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(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.
(a) New Base License Term.
(1) The term of a new For-Hire Base License will expire three years after the last day of the month in which the new License is issued.
(2) Example:
(i) A new Applicant files on October 10, 2009.
(ii) The Commission approves the application on December 15, 2009.
(iii) No action is taken by the City Council within its 90-day period (by March 15, 2010), and the Commission issues a License on March 24, 2010.
(iv) That License would expire on March 30, 2013.
(b) Base License Renewal Term.
(1) A License issued to a renewing Applicant on or after July 2, 2009 will expire three years after the date on which the previous License expired.
(2) A License issued prior to July 2, 2009 will expire two years after the date on which the previous License expired.
(c) When to File for Renewal.
(1) A renewing Applicant must file a completed application at least 60 days before the expiration date of the License.
(2) Application Submission Date.
(i) Applications filed online: The date of submission is the date an application is filed online.
(ii) Applications filed by mail: The date of submission is the postmark date.
(iii) Applications filed in person: The date of submission is the date an application is filed in person.
(3) The Commission will not accept a renewal application after the expiration date of the License. If the application is not filed before the expiration date, the License cannot be renewed.
(d) Extensions.
(1) If a timely application for renewal of a License has been made as required in subdivision (c), above, the Chairperson will extend the effectiveness of the License until review of the renewal application is completed.
(2) The effectiveness of the License during this extended period applies even if the application is ultimately denied.
(3) If an extended License renewal application is approved, the renewal License expiration date will be based on the original expiration date of the License and not the extended date.
(e) Suspended Licenses.
(1) If a License is suspended, the Licensee must apply for renewal as required in (c) above if the Licensee wants to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.
(2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.
(3) The suspended Base License holder must notify all vehicle owners that are affiliated with the suspended Base of the suspension within five days of the imposition of that suspension.
(f) Street Hail Livery Base Licenses.
(1) Suspension, Revocation, or Failure to Renew. If an underlying Base License or Paratransit Base License or Commuter Van Service Authorization is suspended or revoked as a result of the imposition of a penalty under this or another Chapter of these Rules, or if the underlying License fails to be renewed for any reason, the suspension, revocation or failure to renew is also applicable to the Street Hail Livery Base License.
(2) A Street Hail Livery Base License will expire three years after the date it was issued or earlier if it, or the underlying Base License or Paratransit Base License or Commuter Van Service Authorization, is revoked or surrendered or is not renewed.
(3) Upon issuance of a Street Hail Livery Base License:
(i) the underlying Base License or Paratransit Base License term will be pro-rated (and the License fee for that License will be pro-rated which means an additional fee will be charged) so that the Base License will expire on the same date that the Street Hail Livery Base License expires. Example. The underlying Base License expires on 6/15/14. A Street Hail Livery Base License is issued to the Base on 6/16/12 and will expire on 6/15/15. The underlying Base License will be extended for one year and an additional 1 year license fee of $500 will be charged. The underlying Base License and the Street Hail Livery Base License will both expire on 6/15/15.
(g) Exception. This section shall not apply to High-Volume For-Hire Services. The License term for High-Volume For-Hire Services is specified in 35 RCNY § 59D-06.
(Amended City Record 6/30/2016, eff. 7/30/2016; amended City Record 6/15/2017, eff. 7/15/2017; amended City Record 6/30/2021, eff. 7/30/2021)
(a) Base License Fee.
(1) The fee for the operation of a For-Hire Base is $500 annually.
(2) Exception: The fee for the operation of a Street Hail Livery Base is $1,000 annually for the Street Hail Livery Base License plus $500 annually for the fee for a For-Hire Base License or Paratransit Base License or $275 for a Commuter Van Service Authorization.
(3) Upon issuance of a Street Hail Livery Base License:
(i) an underlying Base License term will be pro-rated (and the License fee for that License will be pro-rated which means an additional fee will be charged) so that the Base License will expire on the same date that the Street Hail Livery Base License expires.
(b) When Fee is Paid. The fee for an original or renewal License must be paid at the time the application is filed.
(c) No Refund if Application Denied. The Commission will not refund fees if it denies the application.
(d) Base License Replacement Fee. The Commission will charge a fee of $25 for each replacement License.
(e) Base Transfer Fee. The fee for the transfer of a Base License or Ownership interest will be $500.
(f) Name Change Fee. The fee to change the name of a Base will be $500.
(g) Relocation Fee. The fee to change the location of a Base will be $500.
(h) Exception. This section shall not apply to High-Volume For-Hire Services. The License fee for High-Volume For-Hire Services is specified in 35 RCNY § 59D-07.
(Amended City Record 6/15/2017, eff. 7/15/2017; amended City Record 6/30/2021, eff. 7/30/2021)
(a) Material Misrepresentation.
(1) The Commission can deny an application for a License or its renewal and revoke or suspend any License issued if it finds that an Applicant has made a material misstatement or misrepresentation on an application for a License or its renewal.
(2) The Commission must send notice and conduct a hearing before revoking or suspending any License already issued.
(b) Violation of NYS Franchise Act.
(1) The Commission will not grant a License or renew a License when the base owner is offering and selling franchises in violation of the New York Franchise Sales Act (for the purposes of this subdivision, "Act").
(2) The Commission can also suspend or revoke the License of any Base Owner found to have violated the Act.
(3) In determining whether a Base Owner is in violation of the Act, the Commission can rely upon the written advice of the New York State Department of Law certifying to the Commission that the Base Owner is in violation of the Act.
(c) In determining whether a Base Owner is in violation of the Act, the Commission can rely upon the written advice of the New York State Department of Law certifying to the Commission that the Base Owner is in violation of the Act.
(d) Livery Base Station-Criteria for Reviewing New Application. In reviewing an application for a License to operate a Livery Base Station, the Commission will examine and consider the following factors:
(1) Any negative impact on Other Transportation Systems, including:
(i) The adequacy of existing mass transit and mass transportation facilities to meet the transportation needs of the public
(ii) Any negative impact that the proposed operation might have on those existing services
(iii) The extent and quality of service provided by existing, legally operating For-Hire Vehicles and Taxicabs
(2) Any negative impact on quality of life in the vicinity of the Base Station, including: (i) Traffic congestion
(ii) Sidewalk congestion
(iii) Noise.
(e) Livery Base Station – Compliance with Rules.
(1) In reviewing an application to renew a Base Station License, the Commission will consider whether the Licensee has violated any applicable Rule of the Commission.
(2) No Livery Base Station will be renewed if the Applicant has been found guilty of violating the off-street parking requirements described in 35 RCNY § 59B-15(j).
(f) Revocation for Livery Fund violations.
(1) No Livery Base Station License will be issued to an Applicant if a Livery Base Station License previously held by Applicant was revoked for violations of Article 6-G of the NYS Executive Law.
(2) A Livery Base Station License previously held by an Applicant includes any Livery Base Station License held by any Licensee in which any of Applicant's Limited Business Entity Persons was also a Limited Business Entity Person.
(3) The ban on issuance will continue for five years following the revocation, and until
(i) Any money owed to the Livery Fund on the account of the revoked License is paid or
(ii) The Livery Fund agrees on a payment plan for money owed to it.
(g) Failure to Complete Application Requirements.
(1) The Chairperson will deny an application for a new Black Car Base or Luxury Limousine Base License if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.
(2) The Chairperson will deny an application for a renewal Black Car Base or Luxury Limousine Base License if the Applicant has not completed all the requirements of an application by the expiration date of the prior License.
(3) The Chairperson will deny an application for a new or renewal Livery Base Station License if the Applicant has not completed all the requirements of an application and has not completed all the requirements for Licensing as a Livery Base Station set forth in 35 RCNY § 59B-05 within 90 days of Commission approval of the application.
(4) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.
(h) Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License to operate a Base Station, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.
(a) Transfer Requirements for All For-Hire Bases. Any For-Hire Base License or Ownership interest in the Licensee can be transferred to a proposed transferee if all of the following conditions are met:
(1) The transferee demonstrates to the satisfaction of the Commission the qualifications to assume the duties and obligations of a Base Owner.
(2) All the outstanding fines, penalties, and other liabilities that the transferor owes to the Commission have been satisfied.
(3) The Commission approves the transfer and any changes in corporate officers or directors.
(4) Both the transferor and transferee must appear in person as directed by the Chairperson to complete the transfer:
(i) A party who is an individual must appear in person
(ii) A party that is a partnership must be represented by a general partner
(iii) A party that is a corporation must be represented by a Limited Business Entity Person.
(5) No transfer or change will be effective until approved and the Chairperson has given notice of the approval to the Licensee.
(b) Additional Requirements for Transfers of a Livery Base Station.
(1) Additional Bond for Tort Liabilities. The transferor or the transferee files an additional bond to cover the transferor's tort liabilities (if any) that have arisen out of the operation of a Base Station, that remain outstanding and that exceed the amount covered by any bond or insurance policy already in effect.
(2) Transferee Business Plan. The transferee provides a business plan meeting the requirements in 35 RCNY § 59B-05(d) above.
(3) Transfer While Judgment Pending. No voluntary transfer of a Base Station License can be made if a judgment docketed with the clerk of court of any county within the City of New York remains unsatisfied against the Licensee and in favor of any Government agency. However, the transfer can be permitted under one of the following conditions:
(i) A bond is filed in an amount sufficient to satisfy the judgment.
(ii) All the judgment creditors of a Licensee file written permission for the transfer with the Commission.
(iii) The proceeds from the transfer are paid into court or held in escrow, on terms and conditions approved by the Commission, to protect the rights of all parties that have a legitimate interest.
(4) Criteria for Approving Proposed Transferee. In reviewing a proposed transfer of a Base Station License or of the ownership interest in the License, the Commission will consider the following:
(i) The criminal history of the proposed transferee and of the transferee's Business Entity Persons, if any
(ii) Any relevant information maintained in the records of the DMV or the Commission
(iii) The transferee's financial stability
(5) Criteria for Denying Proposed Transferee. A transfer will not be approved if, in the past two years, the proposed transferee or any Business Entity Person of the proposed transferee, where appropriate, has been found to have violated any law or rule involving any of the following:
(i) Assault of a Passenger, official, or member of the public in connection with any matter relating to a For-Hire Vehicle
(ii) Giving or offering an unlawful gratuity to a public servant, as defined in § 10.00 of the NYS Penal Law
(iii) Providing the Commission with false information
(iv) Three unexplained failures to respond to an official communication from the Commission or the Department of Investigation that was sent by certified mail, return receipt requested
(c) Street Hail Livery Base Licenses Not Transferrable.
(1) Street Hail Livery Base Licenses can only be used in connection with the specific entity to which they were initially issued (i.e. the specific Livery Base to which the Street Hail Livery Base License was initially issued) and cannot be transferred for use by any other entity.
(2) A change in the ownership structure of or an ownership interest in an owner of a Street Hail Livery Base License is valid only if the conditions of 35 RCNY § 59B-09(a) are met.
(a) Base License Required. No person or entity is permitted to operate a business as a Livery Base Station, Black Car Base or Luxury Limousine Base without a Valid For-Hire Base License from the Commission. No person or entity is permitted to operate a business as a Street Hail Livery Base without a Valid Street Hail Livery Base License from the Commission.
35 RCNY § 59B-11(a) | Fine: $200 - $1,500 Penalty Point: 1 Administrative Code Penalties for Unlicensed Activity | Appearance REQUIRED |
(b) For-Hire Vehicle License and Commission License Plate.
(1) A Base Owner must not dispatch any For-Hire Vehicle unless:
(i) A Vehicle registered in NYS has license plates embossed with the legend "T & LC"
(ii) A Vehicle registered in a state other than New York has complied with any applicable license plate requirements.
(iii) The vehicle has a Valid For-Hire Vehicle License.
(2) The Commission will post a list of Validly Licensed For-Hire Vehicles on its Web site.
(3) In addition to the other requirements of this Rule, a Street Hail Livery Base Owner must not dispatch a vehicle to engage in the business of being a Street Hail Livery unless the vehicle has a Valid Street Hail Livery License.
35 RCNY § 59B-11(b) | Base Owner Fine: $300 Penalty Points: 1 Administrative Code Penalties for Unlicensed Activity | Appearance NOT REQUIRED |
(c) Valid TLC Driver License Required.
(1) A Base Owner must not dispatch any Vehicle unless its driver possesses a Valid TLC Drives License.
(2) The Commission will post on its Web site a list of Drivers holding Valid TLC Driver Licenses.
(3) In addition to the other requirements of this Rule, a Street Hail Livery Base Owner must not dispatch a Vehicle to engage in the business of being a Street Hail Livery unless the Driver possesses a Valid TLC Driver License or, in the event the Vehicle is an Accessible Street Hail Livery, a Valid License to operate a Paratransit Vehicle.
35 RCNY § 59B-11(c) | Base Fine: $500 for the first violation in 12 months; $800 for each subsequent offense within a 12-month period | Appearance NOT REQUIRED |
(d) Valid Chauffeur's License Required.
(1) A Base Owner must not dispatch any Vehicle unless it is being driven by a Driver with a Valid Chauffeur's License.
(2) A Vehicle Owner is responsible for knowing the status of the state-issued driver's license for any Driver dispatched in one of Owner's Vehicles.
35 RCNY § 59B-11(d) | Base Fine: $500 except if the DMV status of the driver's license is not available on the Commission's website. | Appearance NOT REQUIRED |
(e) Advertising of Unlicensed For-Hire Service. A base owner must not hold him or herself out to the public as a for-hire service without a current License issued by the Commission for that activity. "For-Hire" service includes Livery, Black Car, High-Volume For-Hire or Luxury Limousine service.
35 RCNY § 59B-11(e) | Fine: $350 for the first violation; $500 for the second violation; revocation for the third violation within 36 months | Appearance REQUIRED |
(f) Unapproved Transfer of Base Location. A Base Owner who moves a Base to any location without the prior approval of the Commission is engaging in Unlicensed Activity.
35 RCNY § 59B-11(f) | Fine: $200 - $1,500 and Suspension of Base License until compliance Penalty Point: 1 | Appearance REQUIRED |
(Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 6/30/2021, eff. 7/30/2021; amended City Record 2/2/2023, eff. 3/4/2023)
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