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Any purported or attempted transfer of a permit to a person not named therein as permittee or any change in the place of business stated in a permit shall void such permit. When a permit is issued to two or more individuals, to a partnership or to a group other than a partnership, and one or more of the individuals concerned ceases to be active in the conduct of the business or activity or otherwise ceases to be a permittee, the Commissioner may approve in writing, the continuation of the business or activity by the remaining permittees during the unexpired period of such permit. The permittee shall notify the Department in writing within ten (10) business days of any change in the owner(s), officers, directors, shareholders, partners or members of a permitted entity that is owned by a sole proprietor, or that is a closely held corporation or small limited liability company, or a partnership, consisting of fewer than five (5) shareholders, members or partners, who directly operate and manage the business, and serve as directors or officers of the corporation, with no outside investors. Notice of such changes shall not be required if the permittee is a publicly held corporation or limited liability company whose shareholders or members do not manage or control the entity or participate in its business activities.
(a) A person holding a permit, including the officers and directors of a corporation holding a permit shall comply with the conditions contained in his/her permit as well as with all applicable provisions of this Code or other law enforced by the Department.
(b) A person holding a permit, including the officers and directors of a corporation holding a permit, shall be jointly and severally liable for violations of the conditions of the permit or of this Code committed by employees or agents of the person or corporation when such acts are committed in the regular course of the permitted business of such person or corporation, or on the premises subject to the permit, or in the course of using the permit.
A permit shall be kept on the premises designated on the permit. It shall be placed in a clean, transparent cover or frame and displayed in such a manner as to be clearly visible to the public. It shall be available for inspection at all times by the Department. No person shall mutilate, obstruct or tear down a permit.
(a) Basis for action. A permit may be ordered suspended or revoked for:
(1) Willful or continued violation of this Code or for such other reason as the Commissioner or Board determines is sufficient grounds for suspension or revocation.
(2) The giving or offering to an employee or agent of the Department or other government agency, engaged in carrying out an inspection, survey or examination or in the performance of any other duty for the Department or such agency, a gift, gratuity, benefit, favor or bribe, including but not limited to money, food, or drink.
(3) Submission or display by a permittee of a forged document or other document that contains false or misleading statements, or making a false or misleading statement to the Department.
(b) Hearings. When permanent revocation of a permit is sought or a permitted entity is ordered to close and its permit is ordered suspended, if the Department determines that such permit should be permanently revoked, or such suspension continued, the Department shall schedule a hearing at the City Office of Administrative Trials and Hearings (OATH) within 15 days of closure. The purpose of the hearing is to allow the permittee to show cause why its continued operation is not a public health or imminent health hazard and why it should be allowed to reopen.
(c) Post hearing procedures. Following receipt of a copy of the report and recommendation of an OATH administrative law judge to the Commissioner, a respondent may respond to the findings and recommendations in the administrative law judge's report by submitting written comments to the Commissioner within 10 calendar days of receipt of the report, if received by e-mail or fax, or 15 days if received by mail. The Commissioner may then take such action as may be necessary, adopting all or part of the findings and recommendations, and may issue an order revoking, further suspending or reinstating the permit. If the OATH judge's recommendation is to allow the permittee to reopen, and the Commissioner adopts the recommendation, the Commissioner may impose whatever conditions he or she deems necessary for the continued safe operation of the permitted business.
(d) Permits to be surrendered. All permits revoked pursuant to this section or in accordance with other applicable law shall be surrendered to the Department upon receipt of the order. Permits or licenses that are not surrendered in accordance with this section may be seized by any employee or agent of the Department or officer of the New York City Police Department.
(a) Effective date. Except as otherwise ordered by the Board, the action of the Commissioner denying issuance or renewal of a permit, or suspending or revoking a permit, shall become final five days after service of an order or other notice thereof, exclusive of the day of service, on the applicant or permittee concerned.
(b) Service. Service of an order or notice shall be made as follows:
(1) Enclosing the order or notice in a postpaid envelope directed to the applicant or permittee at the address listed in the application or permit and depositing such envelope at a United States Post Office or in a mail box or mail chute maintained by the United States Post Office; or,
(2) Leaving the order or notice with the applicant or permittee or, if the permittee is not an individual, with a member of the partnership or other group concerned or with an officer of the corporation; or,
(3) Posting the order or notice at the entrance door of the premises listed in the application or permit.
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