Section 22-201
§ 22-201 Legislative findings. The council hereby finds that the
fulton fish market, the center of New York's wholesale seafood industry
located in lower Manhattan, has for decades been corruptly influenced by
organized crime; that organized crime's corrupting influence over
certain functions in the market, including the unloading and loading
functions, has resulted in the commission of numerous crimes and
wrongful acts there, including but not limited to physical violence or
threats of violence, property damage, and thefts; that organized crime's
corrupting influence over the market has fostered and sustained a cartel
that has forced seafood suppliers and truckers to use particular
unloading crews at fixed prices in an anticompetitive scheme that has
been censured by a federal judge; that organized crime's corrupting
influence has resulted in retailers parking on city streets and city
property nevertheless having to pay high fees to private loading crews
whose principal function has been to provide "security" for those
vehicles and their contents while retailers have purchased fish in the
crime-ridden market area; and that these corrupting influences have
further resulted in higher prices for wholesale seafood than would
otherwise have to be paid in the absence of this activity. The council
further finds that despite the repeated efforts of law enforcement to
prosecute crimes there and the presence of a court-appointed
administrator for the market, the problem of organized crime corruption
in the market has persisted. The council further finds that the market's
businesses, including wholesalers, seafood deliverers, unloaders and
loaders, have not been effectively regulated by the city in the past
under existing laws and regulations governing public markets, even
though they often operate on city property, albeit without leases,
licenses and registration. The council further finds that, in the
absence of an effective regulatory scheme, wholesalers have established
a "gray market" in tenancies at rates in excess of those being paid to
the city and have thus deprived the public of its rightful return on
city property, and further, that unscrupulous businesses have taken
advantage of this absence of regulation to engage in fraudulent
practices, such as the creation of "phantom wholesalers" whose
businesses disappear from the market before payment can be obtained from
them for seafood they have received from suppliers, and that such
practices have discouraged suppliers from utilizing the market area.
The council therefore finds and declares that in order to provide for
the more efficient and orderly conduct of business in the market area,
to ensure that any such activities are lawfully conducted, to promote
the economic vitality of the market and to protect the public interest,
it is necessary for the commissioner of small business services to have
expanded authority to license and/or register businesses in the market
area and to regulate the conduct of such businesses. In particular, the
council finds that, in order to achieve these objectives, the
commissioner of small business services should be authorized to issue
requests for licensing proposals to provide unloading and loading
services in the market area and, at his or her discretion, issue one or
more unloading and loading licenses based on the review and evaluation
of responses received pursuant to such requests. In the event that no
appropriate responses are received to such requests, the commissioner
should be authorized to arrange for the department of small business
services itself to perform unloading or loading services or to arrange
that they be performed by a contractor or a designee of the department.
The council recognizes that complaints have been made about the
conduct of seafood distribution activities outside the market area and
finds further that the conditions which have given rise to corruption in
the market area can exist in other areas where there are wholesale
seafood businesses or concentrations of such businesses. The council
also recognizes that representatives of such businesses have threatened
to move their operations elsewhere and that some may relocate to other
parts of the city. The council thus finds and declares that it is also
necessary for the commissioner of small business services to have
authority to regulate seafood distribution in areas of the city outside
the market area in which such seafood businesses may concentrate.
Application of this chapter will enhance the city's ability to address
organized crime corruption and to protect consumers and the many honest
business persons who do business in or with the market or at other
seafood distribution areas. It is thus the council's intent to empower
the city to have greater regulatory authority over the conduct of
business in the market and in other seafood distribution areas.
Section 22-202
§ 22-202 Definitions. For the purposes of this chapter, the following
terms shall have the following meanings:
a. "Applicant" shall mean, if a business entity submitting a response
to a request for licensing proposals, an application for a temporary
license or a registration application, the entity itself and all the
principals thereof; if an individual submitting an application for a
photo identification card, such individual.
b. "Business entity" shall mean a sole proprietorship, partnership,
corporation, or other entity established under law and authorized to
conduct business within the state of New York.
c. "Commissioner" shall mean the commissioner of small business
services.
d. "Department" shall mean the New York city department of small
business services.
e. "Designee of the department" shall mean the department of citywide
administrative services and, with respect to loading services or the
direction of traffic within the market area, the department of
transportation.
f. "Fulton fish market distribution area" or "market area" shall mean
the area beginning at the point where the westerly street line of water
street intersects the southerly street line of maiden lane; thence
easterly along the southerly street line of maiden lane as extended to
the east river U.S. pierhead line; thence northerly along the east river
U.S. pierhead line to the northerly street line of robert wagner sr.
place as extended; thence westerly along the northerly street line of
robert wagner sr. place to the prolongation of the westerly street line
of pearl street; thence southerly along the westerly street line of
pearl street to the southerly street line of fulton street; thence
easterly along the southerly street line of fulton street to the
westerly street line of water street; thence southerly along the
westerly street line of water street to the point of beginning.
g. "Loader" shall mean an individual who performs loading services.
h. "Loading business" shall mean any business entity that, for a
payment, provides loading services.
i. "Loading services" shall mean services performed by a loader and
provided by a loading business for a purchaser of seafood, including
parking such purchaser's vehicle, moving such vehicle when necessary for
traffic control, loading seafood onto such vehicle, and ensuring the
security of such vehicle and the seafood loaded thereon; provided,
however, that the term shall not mean the loading of seafood onto the
vehicle of a purchaser when such loading is performed by an employee of
a wholesaler by delivering seafood from such wholesaler to the vehicle
of the purchaser thereof or by an employee of such purchaser.
j. "License" shall mean an unloading business license or a loading
business license issued by the commissioner authorizing the conduct of
such business in the market area.
k. "Market manager" shall mean a person designated by the commissioner
to supervise operations in the market area or a seafood distribution
area designated by the commissioner pursuant to section 22-222 of this
chapter and to maintain and distribute a list of wholesalers pursuant to
subdivision a of such section. Such supervision shall include, without
limitation: implementation of rules promulgated pursuant to this chapter
and the authority to enforce violations of any provision of this chapter
or the rules promulgated thereunder; supervision of department staff
employed in the market area; response to complaints relating to the
operation of businesses in the market area; examination of documents
required to be maintained by a licensee or registrant pursuant to this
chapter; referrals, where appropriate, to any law enforcement,
investigative or prosecutorial agency of matters occurring within the
market area; and such other functions and duties as the commissioner may
assign consistent with the provisions of this chapter.
I. "Principal" shall mean, of a sole proprietorship, the proprietor;
of a corporation, every officer, director and stockholder holding ten
percent or more of the outstanding shares of the corporation; of a
partnership, all the partners; if another type of business entity, the
chief operating officer or chief executive officer, irrespective of
organizational title, and all persons or entities having an ownership
interest of ten percent or more; and with respect to all business
entities, all other persons participating directly or indirectly in the
control of such business entity. Where a partner or stockholder holding
ten percent or more of the outstanding shares of a corporation is itself
a partnership or a corporation, a "principal" shall also include the
partners of such partnership or the officers, directors and stockholders
holding ten percent or more of the outstanding shares of such
corporation, as is appropriate. For the purposes of this chapter (1) an
individual shall be considered to hold stock in a corporation where such
stock is owned directly or indirectly by or for (i) such individual;
(ii) the spouse or domestic partner of such individual (other than a
spouse who is legally separated from such individual pursuant to a
judicial decree or an agreement cognizable under the laws of the state
in which such individual is domiciled); (iii) the children,
grandchildren and parents of such individual; (iv) a partnership in
which such individual is a partner in proportion to the partnership
interest of such individual; and (v) a corporation in which any of such
individual, the spouse, domestic partner, children, grandchildren or
parents of such individual in the aggregate own fifty percent or more in
value of the stock of such corporation; (2) a partnership shall be
considered to hold stock in a corporation where such stock is owned,
directly or indirectly, by or for a partner in such partnership; and (3)
a corporation shall be considered to hold stock in a corporation that is
an applicant as defined in this section where such corporation holds
fifty percent or more in value of the stock of a third corporation that
holds stock in the applicant corporation.
m. "Seafood" shall mean fish, seafood or consumables derived
therefrom.
n. "Seafood delivery business" or "seafood deliverer" shall mean any
business entity, that, for payment, delivers seafood from wholesalers in
the market area by truck or other vehicle to retail establishments or
other wholesalers.
o. "Stand permit" shall mean an occupancy permit granted by the
commissioner subject to such conditions as the commissioner shall
prescribe authorizing use of city property by a wholesaler for the
placement of seafood in an area extending into a city street.
p. "Unloader" shall mean an individual who performs unloading
services.
q. "Unloading business" shall mean any business entity that, for a
payment, provides unloading services.
r. "Unloading services" shall mean the unloading of seafood from a
truck or other vehicle in which such seafood has been transported from
suppliers and the delivery thereof to wholesalers or the transfer
thereof to other trucks or vehicles for transport to other locations.
s. "Wholesaler" or "wholesale seafood business" shall mean any
business entity which sells or offers for sale seafood for resale to the
public, whether or not such business entity also sells or offers for
sale seafood directly to the public; except that "wholesaler" shall not
include any such entity that is primarily engaged in the sale of seafood
that has been processed and packaged by another business for sale to
consumers in such packaged form.
Section 22-202.1
§ 22-202.1 A market business in the fulton fish market distribution
area as such term is defined in section 22-251 of this code shall be
subject to the provisions governing market businesses in chapter 1-B of
this title.
Section 22-203
§ 22-203 Photo identification card required. a. The market manager
shall issue photo identification cards to those principals, employees
and agents of any business licensed pursuant to this chapter who perform
any function directly related to the handling or transportation of
seafood within or from the market area. Such cards shall be termed class
A photo identification cards and shall be issued subject to the
provisions set forth in section 22-216 of this chapter and the fee for
such card established by the commissioner by rule pursuant to section
22-223 of this chapter. Such cards shall be displayed so as to be
readily visible to others during the hours of market operation, as
designated by the market manager.
b. (i) In addition to the identification cards issued pursuant to
subdivision a of this section, the market manager shall issue photo
identification cards to those principals and employees of any business
entity registered pursuant to this chapter and also to any agent of such
registrant, other person or business entity who performs any function
directly related to the handling and transportation of seafood within or
from the market area. Such identification cards shall be termed class B
photo identification cards and shall be issued subject to such
requirements and fees as the commissioner shall promulgate by rule
pursuant to section 22-223 of this chapter. Such cards shall be
displayed so as to be readily visible to others during the hours of
market operation designated by the market manager.
(ii) Notwithstanding any provision of this subdivision, the
commissioner may, when there is reasonable cause to believe that an
applicant for a class B photo identification card lacks good character,
honesty and integrity, require that such applicant be fingerprinted and
provide to the commissioner the information set forth in subdivision a
of section 22-216 of this chapter. The commissioner may thereafter,
after notice and opportunity to be heard, refuse to issue a photo
identification card for the reasons set forth in subdivision b of such
section.
(iii) If at any time subsequent to the issuance of a class B photo
identification card, there is reasonable cause to believe that the
holder thereof does not possess good character, honesty and integrity,
the commissioner may require such person to be fingerprinted and to
provide the background information required by subdivision a of section
22-216 of this chapter and may, after notice and opportunity for a
hearing, revoke such class B photo identification card for the reasons
set forth in subdivision b of such section.
c. The market manager may, where appropriate, issue a provisional
photo identification card to an employee or agent of a licensee or
registrant who has submitted the information and fee required by this
chapter or any rules promulgated thereunder. A photo identification card
issued pursuant to this paragraph shall be valid until the commissioner
has either issued or denied a permanent identification card, unless such
provisional card has been revoked or suspended prior thereto in
accordance with the procedures set forth in this chapter. The market
manager, may, in his or her discretion, also make provision for
temporary identification cards, which shall be valid for a period not to
exceed six weeks, to be issued to persons employed by unloaders,
loaders, wholesalers and seafood deliverers on a seasonal or other
temporary basis.
d. A photo identification card issued pursuant to this section shall
bear a photograph of the person to whom it was issued and such other
identifying information as may be specified by the commissioner.
Section 22-204
§ 22-204 Unloading business license required. a. It shall be unlawful
to conduct an unloading business or otherwise provide unloading services
in the fulton fish market distribution area without having first
obtained an unloading business license from the commissioner pursuant to
the provisions of this section. An unloading business license shall not
be transferable.
b. The commissioner shall issue a request for licensing proposals and
shall, at his or her discretion, issue one or more unloading business
licenses based upon the review and evaluation of responses received
pursuant to such request. Such request for proposals shall solicit
information regarding the qualifications of proposers, their proposed
methods of unloading, the labor and equipment they propose to utilize in
the unloading operation, rates proposed to be charged to wholesalers,
procedures proposed to be used to comply with sanitary requirements, and
any other information relating to performance standards, responsibility
and service that the commissioner deems appropriate. A proposal in
response to a request for licensing proposals issued pursuant to this
section shall be submitted on behalf of a business entity by all the
principals thereof on a form bearing the signatures of all such
principals.
c. A license issued pursuant to this section shall state the name,
address and telephone number of the licensee and the names and business
addresses of all principals of such licensee. A copy of such license
shall be presented by the unloading business to any wholesaler upon
request.
d. A license issued pursuant to this section shall also contain
conditions that: (i) specify the maximum rates to be charged to
wholesalers; (ii) specify the standard and level of performance of
unloading and customer service which shall be maintained throughout the
term of the license to ensure the continuing efficient unloading of
seafood in the market area; (iii) require that the unloading business
obtain a performance bond or such other guarantee of performance that
the commissioner determines is appropriate and sufficient to cover any
cost incurred by the city in providing or performing unloading services
pursuant to section 22-208 of this chapter due to revocation of the
license or default in the performance of the conditions specified in the
license and specify the amount of such performance bond or guarantee;
and (iv) prescribe any other appropriate requirements relating to
performance standards, customer service, security of performance, the
use of city property, or such other matters as the commissioner deems
appropriate and necessary to effectuate the purposes of this chapter.
e. An unloading business licensed pursuant to this section may not
charge more for the provision of unloading services than the maximum
rate set forth in the license without the written permission of the
commissioner, nor may an unloading business or any principal, employee
or agent thereof request or accept any other fees or gratuities for
performing unloading services.
f. No unloading business licensee, shall, by contract or otherwise,
assign or delegate to or engage any other business entity to provide the
unloading services specified in the license, whether upon an emergency
or any other basis, unless the commissioner has provided specific
written authorization therefor.
g. (i) The commissioner shall be authorized, upon due notice and
opportunity for a hearing, to suspend or revoke a license issued
pursuant to this section based upon a determination that there has been
a default in the performance of the conditions specified in such license
or for reasons set forth in sections 22-217 or 22-218 of this chapter.
The commissioner shall also be authorized to pursue other remedies for a
default in the performance of the conditions specified in the license,
including but not limited to, reimbursement for any expenses incurred by
the department in performing or providing unloading services in the
market area.
(ii) In the event of such suspension or revocation, or when the
commissioner determines that additional unloading services are required
because a licensee has discontinued unloading operations in the market
area or the existing unloading business or businesses are for other
reasons unable to provide adequate or sufficient unloading services in
the market area, the commissioner may, as he or she deems appropriate,
issue a new license to one or more business entities which responded to
the most recent request for licensing proposals, issue a new request for
licensing proposals pursuant to this section or arrange for the
department, a designee of the department or an entity under contract to
the department to provide unloading services in the market area. A new
license issued pursuant to a request for licensing proposals shall be
valid for the remainder of the term of the original license. The
commissioner may also solicit expressions of interest from business
entities in providing unloading services on a temporary basis and may
issue a temporary license or licenses to provide unloading services in
the market area to the most qualified of such entities in a situation
where the suspension or revocation of a license or the discontinuance of
unloading operations by a licensee has created a shortage of unloading
services in the market area or the existing unloading business or
businesses are for other reasons unable to provide adequate or
sufficient unloading services. A temporary license issued pursuant to
this subdivision shall be valid for a period of up to one year, provided
that such license shall not extend beyond the remainder of the term of
the original license. The fee for such temporary license shall be
prorated to the term of the original license.
h. Prior to the expiration of the term of a license issued pursuant to
this section, the commissioner shall issue a new request for licensing
proposals pursuant to subdivision b of this section. Where the term of
such license has been extended for an additional period pursuant to
section 22-213 of this chapter, the new request for licensing proposals
shall be issued prior to the expiration of such period.
Section 22-205
* § 22-205 Conduct of unloading businesses. The commissioner may
establish by rule such measures as he or she deems appropriate and
necessary to ensure the orderly and lawful unloading of seafood in the
fulton fish market distribution area, including but not limited to: (i)
a procedure for determining the order in which trucks or other vehicles
are unloaded; (ii) designation of waiting areas for trucks that enter
the fulton fish market distribution area; (iii) designation of unloading
areas in the fulton fish market distribution area and, in the event such
designated unloading area is located on property belonging to the city,
the charging of a fee for the use of such property by an unloading
business; (iv) designation of hours for the unloading of seafood in the
fulton fish market distribution area; (v) documentation requirements for
the delivery and receipt of seafood; (vi) requirements for the disposal
of waste and other sanitary measures; (vii) provisions prescribing
maintenance and availability of records for inspection by the
commissioner or the market manager; and (viii) appropriate insurance and
bonding requirements.
* NB There are 2 § 22-205's
Section 22-206
§ 22-206 Loading license required. a. It shall be unlawful to conduct
a loading business or otherwise provide loading services in the fulton
fish market distribution area, or provide such services to purchasers of
seafood from wholesalers in such market area, without first having
obtained a loading business license issued by the commissioner pursuant
to the provisions of this section. A loading business license shall not
be transferable.
b. The commissioner shall issue a request for licensing proposals and
shall, at his or her discretion, issue one or more loading business
licenses based upon the review and evaluation of responses received
pursuant to such request. Such request for licensing proposals shall
solicit information regarding the rates proposed to be charged to
provide loading services in the market area, the areas in which loading
operations are proposed to be conducted, the labor proposed to be
utilized in providing loading services, and any other information
relating to performance standards, responsibility and service that the
commissioner deems appropriate. A proposal in response to a request for
licensing proposals issued pursuant to this section shall be submitted
on behalf of a business entity by all the principals thereof on a form
signed by all such principals.
c. A license issued pursuant to subdivision b of this section shall
state the name, address and telephone number of the licensee and the
names and business addresses of all principals of such licensee. A copy
of such license shall be presented by the loading business to any
wholesaler in the market area or purchaser of seafood from such
wholesalers or to an employee of such wholesaler or purchaser upon
request.
d. A license issued pursuant to this section shall also contain
conditions that: (i) specify the maximum rate to be charged for loading
services;
(ii) specify the standard and level of performance of loading services
which shall be maintained throughout the term of the agreement to ensure
efficient loading services in the market;
(iii) require that the loading business obtain a performance bond or
such other guarantee of performance that the commissioner determines is
appropriate and sufficient to cover any cost incurred by the city in
providing or performing services related to loading pursuant to section
22-208 of this chapter due to revocation of the license or default in
the performance of the conditions specified in the license and specify
the amount of such performance bond or guarantee; and
(iv) prescribe any other appropriate requirements relating to
performance standards, customer service, security of performance, the
use of city property, or such other matters as the commissioner deems
appropriate and necessary to effectuate the purposes of this chapter.
e. A loading business licensed pursuant to this chapter shall not
charge more than the maximum rates specified in the loading business
license, nor may a loading business or any principal, employee or agent
thereof request any other fee or gratuity for performing loading
services.
f. No loading business licensee, shall, by contract or otherwise,
assign or delegate to, or engage any other business entity to provide
loading services in the market area, whether upon an emergency or any
other basis, unless the commissioner has provided specific written
authorization therefor.
g. (i) The commissioner shall be authorized, upon due notice and
opportunity for a hearing, to suspend or revoke a license issued
pursuant to this section based upon a determination that there has been
a default in the performance of the conditions specified in such license
or for reasons set forth in section 22-217 or 22-218 of this chapter.
The commissioner shall also be authorized to pursue other remedies for a
default in the performance of the conditions specified in the license,
including but not limited to, reimbursement for any expenses incurred by
the department in performing or providing loading services in the market
area.
(ii) In the event of such suspension or revocation, or when the
commissioner determines that additional loading services are required
because a licensee has discontinued loading operations in the market
area or because the existing loading business or businesses are for
other reasons unable to provide adequate or sufficient loading services
in the market area, the commissioner may, as he or she deems
appropriate, issue a new license to one or more business entities which
responded to the most recent request for licensing proposals previously
issued, issue a new request for licensing proposals pursuant to this
section or arrange for the department, a designee of the department or a
business entity under contract to the department to provide loading
services in the market area. A new license issued pursuant to a request
for licensing proposals shall be valid for the remainder of the term of
the original license. The commissioner may also solicit expressions of
interest from business entities to provide loading services in the
market area on a temporary basis and may also issue a temporary license
or licenses to provide loading services in the market area to the most
qualified of such entities in a situation where the suspension or
revocation of a license or the discontinuance of loading operations by a
licensee has created a shortage of loading services in the market area
or the existing licensed loading business or businesses are for other
reasons unable to provide adequate or sufficient loading services. A
temporary license issued pursuant to this subdivision shall be valid for
a period not to exceed one year, provided that such license shall not
extend beyond the remainder of the term of the original license. The fee
for such temporary license shall be prorated to the term of the original
license.
h. Prior to the expiration of a license issued pursuant to this
section, the commissioner shall issue a new request for licensing
proposals pursuant to subdivision b of this section. Where the term of
such license has been extended for an additional period pursuant to
section 22-213 of this chapter, the new request for licensing proposals
shall be issued prior to the expiration of such period.
i. Nothing in this chapter shall be construed to prevent the
commissioner from determining, for a reason other than those set forth
in subdivision g of this section, that the department itself, a designee
of the department or an entity under contract to the department shall
provide loading services on property owned by the city in the market
area. In the event that the department determines to provide such
services, the provisions of subdivisions a through g of this section
shall not apply.
j. Nothing in this chapter shall be construed to require the
department to authorize any party to use property owned by the city in
the market area for the purpose of conducting a loading business.
Section 22-207
§ 22-207 Conduct of loading businesses. a. The commissioner may
establish by rule such measures as he or she deems appropriate and
necessary to ensure the orderly and lawful conduct of loading businesses
in the fulton fish market distribution area. Such measures may include
the establishment of a voucher system under which (i) loaders are
prohibited from accepting cash payments for performing loading services
and (ii) persons wishing to have loading services performed for them may
purchase vouchers from the market manager and present them to loaders in
payment for loading services. Such vouchers shall thereafter be redeemed
by the loading business for payment from the market manager.
b. Such measures may also include, but shall not be limited to: (i)
appropriate insurance requirements; (ii) prohibitions on interference
with vehicles lawfully parked in the market area; (iii) designation of
loading areas in the market area, a requirement that a loading business
obtain a lease or an occupancy permit for the occupancy of property
owned by the city when a designated loading area is located on such
property and the establishment of a fee for such permit; (iv)
designation of hours during which loading services may be performed; (v)
provisions prescribing maintenance and availability of records for
inspection by the market manager or the commissioner; and (vi)
appropriate insurance and bonding requirements.
Section 22-208
§ 22-208 Loading and unloading services provided by the department. a.
Notwithstanding any provisions of this chapter to the contrary, the
commissioner may determine that the public interest will be best
protected by the department providing loading and/or unloading services
in the market. Such determination may also be made: (i) in the event
that suspensions or revocations of unloading business licenses or
loading business licenses have resulted in an insufficiency of such
services in the market area; or
(ii) following the review of licensing proposals to conduct an
unloading business made pursuant to section 22-204 of this chapter or of
licensing proposals to conduct a loading business made pursuant to
section 22-206 of this chapter, based upon a finding that there are an
insufficient number of business entities submitting proposals for
unloading or loading licenses, as the case may be, (1) whose principal
or principals meet the requirements of good character, honesty and
integrity set forth under this chapter or any rules promulgated pursuant
thereto; or (2) which are able to provide unloading or loading services,
as the case may be, in a manner consistent with the safe, lawful,
orderly and efficient operation of the market area at rates which are
fair and reasonable to customers.
b. Where the commissioner has made a determination pursuant to this
section, the department may provide unloading or loading services, as
the case may be, within the market area. Such services shall be provided
in accordance with all rules governing the conduct of unloading or
loading services prescribed under section 22-205 and section 22-207 of
this chapter, other than insurance and bonding requirements.
c. During any period in which the department provides services in the
market area under this section, it shall be unlawful for any other
person or business entity to provide or perform or offer to provide or
perform the same or similar services in the market area; provided,
however, that where the department does not provide all unloading or
loading services, as the case may be, in the market area, an unloading
business or a loading business that possesses a valid license to conduct
such business may continue to operate.
d. At any time following the commencement of a department service
under this section, the commissioner may solicit interest in order to
determine whether there are business entities interested in providing
unloading or loading services, as the case may be, in the market area
who meet the requirements of this chapter and can substitute for the
services being provided by the department. The commissioner may
thereupon issue a request for licensing proposals pursuant to the
provisions of section 22-204 or section 22-206 of this chapter and issue
a license pursuant to such sections. Notwithstanding the provisions of
this subdivision, the commissioner may at any time during a period in
which the department is providing services pursuant to this section
consider an application for an unloading business and/or loading
business license from a business entity interested in providing such
service. This subdivision shall not apply when the department has
determined, pursuant to the provisions set forth in subdivision g of
section 22-206, that the department itself shall perform loading
services on city owned property in the market area.
e. For the purposes of this section, services provided by the
department shall include those services provided by a designee of the
department, an entity under contract to the department, or by a
combination thereof.
Section 22-209
§ 22-209 Wholesaler registration and stand permits required. a. It
shall be unlawful for any business entity to conduct a wholesale seafood
business in the fulton fish market distribution area without having
first registered with and obtained a registration number from the
commissioner. A registration application shall be submitted by a
wholesale seafood business upon a form prescribed by the commissioner
containing such information as the commissioner shall require by rule
and shall be signed by all the principals of such wholesaler. A
registration number shall not be transferable. A wholesaler shall not
sublease or assign to another wholesaler the premises, or any portion
thereof with respect to which a wholesaler has registered his or her
wholesale seafood business, unless such proposed sublessee or assignee
has registered with and obtained a wholesaler registration number from
the commissioner. A wholesale seafood business shall, in accordance with
rules promulgated by the commissioner pursuant to section 22-223 of this
chapter, inform the commissioner of any change in the ownership
composition of such business, or of the addition or deletion of any
principal at any time subsequent to registration.
b. (i) Notwithstanding any provision of this chapter, the commissioner
may, when there is reasonable cause to believe that any or all of the
principals, employees or agents of a wholesaler lack good character,
honesty and integrity, require that any or all of such principals be
fingerprinted and provide to the commissioner the information set forth
in subdivision a of section 22-216 of this chapter. The commissioner may
thereafter, after notice and the opportunity to be heard, refuse to
register such wholesaler for the reasons set forth in subdivision b of
such section.
(ii) If at any time subsequent to the registration of a wholesaler,
the commissioner has reasonable cause to believe that any or all of the
principals, employees or agents of such wholesaler do not possess good
character, honesty and integrity, the commissioner may require that any
or all of such principals be fingerprinted and provide the background
information required by subdivision a of section 22-216 of this chapter
and may, after notice and the opportunity for a hearing, revoke the
registration of such wholesaler for the reasons set forth in subdivision
b of such section.
c. No wholesaler shall place seafood on the street without a stand
permit issued by the commissioner pursuant to this chapter. A stand
permit shall not be transferable. Except where the occupancy of a city
street under a stand permit is authorized under the terms of a lease
with the city of adjacent premises, the commissioner may set a charge to
a wholesaler for such occupancy under a stand permit calculated upon the
square footage of the area authorized to be used in such permit.
d. A wholesaler shall not allow any other person to place seafood in
the space for which such stand permit has been issued, except that a
wholesaler may, on a temporary basis, permit the use of such space by
another registered wholesaler who has received a shipment of seafood
that cannot be accommodated in the space from which such registered
wholesaler operates. No fee may be charged for such temporary use and
any such use shall be reported as soon as is practicable to the market
manager in accordance with rules promulgated by the commissioner
pursuant to this chapter.
e. Notwithstanding the provisions of subdivisions c and d of this
section, the holder of a stand permit may, after having first obtained
the prior written approval of the commissioner, allow no more than one
other registered wholesaler at any one time to place seafood on other
than a temporary basis in up to forty-nine percent of the space for
which such stand permit was issued. The holder of such permit may charge
a fee for the use of such space. Such fee shall be calculated by
multiplying the charge paid by the permit holder to the city for such
permit by the ratio of the amount of space being used to the amount of
space for which such permit was issued and the ratio of the time for
which such space will be used to the period of time for which such
permit was issued; except that a holder of a stand permit may charge a
fee exceeding the charge based on such calculation, provided that the
holder of such permit shall remit to the city an amount equal to
seventy-five percent of the difference between the actual fee charged
and the charge that would result from such calculation. A copy of the
written agreement allowing the use of such space shall be filed with the
market manager. Such agreement shall specify the amount of space and the
period for which use of such space is authorized and the fee being
charged.
f. A stand permit shall cease to be valid upon the expiration,
revocation or during a period of suspension of the registration of the
wholesale seafood business to which such stand permit has been issued.
However, where the holder of a stand permit has, pursuant to the
provisions of subdivisions d or e of this section, allowed another
registered wholesaler to use a portion of the space for which such
permit was issued such other registered wholesaler shall be permitted to
continue to conduct business in such space during such period of
suspension.
g. The market manager shall maintain and publish a list of all
wholesalers in the market area who are registered with the market
manager and who possess stand permits together with the registration
numbers of such wholesalers and the numbers of such permits. The market
manager shall make such list available to suppliers, shippers and
truckers and shall, upon request, verify to suppliers, shippers and
truckers whether such business entity is currently registered with the
commissioner and/or possesses a valid stand permit.
Section 22-210
§ 22-210 Conduct of wholesale seafood businesses. The commissioner may
establish by rule such measures as he or she deems necessary and
appropriate to ensure the orderly and lawful conduct of wholesale
seafood businesses in the market area, including but not limited to: (i)
designation of the city-owned property within the market area upon which
a wholesale seafood business may be conducted pursuant to a lease or
occupancy permit; (ii) requirements that wholesalers maintain and supply
their registration numbers and stand permit numbers to suppliers and
shippers of seafood; (iii) requirements for the disposal of waste and
other sanitary measures; (iv) requirements that wholesalers comply with
applicable federal, state and local laws, rules and regulations
regarding the handling of seafood; (v) appropriate insurance and bonding
requirements; and (vi) provisions prescribing maintenance and
availability of records for inspection by the commissioner or the market
manager pertaining to, without limitation, the purchase, receipt, sale
and delivery of seafood and the verification of ownership interests of
the wholesale business, its principals, employees and agents.
Section 22-211
§ 22-211 Registration required for seafood delivery business. a. It
shall be unlawful to conduct a seafood delivery business in the fulton
fish market distribution area without having first registered such
business with the commissioner and obtained a registration number from
the commissioner. A registration application shall be submitted by a
seafood delivery business upon a form prescribed by the commissioner
containing such information as the commissioner shall require by rule
and shall be signed by all the principals of such seafood delivery
business. The market manager may require that seafood deliverers affix a
sticker or decal containing such registration number to their delivery
vehicles. A seafood delivery registration number or sticker or decal
shall not be transferable.
b. (i) Notwithstanding any provision of this chapter, the commissioner
may, when there is reasonable cause to believe that any or all of the
principals, employees or agents of a seafood deliverer lack good
character, honesty and integrity, require that any or all of such
principals be fingerprinted and provide to the commissioner the
information set forth in subdivision a of section 22-216 of this
chapter, and may, after notice and the opportunity to be heard, refuse
to register such seafood deliverer for the reasons set forth in
subdivision b of such section.
(ii) If at any time subsequent to the registration of a seafood
deliverer, the commissioner has reasonable cause to believe that any or
all of the principals, employees or agents of a seafood deliverer lacks
good character, honesty and integrity, the commissioner may require that
any or all of such principals be fingerprinted and provide the
background information required by subdivision a of section 22-216 of
this chapter and may, after notice and the opportunity for a hearing,
revoke the registration of such seafood deliverer for the reasons set
forth in subdivision b of such section.
Section 22-212
§ 22-212 Conduct of seafood delivery business. The commissioner may
establish by rule such measures as he or she deems appropriate and
necessary to ensure the orderly conduct of seafood delivery businesses
in the fulton fish market distribution area. Such measures may include,
but not be limited to: (i) the designation of an area or areas in which
seafood delivery trucks may park while picking up seafood in the market
area; (ii) requirements that seafood delivery businesses demonstrate
compliance with applicable vehicle registration, insurance and
inspection requirements; (iii) requirements that seafood delivery
businesses comply with applicable federal, state and local laws, rules,
and regulations regarding the handling of seafood; (iv) appropriate
insurance and bonding requirements; and (v) provisions prescribing
maintenance and availability of records for inspection by the market
manager pertaining to, without limitation, the receipt and delivery of
seafood and the verification of ownership interests of a seafood
delivery business, its principals and employees and agents.
Section 22-212.1
§ 22-212.1 Registration of labor union and labor organization. A labor
union or labor organization representing or seeking to represent
employees directly involved in the movement, handling or sale of goods
sold in the market shall register with the commissioner and shall be
subject to the provisions of section 22-264 of this title.
Section 22-213
§ 22-213 Fees and terms of licenses and registrations. a. The
commissioner shall by rule establish fees for the issuance and renewal
of registrations and of licenses pursuant to this chapter in amounts
sufficient to compensate the city for the administrative expense of
issuing or renewing a registration or license and the expense of
inspections and other activities related thereto. A license issued
pursuant to this chapter shall be valid for two years. A business entity
that is licensed pursuant to this chapter shall provide the commissioner
in a form prescribed by the commissioner pursuant to rules promulgated
under this chapter with notice of at least ten business days of the
proposed addition of a new principal to such business entity. The
commissioner may waive or shorten such period upon a showing that there
exists a bona fide business requirement therefor. Except where the
commissioner determines within such period, based on information
available to him or her, that the addition of such new principal may
have a result inimical to the purposes of this chapter, the licensee may
add such new principal pending the completion of review under section
22-216 of this chapter. The licensee shall be afforded an opportunity to
demonstrate to the commissioner that the addition of such new principal
pending completion of review under section 22-216 of this chapter would
not have a result inimical to the purposes of this chapter. If upon the
completion of such review, the commissioner determines that such
principal lacks good character, honesty and integrity, the license shall
cease to be valid unless such principal divests his or her interest, or
discontinues his or her involvement in the business of such licensee, as
the case may be, within the time period prescribed by the commissioner.
b. The commissioner shall be authorized to extend the term of the
license for an additional one year period at his or her discretion and
shall establish an additional fee therefor.
c. A registration issued pursuant to this chapter shall be valid for
two years.
Section 22-214
§ 22-214 Liability for violations. a. A business entity required by
this chapter to be licensed by or registered with the commissioner
pursuant to this chapter shall be liable for violations of any of the
provisions of this chapter or any rules promulgated pursuant thereto
committed by any of its principals, employees or agents.
b. In any civil action or administrative proceeding against an
employee of a business entity for a violation of this chapter or any
rules promulgated pursuant thereto, it shall be an affirmative defense
that the employee was acting within the scope of his or her employment
when the action or actions constituting the alleged violation were
committed and that such action or actions were committed pursuant to an
instruction given to such employee by such business entity or by any
principal, officer or agent of such business entity, provided, however,
that this subdivision shall not be applicable to a violation of section
22-203, subdivision e of section 22-204, subdivision e of section
22-206, subdivision c of section 22-208, paragraphs ii and iii of
subdivision b of section 22-215 or subdivision b of section 22-219 of
this chapter and any rules promulgated pursuant thereto.
Section 22-215
§ 22-215 Penalties. a. Except as otherwise provided in subdivision b
of this section, any person who violates any provision of this chapter
or any of the rules promulgated pursuant thereto shall be liable for a
civil penalty which shall not exceed ten thousand dollars for each such
violation. Such civil penalty may be recovered in a civil action brought
in a court of competent jurisdiction or an administrative proceeding
before the environmental control board.
b. (i) Any person who violates subdivision a of section 22-204,
subdivision a of section 22-206, subdivision c of section 22-208 or
section 22-219 of this chapter shall be guilty of a misdemeanor and,
upon conviction thereof, be punished for each violation by a criminal
fine of not more than ten thousand dollars or by imprisonment not
exceeding six months, or both; and any such person shall also be subject
to a civil penalty of not more than five thousand dollars for each day
of such violation to be recovered in a civil action brought in a court
of competent jurisdiction or an administrative proceeding before the
environmental control board.
(ii) Any person who interferes or attempts to interfere with the
conduct of loading or unloading services authorized pursuant to this
chapter, shall be guilty of a misdemeanor and, upon conviction thereof,
be punished for each such violation by a criminal fine of not more than
ten thousand dollars or by imprisonment not exceeding six months, or
both and any such person shall also be subject to a civil penalty of not
more than five thousand dollars for each such violation to be recovered
in a civil action brought in a court of competent jurisdiction or an
administrative proceeding before the environmental control board for
each day that the violation continues.
(iii) Any person who intentionally or without permission of the owner
or other person having lawful possession of such property destroys or
damages property or equipment associated with loading or unloading
services authorized pursuant to this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, be punished for each such
violation by a criminal fine of not more than ten thousand dollars or by
imprisonment not exceeding six months, or both and any such person shall
also be subject to a civil penalty of not more than five thousand
dollars for each such violation to be recovered in a civil action
brought in a court of competent jurisdiction or an administrative
proceeding before the environmental control board.
(iv) The corporation counsel is authorized to commence a civil action
on behalf of the city for injunctive relief to restrain or enjoin any
violation of this chapter and for civil penalties.
Section 22-216
§ 22-216 Issuance and refusal to issue licenses, registrations and
class A and class B photo identification cards. a. The commissioner
shall require that an applicant submitting a proposal to conduct an
unloading business or a loading business, or seeking a temporary license
to conduct such a business, and an applicant for a class A photo
identification card shall: (i) be fingerprinted by a person designated
for such purpose by the commissioner or the department of investigation
and pay a fee to be submitted to the division of criminal justice
services and/or the federal bureau of investigation for the purposes of
obtaining criminal history records; and (ii) provide to the
commissioner, upon a form prescribed by the commissioner and subject to
such minimum dollar thresholds and other reporting limitations as the
commissioner may establish by rule those of the following items that the
commissioner may determine are necessary and appropriate to determine
the good character, honesty and integrity of applicants for the type of
license, registration or photo identification card for which application
is being made: (a) a listing of the names, and home and business
addresses and telephone numbers of any person having a beneficial
interest in the applicant, and the amount and nature of such interest;
(b) a listing of the names, and home and business addresses of all
principals of the applicant; (c) a listing of the amounts in which the
applicant is indebted, including mortgages on real property, and the
names, and home and business addresses of all persons to whom each such
debt is owed; (d) a listing of the applicant's real property holdings,
mortgages or other interests in real property other than a primary
residence and the names, and home and business addresses of all
co-owners of such interest; (e) a listing of all loans and instruments
of indebtedness held by the applicant, other than the mortgage or other
interest in real property specified in clause (d) of this paragraph, the
amount of such debt, and, for each such debt, the names, and home and
business addresses of such debtors; (f) the name and address of any
business in which the applicant holds an equity or debt interest,
excluding any interest in publicly traded stocks or bonds; (g) the
names, and home and business addresses of all persons or entities from
whom the applicant has received gifts valued at more than one thousand
dollars in any of the past three years, and the names, and home and
business addresses of all persons or entities excluding any organization
recognized by the the Internal Revenue Service under section 501(c)(3)
of the Internal Revenue Code to whom such applicant has given gifts of
such value in any of the past three years; (h) a listing of all criminal
convictions, in any jurisdiction, of the applicant; (i) a listing of all
pending civil or criminal actions to which such applicant is a party and
has been served; (j) a listing of any determination by a federal, state
or city regulatory agency of a violation by such applicant of conditions
of his or her license or of laws, rules or regulations relating to the
conduct of the applicant's business; (k) a listing of any criminal or
civil investigation by a federal, state, or local prosecutorial agency,
investigative agency or regulatory agency of which the applicant has or
should have knowledge, in the five year period preceding submission of
the application, wherein such applicant has: (A) been the subject of
such investigation, or (B) received a subpoena requiring the production
of documents or information in connection with such investigation; (l) a
certification that the applicant has paid all federal, state, and local
income and business taxes related to the applicant's business for which
the applicant is responsible for the three tax years preceding the date
of the application or documentation that the applicant is contesting
such taxes in a pending judicial or administrative proceeding or
otherwise pursuant to applicable procedures of the taxing authority; and
(m) such additional information concerning good character, honesty and
integrity that the commissioner may deem appropriate and reasonable. The
commissioner may require that applicants pay such fees to cover the
expenses of the background investigations provided for in this
subdivision as are set forth in the rules promulgated pursuant to
section 22-223 of this chapter.
b. The commissioner may, after notice and the opportunity to be heard,
refuse to consider a licensing proposal from, or refuse to issue a
license to, an unloading or loading business or a class A photo
identification card to a person required by subdivision a of section
22-203 of this chapter to possess such identification card when any of
the principals of such business or such person lacks good character,
honesty and integrity or may defer the decision whether to issue such
license or photo identification card or to consider such proposal when
there is a pending indictment or civil or criminal action or
administrative proceeding as provided in paragraph (ii) of this
subdivision. Such notice shall specify the reasons for such refusal or
deferral. In making such determination, the commissioner may consider,
but not be limited to: (i) failure by the applicant to provide truthful
information in connection with the application; (ii) a pending
indictment or criminal action against such applicant for a crime which
under this subdivision would provide a basis for the refusal of such
license or photo identification card, or a pending civil action or
administrative proceeding to which such applicant is a party and which
relates to the fitness to conduct the business or perform the work for
which the license or photo identification card is sought, in which cases
the commissioner may defer consideration of a proposal or application
until a decision has been reached by the court or administrative
tribunal before which such action or proceeding is pending, unless such
applicant demonstrates to the commissioner that such pending action or
proceeding should not be the basis for deferral of the license or photo
identification card or consideration of the proposal; (iii) conviction
of such applicant for a crime which, under article twenty-three-A of the
correction law, would provide a basis for the denial of a license to
conduct a business in the market area; (iv) commission of a racketeering
activity or association with a person who has been convicted for a
racketeering activity when the applicant knew or should have known of
such conviction, including but not limited to the offenses listed in
subdivision one of section nineteen hundred sixty-one of the Racketeer
Influenced and Corrupt Organizations Act (18 U.S.C. §1961 et seq) or of
an offense listed in subdivision one of section 460.10 of the penal law,
as such statutes may be amended from time to time, or the equivalent
offense under the laws of any other jurisdiction; (v) association with
any member or associate of an organized crime group as identified by a
federal, state or city law enforcement or investigative agency when the
applicant knew or should have known of the organized crime associations
of such person; or (vi) failure to pay any tax, fine, penalty, fee
related to the applicant's business for which liability has been
admitted by the person liable therefor, or for which judgment has been
entered by a court or administrative tribunal of competent jurisdiction
and enforcement of such judgment has not been stayed.
c. The factors set forth in subdivision b of this section shall also
be grounds for the commissioner, pursuant to sections 22-209 or 22-211
of this chapter, to refuse to register, or to suspend or revoke the
registration of, a wholesaler or a seafood deliverer; and to refuse to
issue a photo identification card to, or to suspend or revoke the photo
identification card of, a principal, employee or agent of a wholesaler
or seafood deliverer.
d. The commissioner may require that an applicant submitting a
licensing proposal for any license required pursuant to this chapter or
an application for registration as a wholesaler or seafood deliverer
shall submit such information regarding the applicant's business as the
commissioner shall require in order to demonstrate the financial
responsibility to conduct the business for which such license or
registration is required, and may refuse to issue a license or
registration to any applicant who has not, in the commissioner's
determination, demonstrated such financial responsibility.
e. The commissioner may refuse to issue a license to, or consider a
proposal from, the business of an applicant or issue a class A photo
identification card to a person required by subdivision a of section
22-203 of this chapter to possess such identification card when such
applicant or such person has knowingly failed to provide the information
and/or documentation required by the request for licensing proposals or
application or who has otherwise failed to demonstrate eligibility for
such license or photo identification card under this chapter or any
rules promulgated pursuant thereto.
f. The commissioner may refuse to issue a license to, or consider a
proposal from, the business entity of an applicant, or issue a class A
photo identification card to a person required by subdivision a of
section 22-203 of this chapter to possess such identification card when
(i) the business entity of such applicant or such applicant was
previously issued a license or class A photo identification card under
this chapter and such license or card was revoked pursuant to the
provisions of this chapter or any rules promulgated pursuant thereto; or
(ii) such applicant has been determined to have committed any of the
acts which would be a basis for the suspension or revocation of a
license pursuant to this chapter or any rules promulgated pursuant
thereto.
Section 22-217
§ 22-217 Revocation or suspension of license, registration or photo
identification card. a. In addition to the penalties provided in section
22-215 of this chapter, the commissioner may, after due notice and
opportunity for a hearing, take action pursuant to subdivisions b and c
of this section.
b. The commissioner may revoke or suspend a license or class A photo
identification card issued pursuant to the provisions of this chapter
when the licensee and/or a principal, employee or agent of a licensee or
a person to whom such photo identification card has been issued: (i) has
been found to be in violation of this chapter or any rules promulgated
pursuant thereto; (ii) has repeatedly failed to obey lawful orders of
the market manager or his or her staff; (iii) has failed to pay any
fines or civil penalties imposed pursuant to this chapter or the rules
promulgated pursuant thereto; (iv) has been found in violation of any
laws prohibiting deceptive, unfair, or unconscionable trade practices,
or has been found in persistent or substantial violation of any city,
state, or federal law, rule or regulation regarding the handling of
seafood; (v) whenever, in relation to an investigation conducted
pursuant to this chapter, the commissioner determines, after
consideration of the factors set forth in subdivision b of section
22-216 of this chapter, that the licensee, any principal of the licensee
or a person required to possess a class A photo identification card
lacks good character, honesty and integrity; (vi) whenever there has
been any false statement or misrepresentation as to a material fact in
the application or accompanying papers upon which the issuance or
renewal of the license or photo identification card was based; or (vii)
whenever the licensee has failed to notify the market manager of any
material change, as required by rules promulgated by the commissioner
pursuant to section 22-223 of this chapter, in the information required
to be provided on the application for such license, or of the arrest or
criminal conviction of the licensee or any of the principals of the
licensee, or of the arrest or criminal conviction of any employees or
agents of the licensee of which the licensee had knowledge or should
have known.
c. The commissioner may revoke or suspend a registration or a class B
photo identification card issued pursuant to this chapter when the
person to whom such registration or card was issued: (i) has been found
to be in persistent or substantial violation of this chapter or any
rules promulgated pursuant thereto; (ii) has repeatedly failed to obey
lawful orders of the market manager or his or her staff; (iii) whenever
there has been any false statement or misrepresentation as to a material
fact in the papers upon which registration or issuance of the photo
identification card was based; (iv) has failed to pay any fines or civil
penalties imposed pursuant to this chapter or the rules promulgated
pursuant thereto; (v) has been found in violation of any laws
prohibiting deceptive, unfair, or unconscionable trade practices, or has
been found in persistent or substantial violation of any city, state, or
federal law, rule or regulation regarding the handling of seafood; (vi)
has been found in violation of any city, state or federal law, rule or
regulation when such violation is inimical to the purpose and intent of
this chapter; or (vii) has failed to notify the commissioner of any
material change, in the information submitted in the application for
registration, or of the arrest or criminal conviction of the registrant
or any of the principals of the registrant, or of the arrest or criminal
conviction of any employees or agents of the registrant of which the
registrant had knowledge or should have known.
d. An order of suspension pursuant to this section shall specify the
period during which such suspension shall remain in effect; such period
shall be reasonable in relationship to the violation or violations
underlying the suspensions.
e. For purposes of this section: (i) "persistent" shall mean three or
more violations within a six month period; and (ii) "substantial
violation" shall mean a violation which has a bearing on the continued
fitness of a licensee, registrant or holder of a photo identification
card to operate a business or work in the market area.
Section 22-218
§ 22-218 Emergency suspension of license or registration and photo
identification card. Notwithstanding any other provision of this chapter
or rules promulgated pursuant thereto, the commissioner may, if he or
she determines that the conduct of an unloading business, a loading
business, a wholesale seafood business or a seafood delivery business,
or the presence of any person in the market area creates an imminent
danger to life or property, immediately suspend a license, registration
or a photo identification card without a prior hearing, provided that
provision shall be made for an immediate appeal of such suspension to a
deputy commissioner of the department who shall determine such appeal
forthwith. In the event that the deputy commissioner upholds the
suspension, an opportunity for a hearing shall be provided on an
expedited basis, within a period not to exceed four business days and
the commissioner shall issue a final determination no later than four
business days following the conclusion of such hearing; and provided
further that the commissioner may, upon application by a business entity
whose license or registration has been suspended, permit such business
entity to remain in the market area for such time as is necessary to
allow for the expeditious sale, consignment or removal of a perishable
product if, in the commissioner's best judgment, such permission is
consistent with the safety of the market area.
Section 22-219
§ 22-219 Surrender of license and photo identification card and
cessation of use of registration number. a. Suspension or revocation of
a license or the discontinuance of business operations in the market
area by a licensee shall require the immediate surrender to the market
manager of the license and all photo identification cards issued for
principals, employees and/or agents of the licensee.
b. Suspension or revocation of a registration or the discontinuance of
business operations in the market area by a registrant shall require the
immediate cessation of use of a registration number and the immediate
surrender of all decals, stickers and photo identification cards issued
to such registrant and the principals, employees and/or agents of the
registrant.
c. A person who discontinues his or her employment in the market area
shall immediately surrender his or her photo identification card to the
market manager.
d. Violation of the provisions of subdivisions b or c of this section
where such license or registration is under suspension may result in
revocation of the license or registration or criminal or civil penalties
as provided in subdivision b of section 22-215 of this chapter, or both.
Section 22-220
§ 22-220 Seizure; forfeiture. a. Any police officer or authorized
officer or employee of the department may, upon service of a notice of
violation or criminal summons upon the owner or operator of a vehicle or
other property or equipment seize such vehicle or such other property or
equipment which such police officer or authorized officer or employee
has reasonable cause to believe is being used in connection with an act
constituting a violation of subdivision a of section 22-204, subdivision
a of section 22-206 or subdivision c of section 22-208 of this chapter.
Any vehicle, property or equipment seized pursuant to this subdivision
shall be delivered into the custody of the department or other
appropriate agency. Where a notice of violation has been served, a
hearing to adjudicate the violation underlying the seizure shall be held
before the environmental control board within five business days after
the seizure and such board shall render a decision within five business
days after the conclusion of the hearing. Where a criminal summons has
been served, a hearing to adjudicate the violation underlying the
seizure shall be held before a court of competent jurisdiction. In the
event that such court or the environmental control board determines that
there has been no violation, the vehicle, property or equipment that was
seized shall be released forthwith to the owner or any person authorized
by the owner to take possession of such vehicle, property or equipment.
b. Except as otherwise provided in subdivision a of this section or
where notice has been given that forfeiture will be sought pursuant to
paragraph (ii) of subdivision e of this section, a vehicle or other
property or equipment seized pursuant to subdivision a of this section
shall be released upon payment of a fine or civil penalty imposed for
the violation underlying the seizure and the costs of removal and
storage as set forth in the rules of the department. Where an action or
a proceeding relating to the violation underlying the seizure is pending
in a court of competent jurisdiction or an administrative proceeding
before the environmental control board, the vehicle or other property or
equipment shall be released upon posting of a bond or other form of
security sufficient to cover the maximum fine or civil penalty which may
be imposed for such violation and the costs of removal and storage.
c. Where a court of competent jurisdiction or the environmental
control board makes a finding that the vehicle or other property or
equipment has not been used in connection with an act constituting a
violation of subdivision a of section 22-204, subdivision a of section
22-206 or subdivision c of section 22-208 of this chapter, the vehicle
or other property or equipment shall be released forthwith to the owner
or any person authorized by the owner to take possession of such
vehicle, property or equipment.
d. Any vehicle or other property or equipment that has not been
claimed by the owner within ten business days after mailing by first
class mail to such owner of notice of a determination by a court of
competent jurisdiction or by the environmental control board that there
has been no violation or that the vehicle or other property or equipment
was not used in connection with a violation of subdivision a of section
22-204, subdivision a of section 22-206 or subdivision c of section
22-208 of this chapter shall be deemed by the department to be
abandoned. Any vehicle unclaimed under the provisions of this
subdivision shall be disposed of by the department pursuant to section
twelve hundred twenty-four of the vehicle and traffic law. Property or
equipment other than a vehicle shall be disposed of by sale at public
auction following notice by publication in the city record describing
such property or equipment not less than ten business days prior to such
sale. Such notice shall provide that the owner may reclaim such property
or equipment until a date that shall be not sooner than ten business
days from the date the notice is published.
e. (i) In addition to any other fines, penalties, sanctions or
remedies provided for in this chapter, a vehicle or other property or
equipment which has been seized pursuant to subdivision a of this
section and all rights, title and interest therein shall be subject to
forfeiture upon notice and judicial determination thereof if the owner
of such vehicle or other property or equipment has been found liable by
a court of competent jurisdiction or the environmental control board on
one or more prior occasions for using such vehicle or such other
property or equipment in connection with an act constituting a violation
of subdivision a of section 22-204, subdivision a of section 22-206 or
subdivision c of section 22-208 of this chapter.
(ii) A forfeiture proceeding may not be commenced more than ten
business days after the receipt of a request by the owner for return of
the vehicle, other property or equipment. If a forfeiture proceeding is
not commenced within such ten day period, the property shall be returned
to the owner upon payment of the fine or civil penalty imposed and the
costs of removal and storage. A vehicle or other property or equipment
which is the subject of such action shall remain in the custody of the
department or other appropriate agency pending the final determination
of the forfeiture action.
(iii) Notice of the institution of the forfeiture action shall be
served by first class mail on: (a) an owner of a vehicle at the address
set forth in the records maintained by the department of motor vehicles,
or for vehicles not registered in New York state, in the records
maintained by the state of registration; (b) all persons holding a
security interest in such vehicle which security interest has been filed
with the department of motor vehicles pursuant to the provisions of
title ten of the vehicle and traffic law, at the address set forth in
the records of such department, or for vehicles not registered in New
York state, all persons who hold a security interest in such vehicle
which security interest has been filed with such state of registration
and which persons are made known by such state to the department at the
address provided by such state of registration; and (c) for property and
equipment other than a vehicle, by publication in the city record
describing such property or equipment and by notice served by first
class mail to the address of the person from whom such property or
equipment was seized. Where such person is other than the owner of such
property or equipment, notice shall be served by first class mail both
to such person and to the owner of such property or equipment where such
owner is known, or can by reasonable effort, be ascertained or, where
such owner is not known or cannot by reasonable effort be ascertained,
to the employer of the person from whom the property or other equipment
was seized. Notice shall also be served by first class mail to any
person who holds a security interest in such property or equipment when
the name and address of such person has been provided by the owner of
the property or equipment or other person from whom the property or
equipment was seized, or is otherwise known or can, by reasonable
effort, be ascertained.
(iv) Any owner who receives notice of the institution of a forfeiture
action who wishes to claim an interest in the vehicle or other property
or equipment subject to forfeiture may assert a claim in such action for
the recovery of the vehicle or other property or equipment or
satisfaction of the owner's interest in such vehicle or other property
or equipment. Any person with a security interest in such vehicle or
property or equipment who receives notice of the institution of the
forfeiture action who claims an interest in such vehicle or other
property or equipment may assert a claim in such action for satisfaction
of such person's security interest.
(v) Forfeiture pursuant to this subdivision shall be made subject to
the interest of a person who claims an interest in the vehicle or other
property or equipment pursuant to paragraph (iv) of this subdivision,
where such person establishes that: (a) the use of such vehicle,
property or equipment in connection with an act constituting a violation
of subdivision a of section 22-204, subdivision a of section 22-206 or
subdivision c of section 22-208 of this chapter that was the basis for
seizure occurred without the knowledge of such person, or if such person
had knowledge of such use, that such person did not consent to such use
by failing to do all that could reasonably have been done to prevent
such use, and that such person did not knowingly obtain such interest in
the vehicle, property or equipment in order to avoid the forfeiture; or
(b) that the conduct that was the basis for such seizure was committed
by any person other than such person claiming an interest in the
vehicle, property or equipment while such vehicle was unlawfully in the
possession of a person who acquired possession thereof in violation of
the criminal laws of the United States or any state.
(vi) The department, after judicial determination of forfeiture,
shall, at its discretion, either: (a) retain such vehicle, property or
equipment for the official use of the city; or (b) by public notice of
at least five days, sell such forfeited vehicle, property or equipment
at public sale. The net proceeds of any such sale shall be paid into the
general fund of the city.
(vii) In any forfeiture action commenced pursuant to this subdivision,
where the court awards a sum of money to one or more persons in
satisfaction of such person's or persons' interest in the forfeited
vehicle, property or equipment, the total amount awarded to satisfy such
interest or interests shall not exceed the amount of the net proceeds of
the sale of the forfeited vehicle, property or equipment after deduction
of the lawful expenses incurred by the city, including the reasonable
costs of removal and storage between the time of seizure and the date of
sale.
(viii) For purposes of this section, the term "owner" of a vehicle
shall mean an owner as defined in section one hundred twenty-eight and
in subdivision three of section three hundred eight of the vehicle and
traffic law. The term "owner" of other property or equipment subject to
seizure or forfeiture pursuant to this section shall mean a person who
demonstrates ownership of such property or equipment to the satisfaction
of the commissioner.
(ix) For purposes of this section, the term "security interest" in a
vehicle shall mean a security interest as defined in subdivision k of
section two thousand one hundred one of the vehicle and traffic law.
"Security interest" in other property or equipment shall mean an
interest reserved or created by agreement and which secures payment or
performance of an obligation. The term includes the interest of a lessor
under a lease intended as security.
Section 22-221
§ 22-221 Business address. Each business licensed or registered with
the commissioner pursuant to this chapter shall maintain a business
address in New York city where notices may be delivered and legal
process served and shall provide the commissioner with such address and
shall also designate an individual of suitable age and discretion at
such address as an agent for service of legal process.
Section 22-222
§ 22-222 Other wholesaler registration and seafood distribution areas.
a. It shall be unlawful for any business entity to conduct a wholesale
seafood business outside the fulton fish market distribution area
without having first registered and obtained a registration number from
the commissioner. A registration application shall be upon a form and
contain such information as the commissioner shall specify by rule and
shall be signed by all the principals of such wholesaler. A registration
number shall not be transferable. The market manager shall maintain a
list of all wholesalers who are registered pursuant to this section
together with the registration numbers of such wholesalers and shall
make such list available to suppliers, shippers and truckers and shall,
upon request, verify to suppliers, shippers and truckers whether a
wholesaler is currently registered with the commissioner.
b. (i) Upon a finding by the commissioner that there is reasonable
cause to believe that there exists or that there is the potential for
corrupt, deceptive or unconscionable business practices in an area or
areas within the city outside the fulton fish market distribution area
where one or more wholesale seafood businesses has been established and
that such business practices will have an effect inimical to the
purposes of this chapter, the commissioner shall declare such area to be
a seafood distribution area, and all unloading businesses, loading
businesses, wholesale seafood businesses and seafood delivery businesses
which operate within such area, and the employees and/or agents of such
businesses, shall be subject to all the provisions of this chapter;
provided that when such provisions are applied to a seafood distribution
area, the terms "fulton fish market distribution area" and "market area"
as contained therein shall be deemed to include such seafood
distribution area. (ii) The commissioner shall by rule establish the
boundaries of such seafood distribution area, based on determination of
the area in which activities related to the distribution of seafood take
place, and may promulgate rules for the orderly and lawful conduct of
business in such area in accordance with the provisions of sections
22-205, 22-207, 22-210 and 22-212 of this chapter. (iii) No enforcement
action shall be taken on or after the date on which the boundaries of a
seafood distribution area have been established pursuant to paragraph
(ii) of this subdivision against (1) any business entity or person
required to be licensed and/or to possess a class A photo identification
card pursuant to this section unless and until one of the following has
occurred: (aa) such business entity or person has failed to apply for
such license or class A photo identification card by the date specified
by the commissioner; (bb) any of the principals of such business entity
or such person has failed to submit to fingerprinting or to submit the
background information required pursuant to section 22-216 of this
chapter; or (cc) such license or photo identification card has been
denied by the commissioner; (2) against any wholesaler registered
pursuant to subdivision a of this section whose principals have been
required by the commissioner to submit to the fingerprinting and
disclosure requirements of section 22-216 of this chapter unless and
until one of the following has occurred (aa) the principals of such
wholesaler have failed to submit to fingerprinting or to submit the
required background information; or (bb) the commissioner has revoked
the registration of such wholesaler; (3) against any person required to
possess a class B photo identification card unless such person has
failed to apply for such class B photo identification card by the date
specified by the commissioner; or (4) against any person required to
possess a class B photo identification card who has been required by the
commissioner to submit to the fingerprinting and disclosure requirements
of section 22-216 of this chapter unless and until one of the following
has occurred: (aa) such person has failed to submit to fingerprinting or
to submit the required background information by the date specified by
the commissioner; or (bb) the commissioner has denied the application
for such class B photo identification card.
c. Notwithstanding the provisions of subdivision b of this section,
the commissioner may determine that licenses to conduct unloading
businesses in a seafood distribution area may be appropriately issued
without application of the provisions set forth in subdivisions b
through f of section 22-204 of this chapter, and that licenses to
conduct loading businesses in a seafood distribution area may be
appropriately issued without application of the provisions set forth in
subdivisions b through h of section 22-206 of this chapter. Where the
commissioner has made such a determination, all other provisions of this
chapter including, but not limited to, the requirements for licenses,
the issuance of licenses and suspensions and revocations of licenses
shall apply. For the purposes of this subdivision: (i) the term
"applicant submitting a proposal" as such term appears in section 22-216
of this chapter shall, in the event of such determination, be deemed to
mean an applicant for an unloading license or a loading license in a
seafood distribution area; and (ii) "loader" or "loading business" shall
mean a business entity that has designated areas in which loading
services take place or that operates primarily to provide loading
services for purchasers of fish in a seafood distribution area. Such
term shall not include a business entity that only incidentally or
occasionally provides such services to such purchasers.
Section 22-223
§ 22-223 Rules. The commissioner may promulgate such rules as he or
she may deem necessary to effectuate the provisions of this chapter.
Section 22-224
§ 22-224 Investigations by the department of investigation. The
commissioner of the department of investigation may conduct a study or
investigation of any matter arising under the provisions of this
chapter, including but not limited to the investigation of the
information required to be submitted by applicants for licenses pursuant
to subdivision a of section 22-216 of this chapter or when such
information is required by the commissioner to be provided pursuant to
subdivision b of section 22-209 or subdivision b of section 22-211 of
this chapter.
Section 22-225
§ 22-225 Meetings. On a regular basis, but not less often than every
three months, and at such other times as may be needed, the market
manager shall conduct a meeting which shall be open to all persons
licensed, registered or issued photo identification cards pursuant to
the provisions of this chapter and their representatives. Such meetings
shall be for the purpose of presentations and discussions with respect
to activities and operations within the market area and/or other seafood
distribution areas. All such meetings shall be held within the market
area or other seafood distribution area or at a suitable location
proximate to such area and at convenient times upon reasonable advance
notice.
Section 22-226
§ 22-226 Reporting requirements. a. No later than one week following
the submission of the mayor's management report, the commissioner shall
submit to the council a report detailing the department's activities
pursuant to this chapter. Except as provided in any paragraph of this
section, this report shall provide information for the period covered by
the mayor's management report. The report required by this section shall
at a minimum include:
i. the number of criminal acts and violations of this subchapter
reported to have occurred within the fulton fish market distribution
area and each other seafood distribution area. Such acts and violations
shall include, without limitation (aa) acts of physical violence and
threats of such violence, (bb) acts of damage to property and threats of
such acts and (cc) thefts or threats of such thefts;
ii. the number of referrals to a state or federal prosecutor made by
the commissioner and/or market manager with respect to the items
contained in paragraph one of this section, the number of such referrals
for which a prosecution was brought and the results of any such
prosecutions;
iii. a current listing of the names and business addresses of
unloading and loading business licensees and wholesale seafood and
seafood delivery business registrants;
iv. the number of applications for each such license or registration
that were denied with a statement of the reasons for denials and the
number of pending applications for each;
v. the number of class A and class B photo identification cards which
have been issued, respectively, the number of applications for each such
card which have been denied with a statement of the reasons for denials
and the number of pending applications for each such card;
vi. the number of unloading and loading business licenses, wholesale
and seafood delivery business registrations and class A and class B
photo identification cards that have been suspended or revoked under
sections 22-217 or 22-218 of this chapter, respectively, a statement of
the reasons for such actions and the average duration of such
suspensions;
vii. the number of principals of wholesalers and seafood delivery
businesses and holders of class B photo identification cards,
respectively, to whom the provisions of section 22-216 of this chapter
have been applied and the result under section 22-217 of this chapter;
viii. the number of vehicles, property and equipment, respectively,
which have been seized under this chapter and the number forfeited, with
a statement of the reasons for such seizures and forfeitures;
ix. the amounts, by category, of all revenues relating to
implementation of this chapter to which the city is entitled, the
amounts actually collected and the reasons for any difference; and
x. the amounts, by category, of all expenditures relating to
enforcement of the provisions of this chapter.
b. Unless otherwise provided, all items required to be reported
pursuant to paragraphs i through x of subdivision a of this section
shall be reported separately for the fulton fish market distribution
area and for each other seafood distribution area.
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.
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