(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.