Section 20-531
§ 20-531 License required; definitions.
a. 1. No person shall engage in booting without having first obtained
a license therefor pursuant to this subchapter.
2. Notwithstanding the provisions of paragraph one of this
subdivision, an individual shall not require a license issued pursuant
to this subchapter where such individual is an employee of and is
authorized or directed to engage in booting by a person required to be
licensed by this subchapter.
b. For the purposes of this subchapter, the following terms shall have
the following meanings:
1. "Boot" or "booting" shall mean the act of placing on a parked motor
vehicle a mechanical device that is designed to be attached to the wheel
or tire or other part of such vehicle so as to prohibit its usual manner
of movement;
2. "Person" shall mean any individual, partnership, corporation,
association, firm or other business entity; and
3. "Private parking lot" shall mean any area of private property near
or contiguous to premises having one or more stores or business
establishments which is used for the parking of motor vehicles of
customers or patrons or any one who frequents such stores and business
establishments, but shall be limited to such areas as are provided to
the public without charge.
c. No licensee shall boot, permit or authorize booting in violation of
the provisions of this subchapter or section 19-169.2 of this code or
any rule promulgated pursuant to this subchapter or section 19-169.2 of
this code.
d. A licensee shall be liable for any violation by such licensee's
employees or agents of this subchapter, section 19-169.2 of this code or
any rule promulgated pursuant to this subchapter or section 19-169.2 of
this code.
Section 20-532
§ 20-532 Application; fingerprinting; fee; term. a. An application for
any license required under this subchapter or for any renewal thereof
shall be made to the commissioner in such form and manner as the
commissioner shall prescribe by rule. An applicant for any such license
shall be fingerprinted by the department for the purpose of securing
criminal history records from the state division of criminal justice
services and shall pay a processing fee as required by the state
division of criminal justice services. Where the applicant is a sole
proprietorship, fingerprints shall be taken of the owner thereof; where
the applicant is a partnership, fingerprints shall be taken of the
general partners thereof; where the applicant is a corporation,
association, firm or other business, fingerprints shall be taken of the
officers, principals, directors, and stockholders of more than ten
percent of the outstanding stock. Any person required to be
fingerprinted hereunder shall furnish to the department three current
passport size photographs of such persons. Notwithstanding the
foregoing, the commissioner need not require applicants for licenses
required under this subchapter to be fingerprinted if criminal history
records concerning such applicants are not available from the state
division of criminal justice services.
b. There shall be a biennial fee for a license pursuant to this
subchapter which shall be three hundred and forty dollars.
c. All licenses issued pursuant to this subchapter shall expire on
December thirty-first, in odd-numbered years, unless sooner suspended or
revoked.
d. The commissioner may refuse to issue any license required under
this subchapter if such applicant or any employee or agent of such
applicant has engaged in conduct which would constitute a basis for
license suspension or revocation under this title.
Section 20-532.1
§ 20-532.1 Bond required. As a condition of the issuance of a license
to engage in booting, each applicant for such license or a renewal
thereof shall furnish to the commissioner a surety bond in the sum of
five thousand dollars, payable to the city of New York, executed by the
applicant and a surety approved by the commissioner. Such bond shall be
conditioned upon the applicant's compliance with the provisions of this
subchapter, section 19-169.2 of this code or subchapter one of chapter
five of this title and any rules promulgated thereunder, and upon the
further condition that the applicant will pay to the city any fine,
penalty or other obligation relating to a violation of this subchapter,
section 19-169.2 of this code or subchapter one of chapter five of this
title and any rules promulgated thereunder, within thirty days of its
imposition, or any final judgment recovered by any person whose motor
vehicle was booted by the applicant and was damaged thereby. The
commissioner may in his or her discretion, after a public hearing upon
five days notice published in the City Record, increase the amount of
the surety bond required by this section to an amount not to exceed
twenty-five thousand dollars. The commissioner may by rule authorize an
applicant, in lieu of furnishing a bond, to satisfy the requirements of
this section by depositing cash in an amount equal to the amount of the
surety bond required by this section or by rule of the commissioner.
Section 20-533.
§ 20-533. Suspension, revocation and renewal of licenses. After due
notice and opportunity to be heard, the commissioner may suspend, revoke
or refuse to renew any license required by this subchapter upon a
determination that the licensee or any employee or agent of such
licensee has violated any provision of this subchapter, section 19-169.2
of this code or any rule promulgated pursuant to this subchapter or
section 19-169.2 of this code.
Section 20-534
§ 20-534 Records. Every person licensed to engage in booting shall
maintain books, records, ledgers, receipts, bills and such other written
records as the commissioner may prescribe by rule. Such records shall be
made available for inspection by the commissioner at his or her request
at either the licensee's place of business or at the offices of the
department.
Section 20-535
§ 20-535 Charges and release of vehicles. a. The charge to release a
motor vehicle that has been booted on a private parking lot shall be no
more than twenty-five dollars. Notwithstanding the provisions of any
other law, where a motor vehicle has been booted on a private parking
lot and subsequently towed from such parking lot, no additional charge
may be imposed for the towing of such vehicle.
b. Any person who has booted a motor vehicle shall release such
vehicle within thirty minutes of receiving a request for such vehicle's
release; provided, however, that payment of any charge for booting is
made at or prior to the time of such vehicle's release.
c. The owner or person in control of a vehicle which has been booted
by a licensee or such licensee's employee or agent shall be permitted to
pay any charge for booting at the location where such vehicle was booted
and the licensee, or other person authorized to accept payment, shall
accept such payment, in person by credit card in accordance with
generally accepted business practices.
Section 20-536
§ 20-536 Enforcement and penalties. Authorized employees of the
department, or the department of transportation, or any police officer,
shall have the power to enforce any provision of this subchapter or any
rule promulgated pursuant thereto. Any person who violates any provision
of this subchapter or any rule promulgated pursuant thereto shall be
liable for a civil penalty of not less than five hundred nor more than
one thousand dollars.
Section 20-537
§ 20-537 Rules. The commissioner shall promulgate such rules as the
commissioner deems necessary to effectuate the provisions of this
subchapter.
Section 20-538
§ 20-538 Applicability. The provisions of this subchapter shall not
apply to the booting of a motor vehicle by:
a. The city, any other governmental entity, or a person acting under
the direction of the city or such governmental entity, when such booting
is authorized by any other provision of law or any rule or regulation
promulgated pursuant thereto; or
b. Any person who has a lien pursuant to section 184 of the lien law
and who detains such motor vehicle in his or her lawful possession.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.