, and license plate number of each vehicle used by the applicant for Mobile Car Wash Services.
(d) Display of license. Licensees must conspicuously display the license or a copy of the license in every vehicle used to provide Mobile Car Wash Services while such services are being provided. The license or copy of the license must be easily visible from the outside of the vehicle through either its back window or front windshield.
(Added City Record 1/28/2020, eff. 2/27/2020)
Subchapter II: Ticket Sellers
(a) Transactions log. Each licensee must maintain a log in a form prescribed by the Department documenting every instance the licensee received a ticket or set of tickets for vending. The log must contain the following information, which must be entered legibly and in English:
(1) the date the licensee received the ticket or set of tickets for vending;
(2) the name, address, and ticket seller license number, if any, of the individual and company that provided the ticket or set of tickets;
(3) the place of entertainment, mode of transportation, or guided tour for which the ticket or set of tickets was intended to be vended;
(4) the price that the licensee paid for the ticket or set of tickets, if any; and
(5) if the licensee sold the ticket or set of tickets:
(i) whether the ticket or set of tickets were sold to a consumer or another ticket seller;
(ii) if the ticket or set of tickets were sold to a ticket seller, the recipient's name, address, and ticket seller license number;
(iii) the price the consumer or ticket seller paid for the ticket or set of tickets; and
(iv) the location of the sale (e.g., nearest block face, place of entertainment, plaza, or pedestrian plaza).
(b) Receipts. Each licensee must retain a copy of every receipt it provides to a consumer, pursuant to 6 RCNY § 5-32.
(c) Preservation and production of records. Each licensee must retain all records required by this section for three years and must produce such records to the Department upon the Department's request.
(Added City Record 2/27/2018, eff. 3/29/2018)
Sellers of trips or tours involving the Statue of Liberty or Ellis Island that do not land at Liberty Island or Ellis Island may not possess or vend a ticket for such trip or tour unless the ticket contains the following disclosure, printed so as to be legible to the consumer in bold type of a size at least one-half as high and one-half as broad as the largest print on the ticket: "This trip or tour does not land at Liberty Island or Ellis Island." If a trip or tour lands at Liberty Island but not Ellis Island, the required disclosure must read: "This trip or tour does not land at Ellis Island." If a trip or tour lands at Ellis Island but not Liberty Island, the required disclosure must read: "This trip or tour does not land at Liberty Island." This subdivision does not apply if the trip or tour lands at both Liberty Island and Ellis Island.
(Added City Record 10/25/2019, eff. 11/24/2019)
(a) A ticket seller must not represent or imply that a trip or tour includes a destination, perk, advantage, or benefit that the trip or tour does not actually include.
(b) A ticket seller must not represent or imply that payment is required for any trip or tour that may otherwise be obtained for free, including, but not limited to, the Staten Island Ferry.
(Added City Record 10/25/2019, eff. 11/24/2019)
Subchapter JJ: Electronic Cigarette Retail Dealers
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