(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.