§ 2-405 Changes in Officers and Directors and Transfer of Corporate Stock of Corporate Licensees.

The Commissioner shall be notified of a prospective change in the officers or directors of a corporate licensee, or of any prospective transfer of the capital stock of such corporation, at least 10 days before such change or transfer is made.

§ 2-406 Display of License.

A licensee shall conspicuously post its license at the place of business identified on the signs required by 6 RCNY § 2-401.

§ 2-407 Identification Badge.

   (a)   A licensee shall issue a laminated, tamper-proof identification badge to each individual who is an employee of the licensee and who is authorized by the licensee to engage in booting, and to each person who is authorized to accept payment for releasing vehicles booted by such licensee or such licensee's employees.

   (b)   Such identification badges shall be made from forms to be furnished by the Department. There shall be affixed to such badge a current two and one-half inch square or oval photograph of the individual to whom it is issued. The name of such individual and a sequentially issued, non-duplicative identification number shall be printed in capital letters in 24 point bold face type on such form. The licensee's business name also shall be printed on such form in capital letters and its license number shall be printed on such form in numerals in at least 12 point bold face type.

   (c)   Such identification badge shall be displayed by the individual to whom it is issued upon request.

   (d)   A licensee shall maintain an updated record of all identification badges issued. The record shall be maintained in the chronological order that the identification numbers for the badges have been assigned and shall include the identification number, the name of the individual to whom it was issued, the date on which the individual was first employed or authorized to accept payment for the release of booted vehicles, the date the badge was issued, the date on which the individual was last employed or authorized to accept payment for the release of booted vehicles, and the date on which the badge was returned by such individual.

§ 2-408 Licensee's Duty to Keep Records.

   (a)   A licensee shall maintain the following complete, accurate, and legible records and receipts to substantiate that vehicles are booted in compliance with the requirements of § 19-169.2 of the New York City Administrative Code, the requirements of Subchapter 32, Chapter 2 of Title 20 of the New York City Administrative Code and the requirements of these rules. Corrections in records or receipts shall be made only by drawing a single straight line through the inaccurate entry and clearly printing the accurate information directly above the inaccurate entry. A licensee shall not use any other method of correction, including, but not limited to, erasing, opaquing, obliterating or redacting.

   (b)   A licensee shall maintain a "time of first sighting log" for each property where the parking rules provide for the booting of vehicles parked for longer than a specified time period. Such a log shall be kept in the following form and manner and contain the information indicated below:

      (1)   The log for each such property shall be identified on the first page by the address of the property to which the entries pertain and the name of the owner of the property and shall be kept chronologically in a permanently bound, paginated volume with lined pages. The entries for each day shall start on a new page which shall include the following notation on the line immediately preceding the first entry: "Start of first sighting log entries for (insert date)."

      (2)   The log shall note the exact time, accurate to the nearest minute, when a vehicle was first observed on the property, the vehicle's license plate number, and the exact time, accurate to the nearest minute, when the vehicle was observed parked beyond the time period allowed according to the posted parking rules. The initial entry about each such vehicle shall be made in the log contemporaneously with the first sighting of the vehicle by the licensee or his or her employee or agent.

      (3)   The following notation shall be written in the line immediately after the last entry for each day: "End of entries for (insert date)."

      (4)   The log shall be maintained and be available for inspection on the property to which the entries pertain at all times when vehicles parked on the property are subject to booting; otherwise the log shall be kept and be available for inspection subject to the provisions of § 20-534 of the New York City Administrative Code.

   (d)   Each licensee shall issue to the owner or other person in charge of a booted vehicle a receipt that contains the information required by the following paragraphs in the form and manner described below and shall retain an identical copy of each such receipt in its records:

      (1)   The booting receipt shall be a printed form that includes such captions and blank spaces as are appropriate to insert the information to be furnished concerning the booting of a vehicle. Unless specifically provided otherwise, the printed text shall be in no less than 10-point type in a color that is sharply set off from the background color of the document. The information to be inserted on the form shall be legibly hand printed on the original page with indelible ink that is sharply set off from the background color of the document. The original and all duplicate pages of each receipt form shall contain the following information and text in the order listed below:

         (i)   the words "BOOTING RECEIPT" at the top of the page in 12-point bold face type;

         (ii)   a receipt identification number, which shall be issued in sequence, shall be non-duplicative and shall be imprinted on the original page and all duplicate pages of each such receipt;

         (iii)   the name, business address, business telephone number and license number of the licensee who booted or who authorized or directed an employee to boot the vehicle;

         (iv)   the address of the property where the vehicle was booted and a description of the location of the vehicle on such property;

         (v)   the vehicle license place number, the vehicle identification number, the make and color of the vehicle;

         (vi)   the words "THE VEHICLE WAS BOOTED BECAUSE:" in 12-point bold face type followed by a full and accurate description of the facts that substantiate the failure to comply with the parking rules posted on the property pursuant to 6 RCNY § 2-401; if the failure to comply involves parking longer than the time period permitted pursuant to the posted parking rules, the description shall include the exact time, accurate to the nearest minute, when the parked vehicle was first observed and when it was observed to be parked beyond the posted, specified time period;

         (vii)   the date and the exact time, accurate to the nearest minute, when the vehicle was booted;

         (viii)   the amount of the charge for removing the boot, followed by the Statement identifying the credit cards that may be used for payment;

         (ix)   the amount paid for the booting charge, the method of payment, the date and the time, accurate to the nearest minute, when the booting charge was paid and when the boot was removed from the vehicle;

         (x)   the name, identification badge number and initials of the employee who attached and/or who removed the boot, and the name, identification badge number and signature of the authorized individual who accepted payment for the booting charge, unless and if such vehicle is booted and/or such payment for the booting charge is accepted by the licensee himself or herself, in which case such receipt shall indicate the licensee's personal name and initials;

         (xi)   the words "IMPORTANT NOTICE TO OPERATOR OF BOOTED VEHICLE:" followed by the statement set forth herein: "THE CHARGE FOR BOOTING AND/OR TOWING THE VEHICLE CANNOT BE MORE THAN THE AMOUNT SHOWN ON THE SIGNS POSTED ON THIS PROPERTY. A CAR CAN BE BOOTED AND A CHARGE IMPOSED ONLY IF THE VEHICLE WAS PARKED IN VIOLATION OF THE POSTED PARKING RULES. A BOOTING LICENSEE MUST STATE IN THIS NOTICE THE FACTS THAT SUBSTANTIATE HOW THE POSTED PARKING RULES WERE VIOLATED. SEE THE BACK OF THIS FORM FOR MORE INFORMATION ABOUT YOUR RIGHTS."

         (xii)   the name of the owner or lessee of the property on which the vehicle was booted and the address and telephone number where such owner can be reached during normal business hours;

         (xiii)   the name and address of the Department, which is to be identified as the licensing agency, and the telephone number where booting complaints can be filed with the Department.

      (2)   The booting receipt to be furnished to the owner or person in control of the vehicle also shall have printed thereon the following statement in 10 point type in a color that sharply sets the text off from the background color of the page:

         "NOTICE OF RIGHTS: "You are entitled to ask for a hearing before the Department of Consumer Affairs if you dispute the justification you were given or the amount you were charged for the booting of your vehicle, or for other violations of law or the rules governing booting. "No release or waiver of any kind purporting to limit or avoid liability for damages to a vehicle that has been booted shall be valid. "If you dispute the accuracy of any claims made by the licensee's employee or the person authorized to accept payment, or the owner of the property on which your vehicle was booted, obtain as much information or names of witnesses that can verify your claims."

      (3)   Each booting receipt shall consist of an original page and at least one clearly legible duplicate page. All completed duplicate pages shall be identical copies of the original page.

      (4)   The licensee or the employee who is authorized or directed to boot a vehicle shall enter the number of the receipt to be provided upon release of the vehicle on the window sticker attached to such vehicle.

   (e)   Each licensee shall maintain a daily "booting removal request" log which shall be kept in the following form and manner and contain the information indicated below:

      (1)   The log shall be a permanently bound, paginated volume with lined pages, and entries thereto shall be made chronologically. Such entries shall be made contemporaneously with the request made for the release of the vehicle. The entries for each day shall start on a new page which shall include the following notation on the line immediately preceding the first entry: "Start of booting removal request log entries for: (insert date)."

      (2)   The entry for each request to remove a boot shall indicate the exact time, accurate to the nearest minute, that a person called or appeared at the office of the licensee or at a designated place on the property where the vehicle was booted to request removal of the boot, the name of the person who called or appeared to request removal, the name of the person who received such request for removal, the booting receipt identification number, the location where the vehicle was booted, the license plate number and the vehicle identification number for the vehicle if and as it was furnished by the person who called or appeared to request removal, and the exact time, accurate to the nearest minute, when the licensee or his or her employee was dispatched to remove the boot.

      (3)   The following notation shall be written in the line immediately after the last entry for each day: "End of entries for (insert date)."

§ 2-409 Duty to Give Notice of Booting Fees and Sites Where Vehicles are Booted.

   (a)   Every applicant for a license issued pursuant to Subchapter 32 of Chapter 2 of Title 20 of the New York City Administrative Code or for a renewal thereof shall file with such application or application for renewal:

      (1)   A schedule showing the fee charged for vehicles such applicant or licensee boots on private streets as such fee is stated on the signs required to be posted pursuant to subparagraph (i) of paragraph 2 of subdivision c of § 19-169.2 of the New York City Administrative Code; and

      (2)   A list of properties where such applicant or licensee engages in the booting of vehicles. Such list shall include the address of the property where such applicant or licensee boots vehicles and the name and address of the owner of such property.

   (b)   A licensee shall notify the commissioner of any change in the information required to be filed pursuant to subdivision a of this section within 30 days of such change.

Subchapter GG: Pedicab Business and Pedicab Driver

§ 2-415 Definitions.

   Whenever used in this subchapter, the term:

   (a)   "Licensee" shall mean a person licensed pursuant to Subchapter 9 of Chapter 2 of Title 20 of the New York City Administrative Code.

   (b)   "Applicant" shall mean any person applying for a pedicab business license or a pedicab driver license or for a renewal thereof and, unless otherwise provided by law or rule, the term shall include such person upon the issuance of such license or renewal thereof to such applicant.

   (c)   "Pedicab identification" or "PID" shall mean any combination of three or more letters and numbers that are permanently inscribed or stamped into the bottom bracket shell, head tube, or other non-detachable metal component of a pedicab frame and that uniquely identify the pedicab.

   (d)   "Accident" shall mean any event arising from the operation of a pedicab that causes or caused human injury or damage to property.

   (e)   "Clear view of passengers" means that the object or sign that is the subject of regulation is visible at all times to all seated passengers and is not obstructed by the driver, the driver's clothing, or other parts of the pedicab.

§ 2-416 Application Procedures for and Issuance of Initial Pedicab Business Licenses and Pedicab Registration Plates.

   (a)   An applicant for a pedicab business license and for the initial issuance of pedicab registration plates shall submit a completed application for a pedicab business license, which shall include a list that identifies by PID each of the pedicabs for which such applicant seeks registration. This completed application must be submitted to the Department by the end of the application period specified in § 20-251 of the New York City Administrative Code.

   (b)   An applicant for a pedicab business license may present for inspection only such pedicabs as are listed in, and identified on, the application as specified in subdivision (a) of this section.

   (c)   A pedicab registration plate shall be issued for a pedicab to an applicant for such plate and for a pedicab business license only upon:

      (1)   payment to the Department of the sixty dollar ($60) registration fee for each additional pedicab registration plate to be issued in excess of the one pedicab included in the annual pedicab business license fee up to the maximum number authorized to be issued to each business licensee;

      (2)   submission of proof of the insurance coverage required pursuant to § 20-253 of the Administrative Code of the City of New York for each pedicab for which a registration plate is to be issued;

      (3)   presentation for inspection at the time, date and location(s) designated by the Department of the pedicabs that are included on the list that identifies by PID each of the pedicabs for which such applicant seeks registration;

      (4)   determination by the Department that a pedicab presented for inspection passes such inspection; and

      (5)   determination by the Department that the applicant for the registration plates qualifies for the issuance of the pedicab business license.

   (d)   a pedicab business license shall be issued only upon the Commissioner determining that such applicant meets all the requirements of §§ 20-250, 20-252 and 20-253 of the Administrative Code of the City of New York and the requirements of this subchapter.

   (e)   (1) Whenever a pedicab that is presented for inspection pursuant to subdivision (c) of this section fails such inspection, such pedicab may be presented for re-inspection no later than 30 days after the expiration date for filing applications for pedicab registration plates and at such times, dates and locations designated by the Department.

      (2)   The Department shall re-inspect a pedicab upon payment of the fifty-five dollar ($55) re-inspection fee.

   (f)   An application for a pedicab registration plate shall be void if the pedicab for which the application was made does not qualify to be issued a registration plate within 30 days after the expiration date for filing applications for pedicab registration plates.

   (g)   An application for a pedicab registration plate that is voided pursuant to subdivision (f) of this section shall not subsequently be reinstated.