Section 22-251
§ 22-251 Definitions. For the purposes of this chapter, the following
terms shall have the following meanings: a. "Applicant" shall mean, if a
business entity submitting an application for registration, the entity
and all the principals thereof; if an individual submitting an
application for a photo identification card, such individual.
b. "Commissioner" shall mean the commissioner of the New York city
department of small business services.
c. "Department" shall mean the New York city department of small
business services.
d. "Employee" shall mean a person who works or who expects to work in
a market on a full-time, part-time or seasonal basis for a wholesaler or
market business, but shall not include persons hired to work on an
occasional basis.
e. "Market business" shall mean any business located or operating
within a market that is engaged in providing goods or services to
wholesalers or retail purchasers in such market that are related to the
conduct of a wholesale business or the purchase of food or related
agricultural products or horticultural products by retailers or others,
or that receives such goods within a market for delivery, forwarding,
transfer or further distribution outside such market. "Market business"
shall include, but not be limited to, the provision of security services
within a market, the provision of services related to the collection of
fees for entrance into a market and parking, the supply of ice, and the
unloading, loading, transfer or distribution of food or related
agricultural products or horticultural products. The term "market
business" shall not include a business located or operating within a
market the main offices of which are located outside a market and which
(i) supplies the food or related agricultural products or products sold
by wholesalers or is engaged in the trucking or shipping thereof to the
market or (ii) supplies electrical, plumbing, construction, renovation
or other similar services to wholesalers in the market and does not earn
fifty percent or more of its income from such wholesalers.
Notwithstanding any other provision of this chapter to the contrary, the
term "market business" shall also mean any business located and
operating within the fulton fish market distribution area or other
seafood distribution area as defined in section 22-202 of chapter 1-A of
this title that is directly engaged in providing goods or services to
wholesalers in such area or areas, which goods or services are related
to the conduct of a wholesale business or the purchase of seafood
products by retailers or others therein or that receives goods for
delivery, forwarding, transfer or further distribution outside the
fulton fish market distribution area or other seafood distribution area.
The term "market" shall, for purposes of the application of the
provisions of this chapter which relate to "market businesses" in the
fulton fish market distribution area or other seafood distribution area,
mean such areas.
f. "Officer" shall mean any person holding an elected position or any
other position involving participation in the management or control of a
wholesale trade association or of a labor union or labor organization
required to register pursuant to section 22-264 or section 22-265 of
this chapter.
g. "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. Except as otherwise provided by the
commissioner, 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 individual
participates in the operation of or has a beneficial interest in such
corporation and such stock is owned directly or indirectly by or for (i)
such individual; (ii) the spouse 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; and (iv) a corporation in which any of such
individual, the spouse, 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.
h. "Public wholesale market" or "market" shall mean any building,
structure or place owned by the city or located on property owned by the
city or under lease to or in the possession of the city or any part of a
street, avenue, parkway, plaza, square or other public place designated
as a public market by resolution of the former board of estimate of the
city or a local law enacted by the city council to be used or intended
to be used for the wholesale buying, selling or keeping of food, flowers
or ornamental plants and shall continue to be public property
notwithstanding that such public wholesale market is operated pursuant
to a lease or other agreement with a non-governmental entity; except
that the term "public wholesale market" shall not, unless otherwise set
forth in this chapter, include any building, structure or place within
the fulton fish market distribution area or other seafood distribution
area as defined in section 22-202 of this code. For the purposes of this
chapter, the term "public wholesale market" shall also include an area
identified by rule of the commissioner that is in the vicinity of a
designated public wholesale market where one or more wholesale
businesses or market businesses operate. For the purposes of this
chapter, the "place of business of a wholesale business or market
business" shall mean any building, structure, stall or other area, or
any part thereof, within a public wholesale market that is leased,
operated, managed or used exclusively by such wholesale business or
market business.
i. "Visitor" shall mean a person who is neither engaged in nor an
employee of a wholesale business or market business in the market who
wishes to enter or enters a public wholesale market.
j. "Wholesaler" or "wholesale business" shall mean any business
engaged in selling food or related agricultural products or
horticultural products at wholesale prices for resale by a wholesaler or
retailer or for use by an institution or other similar establishment,
whether or not such business also sells directly to the public, except
that such terms as used in this chapter shall not include a "wholesaler"
or "wholesale seafood business" as defined in section 22-202 of this
code; provided, however, that a wholesale business to which customers do
not regularly come to pick up purchases and that does not deal from such
location primarily in perishable products shall not be subject, unless
otherwise provided by rule of the commissioner, to the provisions of
sections 22-252, 22-254 and 22-255 of this chapter.
k. "Wholesale trade association" shall mean an entity, the majority of
whose members are wholesale businesses and/or market businesses, having
as a primary purpose the promotion, management or self-regulation of a
market or such wholesale businesses or market businesses within such
market or the facilities utilized by such businesses, including, but not
limited to a corporation, cooperative, unincorporated association,
partnership, trust or limited liability partnership or company, whether
or not such entity is organized for profit, not-for-profit, business or
non-business purposes. The term "wholesale trade association" shall not
include any entity the majority of whose members are primarily engaged
in retail sales outside a public wholesale market.
Section 22-252
§ 22-252 Photo identification card required. a. It shall be unlawful
for any person to be an employee or a principal working in a wholesale
business or market business in a market unless such person has obtained
a photo identification card issued by the commissioner pursuant to the
provisions of this chapter or for a person to work on an occasional
basis in a market unless such person has obtained a day pass issued by
the commissioner. The commissioner shall set forth by rule the number of
occasions within a specified time period that shall constitute
occasional work to meet unanticipated needs of businesses in the market
and shall make reasonable provision to delegate authority for the
issuance of day passes on a twenty-four hour basis to persons hired to
work by wholesalers and market businesses on an occasional basis. A
photo identification card shall be in the possession of an employee or
principal at all times when such person is in the market and shall be
produced upon demand by an authorized employee or agent of the
department, the department of investigation or the police department.
The commissioner shall make provision for temporary photo identification
cards to be issued pending the processing of applications for permanent
photo identification cards and for the expedited issuance of photo
identification cards to family members of principals of a wholesaler or
market business and others who work on a seasonal basis. A temporary
identification card shall cease to be valid, and shall be returned to
the department, upon the refusal to issue a photo identification card
pursuant to subdivision d of this section or denial of registration to
the business in which the person applying for such identification card
is a principal or is employed.
b. A photo identification card shall identify the business of which
the individual is a principal or by which he or she is employed and
shall be non-transferrable. Upon a change in employment within a market,
an individual shall inform the department and the department shall issue
a photo identification card reflecting such changed employment.
c. An application for a photo identification card shall be submitted
on a form prescribed by the commissioner and shall contain such
information as the commissioner shall determine is necessary to
establish the identity and background of the applicant. A person
required by this chapter to possess a photo identification card shall
inform the commissioner of any subsequent material change in the
information provided on such application, including but not limited to
arrests and/or criminal convictions.
d. Notwithstanding any other provision of this section, where the
commissioner has reasonable cause to believe that an applicant for a
photo identification card lacks good character, honesty and integrity,
the commissioner may require that such applicant be fingerprinted and
provide to the commissioner the information set forth in subdivision a
of section 22-259 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.
e. If at any time subsequent to the issuance of a photo identification
card, the commissioner has 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 22-259
of this chapter and may, after notice and opportunity to be heard,
revoke such photo identification card for the reasons set forth in
subdivision b of such section.
Section 22-253
§ 22-253 Registration required for wholesalers and market businesses.
a. No person shall conduct a wholesale business or a market business in
a public wholesale market unless such person has registered such
business with the commissioner and has obtained a registration number
for such business from the commissioner. Application for such
registration shall be made upon a form prescribed by the commissioner
containing such information as the commissioner shall determine
appropriately identifies and demonstrates the fitness of the wholesale
business or market business. A registration number shall not be
transferable. A person conducting a wholesale business or a market
business shall not sublease or assign to another person any portion of
any premises in the market occupied or utilized by such business unless
such proposed sublessee or assignee has registered with and obtained a
registration number from the commissioner. The commissioner shall
establish by rule a procedure for the preliminary review of registration
applications for businesses not previously operating in a market that
are considering the purchase of a wholesale business or a market
business, and for the expedited completion of registration review upon
entry into a purchase and sale agreement. A business required to
register pursuant to this section shall inform the commissioner of any
change in the ownership composition of the business, the arrest or
criminal conviction of any principal of the business, or any other
material change in the information submitted on the application for
registration within thirty calendar days thereof.
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 of an applicant for registration lack(s) good character,
honesty and integrity, require that such principal(s) be fingerprinted
and provide to the commissioner the information set forth in subdivision
a of section 22-259 of this chapter, and may, after notice and the
opportunity to be heard, refuse to register such applicant for the
reasons set forth in subdivision b of such section.
(ii) If at any time subsequent to the registration of a wholesale
business or market business, the commissioner has reasonable cause to
believe that any or all of the principals of such wholesale business or
market business do not possess good character, honesty and integrity,
the commissioner may require that such principal(s) be fingerprinted and
provide the background information required by subdivision a of section
22-259 of this chapter and may, after notice and the opportunity to be
heard, revoke the registration of such wholesale business or market
business for the reasons set forth in subdivision b of such section.
(iii) At any time subsequent to the conduct of an investigation of an
applicant for registration or a registrant pursuant to paragraph (i) or
paragraph (ii) of this subdivision that has produced adverse
information, the commissioner may require as a condition of issuance or
the continuance of a registration that the wholesale business or market
business enter into a contract with an independent auditor approved or
selected by the commissioner. Such contract, the cost of which shall be
paid by the registrant, shall provide that the auditor investigate the
activities of the wholesale business or market business with respect to
compliance with the provisions of this chapter, other applicable
federal, state and local laws and such other matters as the commissioner
shall determine. The contract shall provide further that the auditor
report the findings of such monitoring and investigation in a manner to
be prescribed by the commissioner to the commissioner on a periodic
basis.
(iv) A wholesale business or market business shall provide the
commissioner with notice of at least ten business days of the proposed
addition of a new principal to such business and shall provide the
commissioner with such information concerning such proposed principal as
is set forth in the rules promulgated by the commissioner pursuant to
section 22-266 of this chapter. 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, such wholesaler or market business may add
such new principal pending the completion of review by the commissioner.
Such wholesale business or market business shall be afforded an
opportunity to demonstrate to the commissioner that the addition of such
new principal pending completion of such review would not have a result
inimical to the purposes of this chapter. If the commissioner
determines, following completion of such review, that such principal
lacks good character, honesty and integrity, the registration shall
cease to be valid if the commissioner determines that such principal has
failed to divest his or her interest, or to discontinue his or her
involvement in the business of such business or both, as the case may
be, within the time period prescribed by the commissioner.
c. The department shall maintain and publish a list of all wholesalers
and market businesses that are registered with the commissioner together
with the registration numbers of such wholesalers and market businesses.
The department shall make such list available to suppliers, shippers,
truckers and any member of the public who requests it and shall, upon
request, verify to suppliers, shippers and truckers whether a business
is currently registered with the commissioner.
Section 22-254
§ 22-254 Conduct of wholesale businesses and market businesses. The
commissioner shall establish by rule measures governing the conduct of
wholesale businesses and market businesses in the public wholesale
markets, including but not limited to: (i) requirements that wholesale
businesses maintain and supply their registration numbers to suppliers,
and shippers and truckers; (ii) requirements for the disposal of waste
and other sanitary measures; (iii) appropriate insurance and bonding
requirements; (iv) provisions requiring the maintenance of financial
statements, records, ledgers, receipts, bills and such other written
records as the commissioner determines are necessary or useful for
carrying out the purposes of this chapter. Such records shall be
maintained for a period of time not to exceed five years to be
determined by rule by the commissioner, provided, however, that such
rule may provide that the commissioner may, in specific instances at his
or her discretion, require that records be maintained for a period of
time exceeding such five years. Such records shall be made available for
inspection and audit at the request of the commissioner at either the
registrant's place of business or at the offices of the department; and
(v) such other rules as he or she deems necessary or appropriate to
effectuate the provisions of this chapter.
Section 22-255
§ 22-255 Visitor pass. The department or a designee of the department
shall be authorized to issue a visitor pass as a requirement for any
person to enter a public wholesale market including but not limited to:
retailers who enter the market to purchase products and their employees
and temporary employees; and, subject to the provisions of section
22-264 of this chapter, officers and business agents of labor unions or
organizations covered by such section and officers and business agents
of the affiliates thereof, including international unions, pension and
welfare funds and others. Such pass shall be in a form prescribed by the
commissioner, may contain a photograph of such person and shall indicate
the reason the person is visiting the market, whether such person visits
the market on a regular basis or, in the event that such person does not
regularly visit the market, the date for which such pass shall be valid.
The commissioner may provide for the issuance of permanent visitor
passes to those persons who regularly visit a market, and shall provide
for the expeditious issuance of passes at the market entrance to persons
wishing to enter the market on a single or occasional basis. A pass
shall be in possession of such person at all times when such person is
in the market and shall be worn and visible in compliance with rules
promulgated by the commissioner pursuant to section 22-266 of this
chapter. The department or, at the direction of the department, a
designee of the department, shall be authorized to deny a visitor pass
and entry into a market to any person whose presence may constitute a
threat to the orderly operation of a market or who has failed to provide
the identifying information required by the commissioner or the designee
of the commissioner. The provisions of this section shall not apply to
any public wholesale market to which access by the public has routinely
been permitted without control, restriction or other regulation for no
less than a year directly preceding the effective date of this
provision; provided, however, that the commissioner may apply such
provisions upon a determination that an emergency exists that
necessitates the temporary restriction of access to such a market. For
the purposes of this section, a "designee of the department" shall mean
an agency of the city or, in the discretion of the commissioner, a
wholesaler cooperative or similar organization. Nothing in this section
shall be construed to permit the denial of a visitor pass to a
representative of a labor union or labor organization solely because
such person seeks to engage in the lawful exercise within a public
wholesale market of an activity protected under the provisions of the
National Labor Relations Act, 29 U.S.C. § 141 et seq., including, but
not limited to, the lawful picketing of a place of business of a
wholesale business or market business in connection with a legitimate
labor dispute, except as may otherwise be prohibited by law. However,
such person shall not impede any reasonable measure undertaken by a
police officer or authorized employee of the department intended to
control vehicle and pedestrian traffic within such public wholesale
market or upon any street, avenue, parkway, plaza, square or other
public place designated as a public market. The commissioner shall
consult with the commissioner of labor relations prior to reaching any
determination that an activity be a representative of a labor union or
organization is not lawful under the National Labor Relations Act.
Section 22-256
§ 22-256 Fees. The commissioner shall by rule establish fees for photo
identification cards, for registration and the renewal of registration,
and for visitor passes issued pursuant to this chapter in amounts
sufficient to compensate the city for the administrative expense of
issuance of such photo identification cards, of registration and the
inspections and other activities related thereto, and of issuance of
visitor passes. Such rule may provide that a designee of the department
perform administrative functions related to the issuance of photo
identification cards or the issuance of visitor passes and that such
designee may, with the approval of the commissioner, impose a fee for
the performance of such functions. For the purposes of this section
"designee of the department" shall mean an agency of the city or, in the
discretion of the commissioner, a wholesaler cooperative or similar
organization. Registration pursuant to this chapter shall be valid for
three years. A wholesale business or a market business shall be
responsible for the payment of any fee imposed by this section with
respect to an employee of such business or any person seeking to become
an employee of such business.
Section 22-257
§ 22-257 Liability for violations. a. A wholesale business or market
business required by this chapter to be registered with the commissioner
shall be liable for a violation committed by any of its officers,
employees and/or agents acting within the scope of their employment of
any of the provisions of this chapter or any rules promulgated pursuant
thereto.
b. In any civil action or administrative proceeding against an
employee of a wholesale business or market business 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 wholesale
business or market business or by any principal, officer or agent of
such business, provided, however, that this subdivision shall not be
applicable to a violation of section 22-252 or section 22-262 of this
chapter and any rules promulgated pursuant thereto.
Section 22-258
§ 22-258 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 hereto 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 or in
a proceeding before the environmental control board or other
administrative tribunal of competent jurisdiction.
b.(i) Any person who violates the requirement to obtain a photo
identification card or to register a business contained in section
22-252 or section 22-253 of this chapter or who violates section 22-262
of this chapter shall, upon conviction thereof, be subject to a criminal
fine for each violation of not more than ten thousand dollars for each
day of such violation or by imprisonment not exceeding six months, or
both; and any such person shall 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 or proceeding before the environmental
control board or other administrative tribunal of competent
jurisdiction.
(ii) The corporation counsel is authorized to commence a civil action
on behalf of the the city for injunctive relief to restrain or enjoin
any violation of this chapter and for civil penalties.
Section 22-259
§ 22-259 Issuance and refusal to issue registrations and photo
identification cards. a. Where the commissioner has reasonable cause to
believe than an applicant for registration pursuant to section 22-253 of
this chapter or an applicant for a photo identification card lacks good
character, honesty and integrity, the commissioner may require that such
applicant shall: (i) be fingerprinted by a person designated for such
purpose by the commissioner or the department of investigation and a fee
shall be paid which shall be submitted to the division of criminal
justice services and/or the federal bureau of investigation for the
purposes of obtaining criminal history records; (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 therein any of the following items
that the commissioner determines are necessary and appropriate to
evaluate the application of such applicant for registration or the
application of such person for a photo identification card, including
but not limited to: (a) a listing of the names and addresses of any
persons having a beneficial interest in the applicant for registration,
the amount and nature of such interest and the acquisition cost; (b) a
listing of the names and addresses of all officers, directors, partners
and stockholders holding more than ten percent of the outstanding shares
of the business, and of the names and addresses of any manager or other
person who has policy or financial decision-making authority in the
business of an applicant for registration; (c) a listing of the amounts
in which such applicant is indebted, including mortgages on real
property, and the names and addresses of all persons to whom such debts
are owed; (d) a listing of such applicant's real property holdings or
mortgage or other interest in real property held by such applicant other
than a primary residence and the names and addresses of all co-owners of
such interest; (e) a listing of mortgages, loans, and instruments of
indebtedness held by such applicant, the amount of such debt, and the
names and addresses of all such debtors; (f) the name and address of any
business in which such applicant holds an equity or debt interest,
excluding any interest in publicly traded stocks or bonds; (g) the names
and addresses of all persons or entities from whom such applicant has
received gifts valued at more than one thousand dollars in any of the
past three years, and the names of all persons or entities excluding any
organization recognized by the Internal Revenue Service under section
501(c)(3) of the Internal Revenue Code to whom such applicant has given
such gifts 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;
(j) a listing of any determination by a federal, state or city
regulatory agency of a violation by such applicant of laws 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 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) where applicable, a certification that the applicant
has paid all federal, state, and local income 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; (m) a statement authorizing the department to
verify with federal, state and local taxing authorities, to the maximum
extent permitted by law, the facts contained in the certification
submitted pursuant to subparagraph (l) of this paragraph; (n) where
applicable, the names and addresses of the principals of any predecessor
wholesale business or market business of the applicant; and (o) such
additional information concerning good character, honesty and integrity
that the commissioner may deem appropriate and reasonable; and (iii)
appear to be interviewed by the department of investigation or the
department. The commissioner may require that fees be paid by or on
behalf of such applicants to cover the expenses of fingerprinting and
background investigations provided for in this subdivision as are set
forth in the rules promulgated pursuant to section 22-266 of this code.
A wholesale business or a market business shall be responsible for the
payment of any fee imposed by this section with respect to an employee
of such business or any person seeking to become an employee of such
business.
b. The commissioner may, after notice and the opportunity to be heard,
refuse to register an applicant or issue a photo identification card to
a person who lacks good character, honesty and integrity. Such notice
shall specify the reasons for such refusal. In making such
determination, the commissioner may consider, but not be limited to: (i)
failure by such applicant or person to provide truthful information in
connection with the application; (ii) a pending indictment or criminal
action against such applicant or person for a crime which under this
subdivision would provide a basis for the refusal of such registration,
or a pending civil or administrative action to which such applicant or
person is a party and which directly relates to the fitness to conduct
the business or perform the work for which the registration or photo
identification card is sought, in which cases the commissioner may defer
consideration of an application until a decision has been reached by the
court or administrative tribunal before which such action is pending;
(iii) conviction of such applicant or person for a crime which, under
article 23-A of the correction law, bears a relationship to the fitness
of such applicant or person to conduct a business or work in a market;
(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 activity, including, but not limited
to, an offense listed in subdivision one of section nineteen hundred
sixty-one of the Racketeer Influenced and Corrupt Organizations statute
(18 U.S.C. § 1961 et seq) or for 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 for registration
or photo identification card knew or should have known of the organized
crime associations of such person; (vi) a principal of the applicant was
a principal in a predecessor wholesale business or market business where
the commissioner would be authorized to deny registration to such
predecessor business pursuant to this subdivision; or (vii) in the case
of an applicant business, failure to pay any tax, fine, penalty or 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 such judgment has not been stayed. An applicant may submit to the
commissioner any material or explanation which such applicant believes
demonstrates that information submitted pursuant to this subdivision
does not reflect adversely upon the applicant's good character, honesty
and integrity.
c. The commissioner may require that an applicant business shall
submit such information as the commissioner deems necessary to
demonstrate the financial responsibility of such applicant to conduct
the activity for which such registration is required, and may refuse to
register any applicant who has not, in the commissioner's determination,
demonstrated such financial responsibility.
d. The commissioner may refuse to register or to issue a photo
identification card to a person when such applicant has knowingly failed
to provide the information and/or documentation required by the
commissioner pursuant to this chapter or any rules promulgated pursuant
thereto or who has otherwise failed to demonstrate eligibility for such
registration or photo identification card under this chapter or any
rules promulgated pursuant thereto.
e. The commissioner may refuse to register or to issue a photo
identification card to a person when such applicant: (i) was previously
issued a registration or a photo identification card under this chapter
and such registration or card was revoked or not renewed pursuant to the
provisions of this chapter or any rules promulgated hereto; or (ii) has
been determined to have committed any of the acts which would be a basis
for the suspension or revocation of registration or a photo
identification card pursuant to this chapter or any rules promulgated
hereto.
f. For the purposes of this section: "predecessor wholesale business
or market business" shall mean a wholesale business or market business
in which one or more principals of the applicant were principals in the
five year period preceding the application; and, in relation to
investigations of employees pursuant to section 22-252 of this chapter,
the term "applicant" shall be deemed to apply to employees or agents of
an applicant for registration.
Section 22-260
§ 22-260 Revocation or suspension of registration or photo
identification card. In addition to the penalties provided in section
22-258 of this code, the commissioner may revoke a temporary photo
identification card, and after notice and hearing revoke or suspend a
registration issued pursuant to section 22-253 of this chapter or a
photo identification card when the registrant or its officers, employees
or agents 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 representatives of the department; (iii) in the case of
a person who works in the market and holds an office in a labor union or
labor organization, or in a wholesale trade association, has failed to
obey a commissioner's order of disqualification from holding such office
pursuant to subdivision c of section 22-264 or subdivision c of section
22-265 of this chapter; (iv) has continued to employ a person who has
failed to obey a commissioner's order of disqualification from holding
office in a labor organization or labor union or a trade association;
(v) has failed to pay any fines or civil penalties imposed pursuant to
this chapter or the rules promulgated pursuant hereto; (vi) has been
found in persistent or substantial violation of any city, state or
federal laws, rules or regulations regarding the improper handling of
food, or any laws prohibiting deceptive, unfair, or unconscionable trade
practices; (vii) has been found by the commissioner, after consideration
of the factors set forth in subdivision b of section 22-259 of this
chapter to lack good character, honesty and integrity; (viii) has been
found to have made any false statement or any misrepresentation as to a
material fact in the application or accompanying papers upon which the
issuance or renewal of the registration or photo identification card was
based; or (ix) has failed to notify the commissioner as required by
subdivision b of section 22-252 or subdivision a of section 22-253 of
this code of any change in the ownership interest of the business or
other material change in the information required on the application for
such registration or photo identification card, or of the arrest or
criminal conviction of the registrant or any of his or her officers,
employees or agents of which the registrant had knowledge or should have
known. Nothing in this section shall be construed to permit the
revocation of a photo identification card of an employee who is a member
of a labor union or labor organization solely for the reason that such
person has sought to engage in the lawful exercise within a public
wholesale market of an activity protected under the provisions of the
National Labor Relations Act, 29 U.S.C. § 141 et seq. The commissioner
shall consult with the commissioner of labor relations prior to reaching
any determination that an activity by a representative of a labor union
or labor organization is not lawful under the National Labor Relations
Act.
Section 22-261
§ 22-261 Emergency suspension of registration and photo identification
card. Notwithstanding any other provision of this chapter or rules
promulgated thereto, the commissioner may, if he or she has reasonable
cause to believe that the operation of any business or the presence of
any person in a public wholesale market creates an imminent danger to
life or property or to the orderly and lawful operation of the market,
or that there has likely been false or fraudulent information submitted
in an application made pursuant to this chapter, immediately suspend a
registration or a permanent 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 whose registration has been suspended, permit such business to
remain in the market 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
orderly operation and safety of the market. Nothing in this section
shall be construed to permit the emergency suspension of a photo
identification card of an employee who is a member of a labor union or
labor organization solely for the reason that such person is seeking or
has sought to engage in the lawful exercise within a public wholesale
market of an activity protected by the provisions of the National Labor
Relations Act, 29 U.S.C. §141 et seq. The commissioner shall consult
with the commissioner of labor relations prior to reaching any
determination that an activity by a representative of a labor union or
labor organization is not lawful under the National Labor Relations Act.
Section 22-262
§ 22-262 Surrender of registration certificate and photo
identification card and cessation of use of registration number.
Suspension or revocation of a registration shall require the immediate
surrender to the commissioner of the registration certificate and all
photo identification cards issued for employees of the registrant.
Suspension or revocation of a registration shall also require the
immediate cessation of use of a registration number. Suspension or
revocation of a photo identification card or discontinuance of
employment in the market shall require the immediate surrender of such
identification card. Violation of the provisions of this section may
result in revocation of the registration or photo identification card
where such registration or identification card is under suspension or in
criminal or civil penalties as provided in subdivision b of section
22-258 of this chapter.
Section 22-262.1
§ 22-262.1 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 22-253 of this
chapter where such vehicle or other property or equipment is owned,
leased or rented by a person subject to the provisions of such
subdivision or such vehicle or other property or equipment is owned by a
person other than an employee and is used directly by a person subject
to the provisions of such subdivision. 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 22-253 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
22-253 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 22-253 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 22-253 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 22-263
§ 22-263 Business address. Each applicant for registration pursuant to
this chapter shall provide the commissioner with a business address in
New York city where notices may be delivered and legal process served.
Section 22-264
§ 22-264 Registration of labor union and labor organization;
disqualification from office-holding. a. A labor union or labor
organization representing or seeking to represent employees directly
involved in the movement, handling or sale of goods sold in any public
wholesale market in the city of New York shall, within the time period
prescribed by the commissioner, register with the commissioner and shall
disclose such information to the commissioner as the commissioner may by
rule require, including but not limited to the names of all officers and
agents of such union or organization; provided, however, that this
section shall not apply: (i) to a labor union that represents or seeks
to represent fewer than two hundred employees in any public wholesale
market or combination of public wholesale markets in the city of New
York; (ii) to a labor union representing or seeking to represent
clerical or other office workers, construction or electrical workers or
any other workers temporarily or permanently employed in a public
wholesale market for a purpose not directly related to the movement,
handling or sale of goods in such market; (iii) to affiliated national
or international labor unions of local labor unions required to register
pursuant to this provision; and provided, further, that no labor union
or labor organization shall be required to furnish information pursuant
to this section which is already included in a report filed by such
labor union or labor organization with the Secretary of Labor pursuant
to 29 U.S.C. § 431 et seq. or § 1001 et seq. if a copy of such report,
or of the portion thereof containing such information, is furnished to
the commissioner.
b. An officer of a labor union or labor organization required to be
registered with the commissioner pursuant to subdivision a of this
section shall inform the commissioner, on a form prescribed by the
commissioner, of: (i) all criminal convictions, in any jurisdiction, of
such officer; (ii) any pending civil or criminal actions to which such
officer is a party; and (iii) any criminal or civil investigation by a
federal, state, or local prosecutorial agency, investigative agency or
regulatory agency, in the five year period preceding the date of
registration pursuant to subdivision a of this section and at any time
subsequent to such registration, wherein such officer has (A) been the
subject of such investigation, or (B) received a subpoena requiring the
production of documents or information in connection with such an
investigation. Any material change in information reported pursuant to
this subdivision shall be reported to the commissioner within thirty
calendar days thereof. The commissioner may, if he or she has reasonable
cause to believe that such an officer lacks good character, honesty and
integrity, require that such officer be fingerprinted by a person
designated by the commissioner for such purpose or by 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
purpose of obtaining criminal history records.
c. The commissioner may, after notice and opportunity to be heard,
disqualify an officer of a labor union or labor organization from
holding office when such person: (i) has failed, by the date prescribed
by the commissioner, to be fingerprinted or to provide truthful
information in connection with the reporting requirements of subdivision
b of this section; (ii) is the subject of a pending indictment or
criminal action against such officer for a crime which bears a direct
relationship to the lawful and orderly operation of the market, in which
case the commissioner may defer a determination until a decision has
been reached by the court before which such action is pending; (iii) has
been convicted of a crime which, under the standards set forth in
article 23-A of the correction law, bears a direct relationship to the
lawful and orderly operation of the market, including the specific
duties and responsibilities necessarily related to the union office; the
bearing, if any the criminal offense or offenses will have on the
fitness of the officer to perform such responsibilities; the time which
has elapsed since the occurrence of the criminal offense or offenses;
the seriousness of the offense or offenses; and any information produced
by the person, or produced on his or her behalf, in regard to his or her
rehabilitation or good conduct; (iv) has committed a racketeering
activity or associated with a person who has been convicted of a
racketeering activity, including but not limited to the offenses listed
in subdivision one of section nineteen hundred sixty-one of the
Racketeer Influenced and Corrupt Organization statute (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, when
the officer knew or should have known of such conviction; or (v) has
associated 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 officer knew or should have known of the organized crime
associations of such person. An officer required to disclose information
pursuant to subdivision a of this section may submit to the commissioner
any material or explanation which such officer believes demonstrates
that such information does not reflect adversely upon the officer's good
character, honesty and integrity. If the commissioner determines
pursuant to this subdivision that there are sufficient grounds to
disqualify a person from holding office in a labor union or labor
organization, the commissioner shall suspend such person from holding
office pending final determination and, in the event such person is
disqualified, such suspension shall continue pending resignation or
vacatur of or removal from office. Upon written request of the suspended
person within ten days of the commissioner's determination, the director
of the office of collective bargaining shall prepare a list of the names
of the first fifteen arbitrators selected at random from the roster of
arbitrators approved by the office of collective bargaining and present
the first five names on such list to the suspended person and the
commissioner. Within alternating periods of five business days the
suspended person and then the commissioner shall each strike a name from
the list of selected arbitrators. If the parties cannot within two
additional business days jointly appoint an arbitrator from those
remaining on the list, the suspended person and then the commissioner
shall within alternating periods of two business days each strike an
additional name from the list. The remaining arbitrator shall thereupon
be appointed as the arbitrator for that proceeding and shall establish a
schedule for such proceeding. In the event that such arbitrator declines
the appointment or for any reason is unable to accept the appointment,
then the director of the office of collective bargaining shall within
five business days present to the suspended person and the commissioner
the next five names on the list of arbitrators previously selected at
random and the procedures set forth in this subdivision for appointing
an arbitrator shall be applied to this second group. In the event that
the arbitrator appointed from this second group declines the appointment
or for any reason is unable to accept the appointment then the director
of the office of collective bargaining shall present the remaining five
names from the list arbitrators selected at random and the suspended
person shall select an arbitrator from such group. Such arbitrator shall
make a final report and recommendations in writing concerning the
disqualification. The commissioner shall accept such report and
recommendations and issue his or her final determination consistent with
such report and recommendations. In the event that the suspended person
does not make a request for arbitration within the ten-day period he or
she shall be disqualified from holding office. Upon receiving an order
of the commissioner pursuant to this subdivision disqualifying a person
from holding office in a labor union or labor organization, such person
shall resign or vacate such office within fourteen days or, if such
person fails to resign or vacate such office within such time period,
such union or organization shall remove such person forthwith from such
office. Failure of such a person to resign or vacate office within such
time period shall subject such person to the penalties set forth in
subdivision a of section 22-258 of this chapter. An officer who has been
disqualified or suspended by the commissioner pursuant to the provisions
of this subdivision may be excluded by the commissioner from the market.
Nothing in this section shall be construed to authorize the commissioner
to disqualify a labor union or labor organization from representing or
seeking to represent employees of a business required to be registered
pursuant to section 22-253 of this code.
d. In reaching a determination to fingerprint or disqualify an officer
of a labor union or labor organization pursuant to subdivisions b or c
of this section, the commissioner shall give substantial weight to the
results of any investigation conducted by an independent investigator,
monitor, trustee or other person or body charged with the investigation
or oversight of such labor union or labor organization, including
whether such investigation has failed to return charges against such
officer.
e. Notwithstanding any other provision of this chapter to the
contrary, the provisions of this section shall apply to any labor union
or labor organization representing or seeking to represent employees of
business required to be licensed or registered pursuant to chapter 1-A
of this title in the fulton fish market distribution area or other
seafood distribution area. The term "market" shall, for purposes of
application of the provisions of this section to the fulton fish market
distribution or other seafood distribution area, mean such areas.
Section 22-265
§ 22-265 Registration of wholesale trade association; disqualification
from office-holding. A wholesaler trade association shall, within the
time period prescribed by the commissioner, register with the
commissioner and shall disclose such information to the commissioner as
the commissioner may by rule require, including but not limited to the
names of all members of such association and of all persons holding
office in such association. The commissioner may promulgate rules
requiring that an association required to register pursuant to this
section maintain financial statements, records, ledgers, receipts, bills
and such other written records as the commissioner determines are
necessary or useful for carrying out the purposes of this chapter. Such
records shall be maintained for a period of time not to exceed five
years to be determined by rule by the commissioner; provided, however,
that such rule may provide that the commissioner may, in specific
instances at his or her discretion, require that records be maintained
for a period of time exceeding five years. Such records shall be made
available for inspection and audit at the request of the commissioner at
either the offices of the association or the offices of the department.
b. An officer of a wholesale trade association required to register
pursuant to this section shall inform the commissioner, on a form
prescribed by the commissioner, of: (i) all criminal convictions, in any
jurisdiction, of such officer; (ii) any pending civil or criminal
actions to which such officer is a party; and (iii) any criminal or
civil investigation by a federal, state, or local prosecutorial agency,
investigative agency or regulatory agency, in the five year period
preceding the date of registration pursuant to subdivision a of this
section and at any time subsequent to such registration, wherein such
officer has (A) been the subject of such investigation, or (B) received
a subpoena requiring the production of documents or information in
connection with such an investigation. Any material change in
information reported pursuant to this subdivision shall be reported to
the commissioner within thirty calendar days thereof. The commissioner
may, if he or she has reasonable cause to believe that such an officer
of a trade association lacks good character, honesty and integrity,
require that such officer be fingerprinted by a person designated by the
commissioner for such and pay a fee to be submitted to the division of
criminal justice for the purpose of obtaining criminal history records.
c. The commissioner may, after notice and opportunity to be heard,
disqualify a person from holding office in a wholesale trade association
when such person: (i) has failed, by the date prescribed by the
commissioner, to be fingerprinted or to provide truthful information in
connection with the reporting requirements of subdivision b of this
section; (ii) is the subject of a pending indictment or criminal action
against such officer for a crime which bears a relationship to the
lawful and orderly operation of the market, in which case the
commissioner may defer a determination pending a determination by the
court before which such action is pending; (iii) has been convicted of a
crime which, under the standards of article 23-A of the correction law,
bears a relationship to the lawful and orderly operation of the market;
(iv) has committed a racketeering activity or associated with a person
who has been convicted of a racketeering activity, including but not
limited to the offenses listed in subdivision one of section nineteen
hundred sixty-one of the Racketeer Influenced and Corrupt Organization
statute (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, when the officer knew or should have known of such
conviction; or (v) has associated 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 officer knew or should have
known of the organized crime associations of such person. An officer
required to disclose information pursuant to subdivision a of this
section may submit to the commissioner any material or explanation which
such officer believes demonstrates that the officer does not lack good
character, honesty and integrity. Upon receiving an order of the
commissioner pursuant to this subdivision disqualifying a person from
holding office in a wholesale trade association, such person shall
vacate such office or, if such person fails to vacate such office within
the time period specified by the commissioner, such association shall
remove such person forthwith from such office. Failure of such person to
vacate such office within the time specified by the commissioner shall
subject such person to the penalties set forth in subdivision a of
section 22-258 of this chapter or to injunctive action by the city
pursuant to subdivision c of such section. An office-holder who has been
disqualified pursuant to the provisions of this subdivision may be
excluded by the commissioner from the market. Nothing in this section
shall be construed to authorize the commissioner to disqualify a
wholesale trade association from representing or seeking to represent a
business required to be registered pursuant to section 22-253 of this
chapter.
Section 22-266
§ 22-266 Rules. The commissioner may promulgate such rules as he or
she may deem necessary to effectuate the provisions of this chapter.
Section 22-267
§ 22-267 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, investigation of the information
required to be submitted by applicants for registration or photo
identification cards.
Section 22-268
§ 22-268 Timetable for implementation. a. The commissioner shall be
authorized to develop by rule a timetable for the sequenced
implementation of provisions of this chapter and any rules promulgated
thereunder to public wholesale markets.
b. Enforcement of the registration requirements or the requirements
for photo identification cards and, where applicable, visitor passes in
a public wholesale market shall commence upon the implementation date
for such market set forth in the rules promulgated pursuant to
subdivision a of this section, except that, with respect to any
wholesaler or market business or any person working in a market as of
such date who seeks to register or to obtain a photo identification card
and whom the commissioner has required to submit to fingerprinting and
disclosure requirements pursuant to section 22-259 of this chapter, no
enforcement of such requirements shall take place unless and until such
wholesaler or entity or person working in the market has failed to
submit such fingerprints or disclosure within the time period specified
by the commissioner or such registration or photo identification card
has been denied.
Section 22-269
§ 22-269 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. Such report shall be submitted within one week
after issuance by the mayor of the management report for the city.
Except as provided in any provision 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 chapter reported
to have occurred within each public wholesale market. 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 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. the number of applicants for registration that were denied, with
a statement of the reasons for denials and the number of pending
applications;
iv. the number of photo identification cards that have been issued,
the number of applications for such card that have been denied, with a
statement of the reasons for denial and the number of pending
applications for such card;
v. the number of registrations and photo identification cards that
have been suspended or revoked under sections 22-260 or 22-261 of this
chapter, respectively, a statement of the reasons for such actions and
the average duration of such suspensions;
vi. the number of principals of wholesalers, officers of labor unions
or labor organizations, officers of wholesale trade associations and
holders of photo identification cards to whom the provisions of section
22-259 of this chapter have been applied and the result under section
22-260 of this chapter;
vii. the amounts, by category, of all fees relating to implementation
of this chapter to which the city is entitled, the amounts actually
collected and the reasons for the difference; and
viii. 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 viii of subdivision a of this section
shall be reported separately for each public wholesale market.
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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