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(a) Upon the death of a licensed general vendor, the Department shall transfer the license to the surviving spouse, if any, of the general vendor if the spouse informs the Department he or she desires to use the license. If there is no surviving spouse or if the surviving spouse elects not to use the license, the Department shall transfer the license to the guardian of a surviving minor child or children of the general vendor, provided the guardian intends to use the license for the support of the minor child or children. The Department shall issue a general vending license to the applicable party in his or her name upon submission to the Department of proof of the conditions upon which the transfer is based. The license shall revert to the Department for reassignment upon the death of the surviving spouse to whom the license has been transferred, or when:
(1) the surviving spouse to whom the license has been transferred remarries;
(2) the youngest minor child of the deceased licensed general vendor reaches the age of eighteen; or
(3) the surviving spouse to whom the license has been transferred, or the guardian of the minor child or children to whom the license has been transferred, elects not to use the license to vend in the city of New York or abandons the use of the license.
Temporary periods when the surviving spouse or guardian do not vend shall not cause the license to revert to the Department in the absence of other evidence of an intent to abandon the use of the license; however, a period of six months or more in which the holder of the license does not vend shall create a rebuttable presumption that the spouse or guardian has abandoned the use of the license.
In the event that the surviving spouse to whom the license has been transferred, or the guardian of a surviving minor child or children to whom the license has been transferred, dies before the youngest minor child reaches the age of eighteen, any new guardian must submit a request to the Department for transfer of the license. Any license so transferred shall revert to the Department by operation of law when the youngest minor child reaches the age of eighteen.
(b) If a licensed general vendor becomes totally and permanently disabled, he or she may transfer the license to his or her spouse or, if the licensee has no spouse, to an adult child if the child assumes the duty to support the licensee. The Department shall issue a general vending license to the applicable party in his or her name upon submission to the Department of proof of the conditions upon which such transfer is based. The license shall revert to Department when:
(1) the general vendor who held the license immediately before the transfer dies;
(2) the spouse to whom the license has been transferred dies or divorces the general vendor who held the license immediately before the transfer; or
(3) the child to whom the license has been transferred dies or renounces the obligation to support the general vendor who held the license immediately before the transfer.
(c) For purposes of this section, "spouse" includes a domestic partner.
(d) Except as provided for in this section, no general vending license, and no interest in any general vending license, may be sold, lent, leased or transferred.
(Added City Record 3/7/2016, eff. 4/6/2016)
(a) Definitions. As used in this chapter, the following terms have the following meanings:
"Disability" means a physical or mental impairment that substantially limits one or more major life activities or major bodily functions and that permanently or temporarily impairs an individual's ability to operate a general vending business.
"Major bodily functions" include functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
"Major life activities" include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
(b) Request for Authorization.
(1) Subject to the restrictions set forth in this rule, a general vendor holding a current General Vendor's license with a disability may use individuals as helpers in the operation of his or her general vending business, even if such individuals do not have general vending licenses.
(2) A general vendor must request authorization to use helpers on forms prescribed by the Department, including a certification form to be completed by an appropriate licensed health care professional who has examined the general vendor. The licensed health care professional must: (i) attest to the existence of a disability; (ii) describe with specificity how the disability impairs the vendor's ability to operate a general vending business; and (iii) state whether the disability is permanent or temporary, and in the case of a temporary disability, the likely duration of the disability. The Department may require applicants to submit supplemental medical reports or certifications to verify the continued existence of a temporary disability.
(3) The Department shall maintain the confidentiality of all medical records and information submitted by the general vendor seeking authorization to use helpers unless required to be produced pursuant to law.
(4) The Department shall make a determination as soon as is practicable after receiving all requested documents and information. The Department shall then inform the party seeking authorization in writing whether the request has been approved or denied.
(5) If the request is approved, the Department shall provide the vendor with an amended license, with an endorsement on the front or back of the license that the licensee is authorized to use helpers. The endorsement shall specify the period during which the licensee is authorized to use helpers.
(6) The licensee shall surrender his or her current license to the Department upon receipt of the amended license.
(c) Use of Helpers.
(1) The licensee must be physically present at the vending display at all times that his or her general vending business is being operated. Helpers may not engage in the operation of the general vending business unless the licensee is physically present. In the event that the licensee is temporarily absent from the vending display and the helper remains at the vending display, the vending display must be covered so as to alert potential purchasers that the display is closed for business. The presence of a helper at an uncovered vending display, without a licensee present, shall constitute unlicensed vending activity.
(2) The licensee may use the services of only one helper at any given time. Use of more than one helper at a time shall constitute unlicensed vending activity.
(3) The licensee shall maintain a chronological log of his or her use of helpers, on a form prescribed by the Department, which shall indicate the date and time of all helper use, and the name, address and phone number of each helper used. The log shall be available for inspection at all times during which the licensee's general vending business is operating, and may be inspected by an inspector of the Department or by a police officer.
(4) The licensee will be responsible for ensuring that helpers comply with all applicable laws, rules and regulations at all times that the helpers are assisting with the general vending business, and the licensee shall be deemed liable for any breach caused by any act or omission of a helper.
(5) The licensee will be responsible for ensuring that helpers are in possession of photo identification at all times such helper is assisting with the general vending business.
(6) The Department may revoke authorization to use helpers, or revoke authorization for a particular helper, in the event that either the licensee or any of his or her helpers has failed to comply with applicable laws, rules or regulations, or if the Department determines that the licensee is not, or does not continue to be, a general vendor with a disability.
(7) The Department will provide the licensee with notice and a reasonable opportunity to cure non-compliance with applicable laws, rules or regulations prior to revoking authorization to use helpers or a particular helper.
(8) The Department will not revoke authorization to use helpers without giving the licensee notice and an opportunity to appear and rebut any claim that the licensee (i) has violated applicable laws, rules or regulations, and has failed to cure any violation, or (ii) is not, or does not continue to be, a general vendor with a disability.
(d) Termination of Authorization for the Use of Helpers.
(1) For disabilities deemed permanent by a licensed health care professional pursuant to subdivision (b)(2)(iii) of this section, authorizations to use helpers will terminate on the license expiration date of the then active license. Upon renewal of the license, the renewal license will carry the helper endorsement or other indication of authorization, which will terminate on the license expiration date of the renewal license.
(2) For disabilities deemed temporary by a licensed health care professional pursuant to subdivision (b)(2)(iii) of this section, authorizations to use helpers will terminate at the end of the endorsement period indicated on the license or on the license expiration date, whichever is sooner. If a temporary authorization is needed beyond the license expiration date, the renewal license will carry the temporary helper endorsement, which will terminate at the end of the endorsement period or on the expiration date of the renewal license, whichever is sooner.
(Added City Record 5/26/2016, eff. 6/25/2016)
(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
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)
(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
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)
(a) It is a deceptive practice for a storage warehouse operator to accept, or offer to accept, household goods for storage without issuing the consumer a written estimate, based upon an actual physical inspection, before any goods are removed to storage, except that if a customer requests that the warehouse operator accept household goods for storage without receiving a written estimate the warehouse operator, before receiving any goods:
(1) shall have the consumer sign a statement waiving his/her right to a written estimate and giving the reasons therefor;
(2) shall orally communicate to the consumer the information required by 6 RCNY § 2-322;
(3) shall, within 5 business days after arrival of the consumer's goods at the warehouse, send the consumer a statement based upon an examination of the goods being stored, containing the following information:
(i) the monthly charge for storage of the goods (including any minimum number of months' storage charge);
(ii) if applicable, the charge for packing, padding, papering, containers, warehouse labor in, transportation to the warehouse, storage preparation or sanitizing;
(iii) any other charges that will be imposed by the storage warehouse operator;
(iv) any limitation on legal liability for the negligent loss or damage to the goods.
(b) It is an unconscionable practice for a storage warehouse operator to directly or indirectly discourage a consumer from receiving a written estimate based upon an actual physical inspection.
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