(a) Fitness to Hold a License.
(1) An Applicant for a License to operate a Livery Base Station must demonstrate to the satisfaction of the Commission that the Applicant is fit to operate a Base Station.
(2) The Commission will consider:
(i) The ability of the Applicant to adequately manage the Base Station,
(ii) The Applicant's financial stability,
(iii) Whether the Applicant operates or has previously operated a Licensed Base Station and the manner in which that Base Station was operated.
(3) The Commission will also consider any relevant information maintained in the records of the Department of Motor Vehicles or the Commission.
(b) Off-Street Parking. An Applicant for a License to operate a Livery Base Station must demonstrate to the satisfaction of the Commission that the operator of the Base Station will comply with the provision to provide and use lawful off-street facilities as described in 35 RCNY § 59B-15(j).
(c) Local Review. A determination by the Commission to approve an application for a new or renewal License to operate a Livery Base Station will not become final until the determination has been subject to review by the New York City Council, as follows:
(1) Upon receipt of an application for a new or renewal Livery Base Station License, the Commission will, within five business days, submit a copy of the application to the City Council and to the district office of the City Council member and the community board for the area in which the Base Station is or would be located.
(2) Within five days of a decision to approve a new or renewal Base Station License, the Commission will send to the City Council and to the district office of the Council member within whose district that Base Station is or would be located:
(i) A written copy of the approval decision.
(ii) Copies of the data, information, and other materials the Commission relied on to make the decision.
(3) Action by City Council. [Administrative Code § 19-511.1]
(i) Within 90 days of the first scheduled meeting following receipt of the decision and back-up data, the Council can adopt a resolution to review the decision and can approve or disapprove it.
(ii) If the Council fails to act within the 90-day period, the Commission's decision will become final.
(d) Submit Business Plan – Livery Base Only. A Livery Base Station must submit a business plan with each application for a new or renewal License or for a change of ownership of the Base Station License. The business plan must include:
(1) Contact Information. The business name, address, telephone number, email address and 24-hour contact number for the Base Station;
(2) Plans for Ensuring Compliance with Commission Rules.
(i) A general description of how the Base Station intends to monitor and ensure that the Base Station itself, its affiliated Vehicle Owners, and the Drivers operating the affiliated Vehicles comply with these Rules;
(ii) A specific plan for assuring that affiliated Vehicles and their Drivers provide transportation only through pre-arrangement made with the Base
(iii) A specific description of how the Base plans to prevent its affiliated Vehicles and their Drivers from accepting street hails
(3) Plans for Preventing Recurrence of Past Violations. A description of how the Base Station intends to prevent a recurrence of any Rule violations that occurred during the current and previous (if any) term(s) of its License.
(4) Off-Street Parking. Policies and procedures regarding off-street parking, including:
(i) The address of the Livery Base's off-street parking location
(ii) How far the off-street parking location is from the Livery Base.
(iii) How the Base will encourage its affiliated Vehicles to use the Livery Base's off-street parking location, and
(iv) How the Livery Base will ensure that the affiliated Vehicles not using the off-street parking location do not violate applicable traffic and parking regulations when they are in the area around the Base Station.
(5) Number of Vehicles.
(i) Renewal Applicants must include the number of Vehicles currently affiliated with the Base Station
(ii) New Applicants must include the number of Vehicles they expect to be affiliated with the Base Station when it obtains the License
(iii) Both new and renewal Applicants must include an estimate of the average number of Vehicles they expect to be affiliated with the Base during the term of the License;
(iv) A Street Hail Livery Base can affiliate both Street Hail Liveries and other For-Hire Vehicles if it is also a Base or Street Hail Liveries and Paratransit Vehicles if it is a Paratransit Base.
(6) Number of Trips.
(i) A renewal Applicant must include the average number of requests currently received and the average number of trips currently dispatched on a daily basis.
(ii) A new Applicant must include an estimate of average number of requests it expects to receive and the average number of trips it expects to dispatch on a daily basis when it obtains the License.
(iii) Both new and renewal Applicants must include an estimate of the average requests they expect to receive and the average number of trips they expect to dispatch on a daily basis during the term of the License;
(7) Customer Service. A description of how calls will be answered, rides dispatched, and complaints handled;
(8) Hours of Operation.
(i) The hours during which the Base will be providing transportation,
(ii) The hours the Base office will be open;
(9) Rates. A Rate Schedule in a form and format approved by the Chairperson, including, for a Street Hail Livery Base, rates applicable to Street Hail Liveries when dispatched on a Pre-Arranged Trip; provided that a Street Hail Livery Base doing no pre-arranged business is not required to file a Rate Schedule.
(10) Miscellaneous. Any other matters required by the Chairperson or the Commission as a condition of renewal of a Base Station License in light of the specifics of the Base Station's application and operating history.