Section 20-101
§ 20-101 Legislative intent. The council finds that for the protection
and relief of the public from deceptive, unfair and unconscionable
practices, for the maintenance of standards of integrity, honesty and
fair dealing among persons and organizations engaging in licensed
activities, for the protection of the health and safety of the people of
New York city and for other purposes requisite to promoting the general
welfare, licensing by the department of consumer affairs is a necessary
and proper mode of regulation with respect to certain trades, businesses
and industries. The council finds further that, in order to secure the
above-mentioned purposes, and generally to carry out responsibilities
for supervising and regulating licensed activities, trades, businesses
and industries, the commissioner of consumer affairs requires powers,
remedies and sanctions which are equitable, flexible and efficient.
Finally, the council finds that sanctions and penalties applied by the
commissioner and by the courts for the violation of laws and regulations
by individuals and organizations engaging in various licensed
activities, trades, businesses and industries, must be sufficient to
achieve these above-mentioned purposes of licensing.
Section 20-102
§ 20-102 Definitions. Wherever used in this title:
a. "Commissioner" shall mean the commissioner of consumer affairs.
b. "Department" shall mean the department of consumer affairs.
c. "License" shall mean an authorization by the department of consumer
affairs to carry on various activities within its jurisdiction, which
may take the form of a license, permit, registration, certification or
such other form as is designated under law, regulation or rule.
d. "Organization" shall mean a business entity, including but not
limited to a corporation, trust, estate, partnership, cooperative,
association, firm, club or society.
e. "Person" shall mean a natural person or an organization.
f. "Trade name" shall mean that name under which an organization or
person solicits, engages in, conducts or transacts a business or
activity.
Section 20-103
§ 20-103 Construction of this chapter and chapter two of this title.
The provisions of this chapter and chapter two of this title shall be
liberally construed in accordance with the legislative declaration of
the city council set forth in section 20-101.
Section 20-104
§ 20-104 Powers of the commissioner with respect to licensing. a. The
commissioner shall have cognizance and control of the granting,
issuance, transferring, renewal, denial, revocation, suspension and
cancellation of all licenses issued under chapter two and under all
other laws conferring such powers upon him or her. The commissioner or
the commissioner's designee shall collect all fees for all such licenses
and permits and shall otherwise enforce the provisions of chapter two.
b. The commissioner shall, as he or she determines necessary and
appropriate, promulgate, amend and rescind regulations and rules:
1. to carry out the powers and duties of the department;
2. to prevent and remedy fraud, misrepresentation, deceit and
unconscionable dealing, and to promote fair trade practices by those
engaging in licensed activities;
3. to require adequate disclosure by those engaging in licensed
activities of both the terms and conditions under which they perform
licensed activities, adequate disclosure of the true names or true
corporate names of licensees, and adequate disclosure of applicable
local, state and federal law pertinent to consumers' interests regarding
the conduct of activities licensed under chapter two;
4. to require that licensees keep such records as he or she may
determine are necessary or useful for carrying out the purposes of
chapter two and, except as specifically set forth in chapter two, retain
them for three years;
5. to ensure that all persons and organizations licensed under this
title have made appropriate financial disclosure, and that the premises
complies with all legal requirements necessary to engage in the licensed
activity;
6. with respect to licensed activities, to protect the health, safety,
convenience and welfare of the general public; and
7. to ensure that those engaging in licensed activities do not
discriminate against any person on the basis of age, sex, race, color,
national origin, creed or religion in violation of city, state or
federal laws.
c. The commissioner shall compile all regulations and rules
promulgated by the department and maintain a copy thereof, available for
public inspection at his or her principal office at such times as that
office shall be open for business. A record of each license issued
indicating its kind and class, the license number, the fee received
therefor and such other records as the commissioner may require shall be
kept by the department.
d. The commissioner or the commissioner's designee shall be authorized
to conduct investigations, to issue subpoenas, to receive evidence, to
hear complaints regarding activities for which a license is or may be
required, to take depositions on due notice, to serve interrogatories,
to hold public and private hearings upon due notice, to take testimony
and to promulgate, amend and modify procedures and practices governing
such proceedings.
e. (1) The commissioner shall be authorized, upon due notice and
hearing, to suspend, revoke or cancel any license issued by him or her
in accordance with the provisions of chapter two and to impose or
institute fines or civil penalties for the violation of (i) any of the
provisions of chapter two of this title and regulations and rules
promulgated under chapter two of this title and (ii) any of the
provisions of any other law, rule or regulation, the enforcement of
which is within the jurisdiction of the department including but not
limited to subchapter one of chapter five of this title (the consumer
protection law) subchapter two of chapter five (the truth
in-pricing-law); provided that such violation is committed in the course
of and is related to the conduct of the business, trade or occupation
which is required to be licensed pursuant to chapter two of this title.
Except to the extent that dollar limits are otherwise specifically
provided such fines or civil penalties shall not exceed five hundred
dollars for each violation.
(2) The commissioner may arrange for the redress of injuries caused by
such violations, and may otherwise provide for compliance with the
provisions and purposes of chapter two of this title.
(3) The commissioner or the commissioner's designee shall be
authorized to suspend the license of any person pending payment of such
fine or civil penalty or pending compliance with any other lawful order
of the department.
(4) The commissioner shall be authorized to impose a fine or civil
penalty or to suspend a license or both for a failure to appear at a
hearing at the department after due notice of such hearing. If a license
has been suspended, it shall be returned to the department forthwith
upon receipt of the order of suspension. Failure to surrender the
license shall be grounds for a fine or civil penalty or revocation of
the license.
(5) Any of the remedies provided for in this section shall be in
addition to any other remedies provided under any other provision of
law.
f. The commissioner, upon due notice and hearing, may require that
persons licensed under chapter two of this title who have committed
repeated, multiple or persistent violations of chapter two or any other
law, rule or regulation the enforcement of which is within the
jurisdiction of the department, conspicuously display at their place of
business and in advertisements a notice (of a form, content and size to
be specified by the commissioner), which shall describe the person's
record of such violations; provided that, for each time such display is
required, the commissioner may require that such notice be displayed for
not less than ten nor more than one hundred days.
g. The commissioner may refuse to issue or renew any license issued in
accordance with the provisions of chapter two of this title and may
suspend or revoke any such license, after due notice and opportunity to
be heard, upon the occurrence of any one or more of the following
conditions:
1. Two or more judgments within a two-year period against the
applicant or licensee for theft of identity as defined in section three
hundred eighty-s of the general business law; or
2. One criminal conviction against the applicant or licensee for acts
of identity theft or unlawful possession of personal identification
information as defined in article one hundred ninety of the penal law;
or
3. Two or more criminal convictions within a two-year period of any
employees or associates of the applicant or licensee for acts of
identity theft or unlawful possession of personal identification
information as defined in article one hundred ninety of the penal law
that are committed with the use of the applicant's or licensee's
equipment, data, technology, or other similar resource. It shall be an
affirmative defense that a applicant or licensee did not have reasonable
grounds to believe the proscribed acts were taking place with the use of
the licensee's equipment, data, technology, or other similar resource or
that the proscribed acts were not taking place with the use of the
applicant's or licensee's equipment, data, technology, or other similar
resource.
Section 20-105
§ 20-105 Additional powers of the commissioner with respect to
unlicensed activities. a. It shall be unlawful for any person required
to be licensed pursuant to the provisions of chapter two or pursuant to
provisions of state law enforced by the department to engage in any
trade, business or activity for which a license is required without such
license.
b. In addition to the enforcement procedures set forth in section
20-106 of this chapter, the commissioner after notice and a hearing
shall be authorized:
1. to impose fines upon any person in violation of subdivision a of
this section of one hundred dollars per violation per day for each and
every day during which such person violates such subdivision.
2. to order any person in violation of subdivision a of this section
immediately to discontinue such activity at the premises on which such
activity is occurring.
3. to order that such premises on which such activity is occurring be
sealed, provided that such premises are primarily used for such
activity.
4. to order that any devices, items or goods sold, offered for sale
available for public use or utilized in the operation of a business and
relating to such activity for which a license is required but has not
been obtained pursuant to the provisions of chapter two shall be
removed, sealed or otherwise made inoperable.
c. Orders of the commissioner issued pursuant to this subdivision
shall be posted at the premises on which unlicensed activity occurs in
violation of this section.
d. Orders of the commissioner issued pursuant to paragraph two, three
or four of subdivision b of this section shall be stayed with respect to
any person who, prior to service of the notice provided in subdivision b
of this section, had submitted a full and complete application in proper
form and accompanied by the requisite fee for a license or the renewal
of a license while such application is pending.
e. Ten days after the posting of an order issued pursuant to paragraph
two, three or four of subdivision b of this section and upon the written
directive of the commissioner, officers and employees of the department
and officers of the New York city police department are authorized to
act upon and enforce such orders.
f. Any devices, items or goods removed pursuant to the provisions of
subdivision b of this section shall be stored in a garage, pound or
other place of safety and the owner or other person lawfully entitled to
the possession of such devices, items, or goods may be charged with
reasonable costs for removal and storage payable prior to the release of
such devices, items or goods to such owner or such other person.
g. The commissioner shall order that any premises which are sealed
pursuant to this section shall be unsealed and that any devices, items
or goods removed, sealed or otherwise made inoperable pursuant to this
section shall be released, unsealed or made operable upon:
1. payment of all outstanding fines and all reasonable costs for
removal and storage, and
2. presentation of proof that a license has been obtained for such
activity or, if such person or premises are for any reason ineligible to
obtain a license, proof satisfactory to the commissioner that such
premises, devices, items or goods will not be used in violation of this
section.
h. It shall be a misdemeanor for any person to remove the seal on any
premises or remove the seal or make operable any devices, items or goods
sealed or otherwise made inoperable in accordance with an order of the
commissioner.
i. The owner or other person lawfully entitled to reclaim the devices,
items or goods removed pursuant to this section shall reclaim such
devices, items or goods. If such owner or such other person does not
reclaim such devices, items or goods within ninety days of their
removal, such devices, items or goods shall be subject to forfeiture
upon notice and judicial determination in accordance with provisions of
law. Upon forfeiture the department shall, upon a public notice of at
least five days, sell such forfeited devices, items or goods at public
sale. The net proceeds of such sale, after deduction of the lawful
expenses incurred, shall be paid into the general fund of the city.
j. In the event that any removal made pursuant to this section shall
include any perishable items, goods or food products which cannot be
retained in custody without such items, goods or food products becoming
unwholesome, putrid, decomposed or unfit in any way, they may be
delivered to the commissioner of health for disposition pursuant to the
provisions of section 17-323 of this code.
k. The provisions of this section shall not be construed to apply to
general vendors required to be licensed pursuant to subchapter
twenty-seven of chapter two of this title.
Section 20-106
§ 20-106 Judicial enforcement. a. Except as otherwise specifically
provided in chapter two of this title, or in subdivision b of this
section, any person, whether or not he or she holds a license issued
under chapter two, who violates any provision of chapter two or any
regulation or rule promulgated under it shall, upon conviction thereof,
be punished for each violation by a fine of not less than twenty-five
dollars nor more than five hundred dollars, or by imprisonment not
exceeding fifteen days, or both; and any such person shall be subject
also to a civil penalty in the sum of one hundred dollars for each
violation, to be recovered in a civil action.
b. Any person who engages without a license therefor in an activity
for which a license is required by any provision of chapter two, shall,
upon conviction thereof, be subject to the following sanctions:
1. If he or she has never held a license for such activity, he or she
shall be subject to a fine of not less than twenty-five dollars, nor
more than five hundred dollars, or by imprisonment not exceeding fifteen
days, or both; and any such person shall be subject also to the payment
of a civil penalty in the sum of the greater of twice the applicable
license fee or one hundred dollars, to be recovered in a civil action.
2. If he or she has never held a license for such activity, and has
been convicted once previously for engaging in such activity without a
license, or if he or she has held such license and his or her license
has lapsed prior to such person's perfecting an application for a
renewal, he or she shall be subject to a fine of not less than one
hundred dollars nor more than one thousand dollars, or by imprisonment
not exceeding thirty days, or both; and he or she shall be subject also
to civil penalty in the sum of one thousand dollars, to be recovered in
a civil action.
3. If such person has held such a license, but his or her license has
been suspended or revoked, or he or she has twice previously been
convicted of engaging in such activity without a license, he or she
shall be subject to a fine of not less than two hundred dollars nor more
than two thousand dollars, or by imprisonment not exceeding sixty days,
or both; and he or she shall be subject also to a civil penalty in the
sum of two thousand dollars, to be recovered in a civil action.
c. Every manager or proprietor of a business required to be licensed
under chapter two who consents to, causes or allows that business to
operate without a license and every person aiding such unlicensed
business and every owner or lessee of any building, part of building,
grounds, room or place, who leases or lets the premises for the
operation of any unlicensed business or assents that the premises be
used for any such purpose, is in violation of this title and shall be
subject to a penalty of one hundred dollars per day for every day during
which the unlicensed business operates. This penalty shall be
prosecuted, sued for and recovered in the name of the city.
d. The corporation counsel is authorized to bring an injunction
proceeding to restrain or enjoin any violation of this title.
Section 20-107
* § 20-107 Applications; filing fee; license fee. All applications for
licenses shall be made to the commissioner or the commissioner's
designee in such form and detail as shall be prescribed. Except as
specifically provided in chapter two, every application shall include
the license fee for the full license term. If the license is not issued,
the lesser of fifty dollars or one-half of the amount of the annual
license fee shall be retained by the department as a non-returnable
filing fee. In the event a license is issued for less than the full
license term, the applicable fee shall be decreased proportionately to
the nearest half year, except that in no case shall the fee be less than
the fee for one-half year. Where a two year license is surrendered for a
reason other than suspension or revocation and less than one year of the
license term has expired, the licensee may apply for a refund of an
amount equal to one year's license fee. Except as otherwise specifically
provided for in chapter two, reference to fees, license fees or any
other word of similar import shall be deemed to be the license fee for
one year. Notwithstanding any inconsistent provision of this section,
whenever the commissioner increases or decreases the term of a type of
license pursuant to section 20-108 of this chapter, the fee for such
license shall be increased or decreased proportionately and the amount
of refund due upon surrender of such license before the expiration of
the term for a reason other than suspension or revocation shall be
prorated to the unexpired term.
* NB Effective until April 16, 2014
* § 20-107 Applications; filing fee; license fee. a. All applications
for licenses shall be made to the commissioner or the commissioner's
designee in such form and detail as shall be prescribed.
b. Every application for a license or the renewal of an existing
license shall provide an opportunity for the applicant to indicate the
language in which he or she would prefer that inspections in connection
with such license be conducted. Nothing in this subdivision nor any
failure to comply with such preference shall be construed so as to
create a cause of action or constitute a defense in any legal,
administrative, or other proceeding.
c. Except as specifically provided in chapter two, every application
shall include the license fee for the full license term. If the license
is not issued, the lesser of fifty dollars or one-half of the amount of
the annual license fee shall be retained by the department as a
non-returnable filing fee. In the event a license is issued for less
than the full license term, the applicable fee shall be decreased
proportionately to the nearest half year, except that in no case shall
the fee be less than the fee for one-half year. Where a two year license
is surrendered for a reason other than suspension or revocation and less
than one year of the license term has expired, the licensee may apply
for a refund of an amount equal to one year's license fee. Except as
otherwise specifically provided for in chapter two, reference to fees,
license fees or any other word of similar import shall be deemed to be
the license fee for one year. Notwithstanding any inconsistent provision
of this section, whenever the commissioner increases or decreases the
term of a type of license pursuant to section 20-108 of this chapter,
the fee for such license shall be increased or decreased proportionately
and the amount of refund due upon surrender of such license before the
expiration of the term for a reason other than suspension or revocation
shall be prorated to the unexpired term.
* NB Effective April 16, 2014
Section 20-108
§ 20-108 License terms. a. The commissioner shall establish by
regulation the expiration date of licenses issued pursuant to chapter
two.
b. Licenses issued pursuant to chapter two shall be for a two-year
term unless otherwise specifically provided for in chapter two;
provided, however, that whenever the commissioner changes the expiration
date of a type of license pursuant to subdivision a of this section, he
or she may also increase or decrease the term of such type of license by
rule to the extent necessary to effectuate the change.
Section 20-109
§ 20-109 Transferability. No license issued under chapter two shall be
assignable or transferable unless otherwise specifically provided by law
or regulation or rule issued by the commissioner.
Section 20-110
§ 20-110 Change of corporate ownership. Where any person or
organization becomes the beneficial owner of ten percent or more of the
stock of an organization to which a license has been granted pursuant to
chapter two, if such person or organization previously did not hold at
least a ten percent interest, such license shall immediately become void
unless prior written approval of the commissioner or the commissioner's
designee is obtained.
Section 20-111
§ 20-111 Change in a partnership. Any license issued under chapter two
shall immediately become void upon the addition or termination of any
general partner or upon the dissolution of a partnership unless prior
written approval of the commissioner or the commissioner's designee is
obtained.
Section 20-112
§ 20-112 Address of licensed activity. Except as specifically provided
in chapter two, a license shall be valid only for the location
designated upon the application therefor, except in the case of licenses
issued for activities which in their nature are carried out at large and
not at a fixed place of business. No license shall be issued for more
than one location. Licensees shall, at least ten days prior thereto,
notify the commissioner or the commissioner's designee by registered or
certified mail, or personal service, of any change of address of the
licensed premises or of the residence of the licensee.
Section 20-113
§ 20-113 Trade name. A license issued under chapter two shall be valid
only for activities conducted under the name of the person or
organization to whom such license was issued or under the trade name
stated in the application therefor; if a licensed activity is to be
conducted under a trade name, the application must state that trade
name. No license shall be issued for more than one trade name, and no
licensed activity may be carried out under more than one such name;
provided, however, that if a person or organization was engaged in bona
fide licensed activities under more than one such trade name or was
issued a license to conduct licensed activities under more than one
trade name prior to June fifth, nineteen hundred seventy-three, a single
license shall be issued for such trade names. Licensees shall notify the
commissioner or the commissioner's designee of any change of trade name
at least ten days before such change becomes effective, and no such
change may take place without the prior written approval of the
commissioner or the commissioner's designee.
Section 20-114
§ 20-114 Inspection; display of license. a. All licensed vehicles or
places of business shall be regularly inspected, and reports thereof
shall be made to the commissioner.
b. All licensees shall conspicuously post on their premises, licenses
issued under chapter two and said licenses shall be accessible at all
times for inspection by any interested person. Licensees having no fixed
place of business shall exhibit their licenses upon the request of any
interested person.
Section 20-115
§ 20-115 Bonds. Except as specifically provided in chapter two, a bond
may be required for any licensed activity in a form and amount approved
by the commissioner for the due observance of the provisions of chapter
two and the laws, regulations and rules governing the conduct of
licensed activities. The amount of the bond shall be established by the
commissioner after a public hearing, five-day notice of which shall be
published in the City Record.
Section 20-116
§ 20-116 Advertising. a. Any person required to be licensed under
chapter two or pursuant to provisions of state law enforced by the
department to carry on a trade, occupation or business activity, who is
not so licensed may not advertise the availability of goods and services
related to the carrying on of such trade, occupation or business
activity in any print publication or broadcast media having a
circulation or audience within the city.
b. The commissioner after notice and hearing shall be authorized to
impose civil penalties upon any person found to have violated
subdivision a of this section. Such penalties shall be levied for each
broadcast of such advertisement and shall be not less than fifty dollars
nor more than two hundred fifty dollars for each violation. Such
penalties for printed advertisements shall be determined based on the
period of time the publication in which the advertisement appears
remains current. The current period shall be determined as that time
when a publication is initially offered for sale until the period when
the next dated publication is offered for sale. In no case shall this
period be less than twenty-four hours. If the current period is:
daily, such penalty shall be not less than fifty dollars nor more than
one hundred dollars per day;
weekly, such penalty shall be not less than two hundred fifty dollars
nor more than three hundred fifty dollars per week;
greater than one week and not more than one month, such penalty shall
be not less than three hundred fifty dollars nor more than five hundred
dollars;
greater than one month, such penalty shall be not less than five
hundred dollars nor more than one thousand dollars.
Such civil penalties may be recovered in a civil action before any
court having jurisdiction of such actions.
c. The commissioner shall promulgate regulations requiring that any
person required to be licensed under this title or pursuant to
provisions of state law enforced by the department shall state in all
print advertising with respect to such licensed activity the license
number, and that the activity is licensed by the department.
Section 20-117.
§ 20-117. Licensee disclosure of security breach; notification
requirements.
a. Definitions. For the purposes of this section,
1. The term "personal identifying information" shall mean any person's
date of birth, social security number, driver's license number,
non-driver photo identification card number, financial services account
number or code, savings account number or code, checking account number
or code, brokerage account number or code, credit card account number or
code, debit card number or code, automated teller machine number or
code, personal identification number, mother's maiden name, computer
system password, electronic signature or unique biometric data that is a
fingerprint, voice print, retinal image or iris image of another person.
This term shall apply to all such data, notwithstanding the method by
which such information is maintained.
2. The term "breach of security" shall mean unauthorized possession of
personal identifying information that compromises the security,
confidentiality or integrity of such information. Good faith or
inadvertent possession of any personal identifying information by an
employee or agent of the licensee for the legitimate purposes of the
business of the licensee shall not constitute a breach of security.
b. Any person required to be licensed pursuant to chapter two of this
title, or pursuant to provisions of state law enforced by the
department, that owns or leases data that includes personal identifying
information and any person required to be licensed pursuant to chapter
two of this title, or pursuant to provisions of state law enforced by
the department, that maintains but does not own data that includes
personal identifying information shall immediately disclose to the
department and to the police department any breach of security following
discovery by a supervisor or manager, or following notification to a
supervisor or manager, of such breach if such personal identifying
information is reasonably believed to have been acquired by an
unauthorized person.
c. Subsequent to compliance with the provisions set forth in
subdivision b of this section, any person required to be licensed
pursuant to chapter two of this title, or pursuant to provisions of
state law enforced by the department, that owns or leases data that
includes personal identifying information shall disclose, in accordance
with the procedures set forth in subdivision e of this section, any
breach of security following discovery by a supervisor or manager, or
following notification to a supervisor or manager, of such breach to any
person whose personal identifying information was, or is reasonably
believed to have been, acquired by an unauthorized person.
d. Subsequent to compliance with the provisions set forth in
subdivision b of this section, any person required to be licensed
pursuant to chapter two of this title, or pursuant to provisions of
state law enforced by the department, that maintains but does not own
data that includes personal identifying information shall disclose, in
accordance with the procedures set forth in subdivision e of this
section, any breach of security following discovery by a supervisor or
manager, or following notification to a supervisor or manager, of such
breach to the owner, lessor or licensor of the data if the personal
identifying information was, or is reasonably believed to have been,
acquired by an unauthorized person.
e. The disclosures required by subdivisions c and d of this section
shall be made as soon as practicable by a method reasonable under the
circumstances. Provided said method is not inconsistent with the
legitimate needs of law enforcement or any other investigative or
protective measures necessary to restore the reasonable integrity of the
data system, disclosure shall be made by at least one of the following
means:
1. Written notice to the individual at his or her last known address;
or
2. Verbal notification to the individual by telephonic communication;
or
3. Electronic notification to the individual at his or her last known
e-mail address.
f. Should disclosure pursuant to paragraphs one, two or three of
subdivision e be impracticable or inappropriate given the circumstances
of the breach and the identity of the victim, such disclosure shall be
made by a mechanism of the licensee's choosing, provided such mechanism
is reasonably targeted to the individual in a manner that does not
further compromise the integrity of the personal information disclosed
and has been approved, or is in compliance with rules promulgated, by
the Commissioner.
g. Any person required to be licensed pursuant to chapter two of this
title, or pursuant to provisions of state law enforced by the
department, that discards any records of an individual's personal
identifying information shall do so in a manner intended to prevent
retrieval of the information contained therein or thereon.
h. Any person required to be licensed pursuant to chapter two of this
title, or pursuant to provisions of state law enforced by the
department, who shall violate any of the provisions of this section,
upon conviction thereof, shall be punishable by a fine of not more than
five hundred dollars ($500) and shall be liable for a civil penalty of
one hundred dollars ($100) for each violation.
Section 20-118
§ 20-118 Notifications regarding identity theft. Any person, firm,
partnership, corporation or association required to be licensed under
chapter two, or pursuant to provisions of state law enforced by the
department, shall immediately notify the department upon the occurrence
of a judgment against such person, firm, partnership, corporation or
association for theft of identity; a conviction of such person, firm,
partnership, corporation or association of an offense specified in
subdivision g of section 20-104 of this chapter; or a conviction of the
person's, firm's, partnership's, corporation's or association's
employees or associates for acts of identity theft or unlawful
possession of personal identification information as defined in article
one hundred ninety of the penal law that are committed with the use of
the person's, firm's, partnership's, corporation's or association's
equipment, data, technology, or other similar resource.