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Article 5 contains the requirements for permits issued by the Commissioner or the Board of Health for activities regulated by 24 RCNY Health Code Titles II, III and IV, the State Sanitary Code, the State Public Health Law and the Administrative Code of the City of New York. The requirements for permits relating to vital records may be found in Title V of the Code.
When used in this Code:
(a) Arm's length transaction means a sale of a business for consideration that reflects the fair market value of such business or its assets, between two informed and willing parties, that is not made, wholly or in part, for the purpose of enabling the seller to avoid liability for violations issued by the Department. A sale shall be presumed not to be an arm's length transaction if it is
(1) A sale to an individual, or to a corporation or other business that is owned by the spouse, domestic partner, parent, grandparent, child or stepchild of any of any of the sellers, or is the direct descendent of a grandparent, the spouse or domestic partner of any of the sellers;
(2) A sale to an individual or entity that has a business or financial interest in the seller; or
(3) A sale to an entity in which any of the sellers has a business or financial relationship.
(b) Permit means a written license and authorization to carry on specified activities as regulated by this Code or other applicable law enforced by the Department, and includes a registration required by this Code or other applicable law.
(c) Permittee means a natural person or other entity who holds a valid permit issued by the Board or Commissioner pursuant to this Code or other applicable law enforced by the Department.
(a) Operation without a permit deemed a nuisance. Operating a business or conducting an activity regulated by the Health Code ("Code") without the permit required by the Code is hereby declared a nuisance.
(1) No person may operate a business or conduct an activity regulated by the Code without the permit required by the Code.
(2) No person may allow the operation of a business or conducting of an activity regulated by the Code in any property owned by such person unless the person operating such business or conducting such activity has a permit required by the Code.
(b) Order to cease and desist. When the Department determines that a business or activity regulated by the Code is being operated or conducted without the permit required by the Code, the Commissioner or designee may order the person operating the business or conducting the activity to cease and desist from such business or activity. The Department may also order the person who owns the premises in which the business is operated or activity is conducted to take whatever action may be necessary to prohibit such business or activity from continuing on such premises.
(c) Sealing and padlocking. If the business or activity ordered to cease and desist continues without the required permit, the Commissioner or designee may, after providing a hearing at the City Office of Administrative Trials and Hearings (OATH) for the person operating such business or conducting such activity and the owner of the premises, take any measure authorized by the Code or other applicable law to enforce an order to cease and desist. Such measures may include, but are not limited to, ordering and arranging for the premises to be sealed and padlocked.
(a) Forms provided by Department. Application for a permit or for the renewal of a permit shall be made and submitted on forms furnished by the Department. Applications may be submitted on paper or electronically.
(b) Applicant to be legally competent. The applicant shall be 18 years of age or over.
(c) Applications to be complete. The application shall contain all information required by the Department. If the applicant for the permit is a sole proprietorship, the application shall be signed by the individual who will be the permittee. If the applicant is a partnership, the application shall be signed by a partner. If the applicant is a limited partnership, the application shall be signed by the managing or general partner. If the applicant is a corporation, the application shall be signed by an officer or director of the corporation or by any member, if management is vested in members. If the applicant is a limited liability company, the application shall be signed by any manager of the limited liability company. Such signature shall constitute an agreement that the permittee assumes responsibility for the conduct of the business, occupation or other activity concerned in accordance with the requirements of the Code or other applicable law.
(d) Application contents. In addition to the following information, the application shall be accompanied by such other information, evidence or documentation as the Department may require or as may be provided for in this Code or other applicable law enforced by the Department. The application shall, at a minimum, include:
(1) The name, age, gender, residence and business address, and telephone numbers of the permittee, each member of partnership, limited liability company or group, and each officer of the corporation, as applicable.
(2) The ability of the permittee, or of its individual members or officers, to read and write English.
(3) To the extent that such information is relevant to the conduct of the business, trade, occupation or other activity under permit, information concerning the permittee, its individual members or officers, relating to education, training or experience, moral character, physical health, addiction to alcohol or habit-forming drugs, history of prior criminal conviction, including violations and offenses, history of mental illness, and record of insolvency or bankruptcy.
(4) Proof of current Workers' Compensation and Disability Benefits insurance coverage for all employees, or of a certificate of exemption filed with the Workers' Compensation Board.
(5) The e-mail address of (i) the individual owner of the permitted business, (ii) the person exercising daily management and control of the permitted business, or (iii) the person who is authorized by law to accept service of process on behalf of the permittee.
(6) Any information that the Department determines may be necessary in order to contact the permittee in the event of an emergency.
(e) Compliance with applicable law. The Commissioner shall not issue a new or renewal permit unless, on the basis of the application and other papers submitted, and on the basis of Department or City investigation, if any, he or she is satisfied that the provisions of this Code or other applicable law enforced by the Department will be met.
(f) Outstanding fines or penalties. The Commissioner shall not issue or renew a permit unless there are no unpaid outstanding fines, penalties or forfeitures imposed by the Administrative Tribunal established by Section 558 of the Charter, by the OATH Health Tribunal or the Environmental Control Board for violations of this Code or other applicable law enforced by the Department, which are due and payable by the applicant or the permittee.
(g) Outstanding uncorrected violations. The Commissioner shall not issue a new permit to any entity based on a sale or change of ownership of a permitted business or activity where Department or other records show outstanding uncorrected violations or unpaid fines and penalties, unless the applicant submits proof satisfactory to the Department that the transfer of the business was the result of an arm's length transaction. Such proof shall consist of documents showing that:
(1) The applicant has assumed complete management, control and operation of the permitted business or activity from the prior permittee;
(2) The applicant has paid market value consideration for the material assets of the permitted business; and
(3) Neither the applicant nor any member or officer of a partnership or corporation is related by blood or marriage to the owners or managers of the entity holding the permit prior to the transfer of the permitted business. The Commissioner's denial of an application pursuant to this subdivision shall be a final agency determination not subject to appeal to the Board of Health.
(h) Acceptance of application and fee no bar to denial of permit. The acceptance of an application and fee for a new permit shall not prevent the Commissioner from taking any action that he or she deems necessary, including, but not limited to, denial of a permit if Department or other investigation or pre-permit inspections disclose conditions or circumstances indicating that a new permit should not be issued. If a new permit is denied, the application fee shall not be refunded.
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