§ 2-319 Waiting List for General Vendor Licenses.

   (a)   The Department shall establish and maintain a waiting list of prospective applicants for general vendor licenses that become available to individuals who are not veterans that are automatically granted a general vendor license under article four of the general business law or § 20-455.1 of the Administrative Code.

   (b)   Publication and Notice. The Department shall publish in the City Record and on the Department's website a notice inviting individuals to submit requests to be included on the waiting list. This notice shall be republished whenever the Department determines that the number of prospective applicants on the waiting list has fallen below 300. The notice shall be published no later than 60 days after the Department makes this determination and at least 45 days before the Department accepts requests to be included on the waiting list.

   (c)   Content of Notice. The notice shall specify: (1) the date on which the Department will begin accepting requests; (2) that requests will be accepted for the next 30 days; (3) that on the 31st day, the waiting list will close and will not be open again until the Department determines that the number of prospective applicants have fallen below 300; (4) that requests may be submitted in person at any of the Department's Licensing Centers, on-line via the Department's website or by regular mail via an envelope postmarked within the 30 day acceptance period; (5) that all requests must include the prospective applicant's' full name and contact address; (6) that prospective applicants must provide written notification to the Department's Licensing Division of any change of address and that failure to so provide may result in the loss of the waiting list position; (7) that prospective applicants may not occupy more than one position on the waiting list; (8) that positions on the waiting list are not transferrable; and (9) the street and web addresses where requests and changes of address could be sent to the Department.

   (d)   Assignment to the New Waiting List. Prospective applicants will be assigned positions on the waiting list pursuant to the following procedure:

      (1)   Within 60 days after the close of the waiting list, each prospective applicant will be assigned a number using a computer-generated random number selection program.

      (2)   The Department will then assign waiting list positions to prospective applicants in ascending order using the numbers assigned by the selection program ("prospective applicant rank").

      (3)   The Department will notify prospective applicants of their number on the waiting list in writing to the address provided in the request.

   (e)   Withdrawal From That Waiting List. A prospective applicant may withdraw from the waiting list by providing written notice to the Department's Licensing Division in person or by mail.

   (f)   Offer of Available General Vendor Licenses to Waiting List Applicants. The Department shall offer the opportunity to apply for available general vendor licenses to prospective applicants on the waiting list in the order of their prospective applicant rank. The Department shall provide written notice of the offer at the address provided in the prospective applicant's request or in the change of address. Such notice shall specify that:

      (1)   Prospective applicant must submit a completed general vendor application, together with required fees, within 60 days of the date of the offer; and

      (2)   If the Department does not receive the completed application and fees within the specified time period, the offer will be deemed refused and the waiting list position surrendered.

   (g)   Issuance of General Vendor License. General vendor licenses will be issued to those prospective applicants who successfully complete the general vendor application, pay all related fees and satisfy all other eligibility criteria set forth in the relevant laws and rules.

(Added City Record 9/2/2016, eff. 10/2/2016)

Subchapter BB: Storage Warehouses

§ 2-321 Definitions.

For purposes of this subchapter:

   Bill for services. "Bill for services" means a writing signed by the storage warehouse operator or his authorized agent stating the total costs for the following:

      (1)   the monthly charge for storage of the goods;

      (2)   if applicable, the charge for a minimum number of months' storage;

      (3)   the charge for packing, containers, warehouse labor in, transportation to the warehouse, padding or sanitizing;

      (4)   any charges imposed by the storage warehouse operator, including the charges for warehouse labor out and transportation from the warehouse, if applicable.

   Inventory. "Inventory" means an itemized list, signed by the storage warehouse operator or his authorized agent, indicating the condition of each item which is being stored.

   Written estimate. "Written estimate" means a writing signed by the storage warehouse operator or his authorized agent setting forth:

      (1)   the charge, if applicable, but not exceeding $20 for the written estimate based upon an actual physical inspection;

      (2)   a tally of the household goods included in the estimate, which shall not be construed to be an inventory as defined by 6 RCNY § 2-321 "Inventory"

      (3)   the estimated monthly charge for storage of the goods;

      (4)   if applicable, the estimated charge for packing, containers, warehouse labor in transportation to the warehouse, padding or sanitizing;

      (5)   if applicable, the minimum monthly charge or the minimum number of months' storage charge;

      (6)   any other charges imposed by the storage warehouse operator, including a statement that there will be a charge for "warehouse labor out" and "transportation from the warehouse" and a description of how these charges will be calculated;

      (7)   any limitation on liability for loss or damage to household goods;

      (8)   the name, principal place of business and telephone number of the storage warehouse operator, and the street address, borough and telephone number where the goods will be stored.

(Amended City Record 7/26/2018, eff. 8/25/2018)

§ 2-322 Oral Disclosures.

   (a)   It is a deceptive practice for a storage warehouse operator to fail to disclose to a consumer in response to a telephone inquiry about storage:

      (1)   that the consumer has a right to a written estimate based on a physical inspection of the consumer's goods before any goods are removed by the warehouse operator;

      (2)   the charge, if applicable, but not exceeding $20, for the written estimate based upon a physical inspection;

      (3)   the street address and borough where the goods will be stored;

      (4)   whether there is a minimum monthly storage charge or charge for a minimum number of months' storage and, if so, the amount of the charges;

      (5)   the warehouse operator's storage rate per unit;

      (6)   the total charge customarily imposed by the warehouse operator for three months' storage of the following bedroom furniture:

         1 double bed or 2 single beds
         1 bureau or dresser
         1 chair
         1 night table

      (7)   whether the warehouse operator imposes charges for warehouse labor in, padding, papering, storage preparation, or sanitizing and, if so, the amount of the charges;

      (8)   the warehouse operator's transportation charges to the warehouse;

      (9)   the warehouse operator's charge for containers;

      (10)   the warehouse operator's charge for packing;

      (11)   any other charges that will be imposed by the warehouse operator.

   (b)   It is a deceptive practice for a storage warehouse operator to fail to:

      (1)   give a consumer a printed copy of the oral disclosures prior to picking up the goods for storage;

      (2)   retain a copy of the disclosures signed by the consumer acknowledging receipt thereof.

   (c)   It is a deceptive practice for a storage warehouse operator to represent any service as legally mandatory when it is optional (e.g. sanitizing).

(Amended City Record 7/26/2018, eff. 8/25/2018)