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A licensee shall notify the Department in writing of any change of address within 10 days of the change. This requirement applies to the address of the licensed business, and to the residence addresses of: individual licensees; all partners of partnership licensees; and the officers and principal stockholders of corporate licensees.
(a) Except as provided in subdivision (b), any application for a license renewal that is filed sixty days or more after the expiration date of such license will be treated as a new license application.
(b) Any application for a renewal of a license subject to Emergency Executive Order number 107 of 2020, received by the Department within 60 days of the effective date of this subdivision, will be treated as a renewal application.
(Amended City Record 8/22/2022, eff. 8/22/2022)
(a) Lost license or license plate. A licensee shall immediately report, in an affidavit, the loss of a license or license plate issued to him or her by the Department, requesting the issuance of a new license or plate. Replacement licenses and plates are issued at the discretion of the Department.
(b) Mutilated license or license plate. Should a license or license plate issued by the Department to any licensee become mutilated or otherwise illegible, the holder of the license or plate shall promptly surrender it to the Department and request the issuance of a new license or plate. The request shall be made upon a form provided by the Department.
(c) Fee. A fee of fifteen dollars ($15) shall be charged for the issuance of a replacement license, and a fee of twenty-five dollars ($25) shall be charged for the issuance of a replacement license plate. This fee must be paid when the affidavit for a lost license or plate is filed or when a mutilated or otherwise illegible license or plate is surrendered and a request for the issuance of a new license or plate is filed. This fee will be refunded should the Department decide not to issue the replacement license or plate. This fee shall not be charged if the license or license plate is not received by the licensee and the Department receives a certification from the licensee that such license or license plate was not received within 30 days of the license or license plate being issued.
(d) Lost or stolen records. A licensee shall report to the Department, in an affidavit, the loss or theft of any records required to be maintained by it under Chapters 1 and 2 of Title 20 of the New York City Administrative Code, within ten calendar days of such loss or theft.
(Amended City Record 2/24/2020, eff. 3/25/2020)
Any licensee or license applicant who, in payment of a license fee, renewal fee, fine or other fee or charge assessed by the Department, tenders or causes to be tendered to the Department a check or other item that is subsequently dishonored, shall pay to the Department, in addition to any other fees or penalties provided by law, the amount of any fee for a dishonored check or other item that is charged to the Department for such check or item.
A licensee or license applicant must respond in writing to the Department about any complaint sent to the licensee or applicant by the Department. The response must be made within 20 days of the date the complaint is sent to the licensee or applicant and must set forth the licensee's or applicant's position regarding the transaction which is the subject of the complaint, including the facts which the licensee or applicant believes justify its position. The licensee or applicant must also provide with its response any documents in its possession related to the transaction which is the subject of the complaint. The licensee or applicant must respond to subsequent communications from the Department concerning the complaint within 10 days after receiving a communication. The Department may rely on any complaint, regardless of whether it has been resolved, or any response to such complaint, in any subsequent Department action, including, but not limited to, decisions to deny, suspend, or revoke an application or license.
(Amended City Record 2/24/2020, eff. 3/25/2020)
(a) This section applies to requests for documents, subpoenas, interrogatories, or notices of depositions issued to licensees or applicants pursuant to Section 2203 of the Charter, Title 20 of the New York City Administrative Code, or any other provisions of law or rule within the jurisdiction of the Department.
(b) A licensee must reply to a subpoena, a request for documents or interrogatories within twenty days of the date the request was mailed or otherwise served upon the licensee.
(1) If the licensee fails to respond to a subpoena, a request for documents or interrogatories, the licensee is liable for a separate violation for each day the licensee fails to respond to the requests.
(2) If the licensee provides an incomplete response to a subpoena, a request for documents or interrogatories, the Department may send a deficiency letter to the licensee. If the licensee does not provide a complete response within 14 days of the deficiency letter being sent, the licensee is liable for a separate violation for each day the licensee fails to provide a complete response. If the licensee provides an incomplete response to a subpoena, a request for documents or interrogatories, or to a subsequent deficiency letter, there will be a presumption that the licensee has neglected to respond to each such subpoena, request for documents, interrogatory, or deficiency letter unless the licensee states that the licensee has no responsive documents to that particular request or no information responsive to that particular interrogatory.
(3) Licensees must include a notarized certification that each subpoena, request for documents or interrogatory was answered fully and truthfully, accompanying their response. Responses to a subpoena, request for documents or interrogatories will not be deemed complete until they are accompanied by such certification.
(c) A licensee must appear at a time and place designated by the Department for a deposition. Failure to appear for a noticed deposition will be grounds for revocation of the licensee's license upon notice and opportunity to be heard. If the licensee is an individual, he or she must appear; if a partnership, one of its general partners with relevant knowledge of the partnership must appear; and if a corporation or limited liability company, one of its members or officers with relevant knowledge of the corporation must appear.
(d) The Department may serve subpoenas, interrogatories, requests for documents, and notices of deposition upon an applicant regarding materials related to a license or renewal application. Failure by the applicant to fully respond to a subpoena, interrogatories or a request for documents, or to appear for a deposition, within twenty days of the mailing date of the request or of the date indicated on the notice of deposition will be grounds for denial of the license application.
(e) Subpoenas, interrogatories, requests for documents and notices of deposition pursuant to this section may be served by ordinary mail addressed to the licensee's or applicant's place of business. They may also be served by ordinary mail addressed to the residence of an individual licensee; the residence of a general partner of a partnership licensee; the residence of an officer or principal stockholder of a corporate licensee, or the residence of a member of a limited liability company licensee. They may also be served by email if an email address has been provided by the licensee or applicant.
(f) Upon good cause shown, the Department may extend the time to respond as required under this section.
(Amended City Record 2/24/2020, eff. 3/25/2020)
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