Section 16-131.1. Issuance, renewal, suspension and revocation of permits  


Latest version.
  • The  commissioner  shall  be  responsible  for  the  issuance,  renewal,
      suspension  and revocation of permits required by section 16-130 of this
      chapter. An application for such a permit shall also be presented by the
      department to the New York city trade waste  commission  for  review  by
      such  commission. The commissioner shall consider the recommendations of
      such commission in making a determination pursuant to this section.
        a. The commissioner, consistent with  article  twenty-three-A  of  the
      correction  law,  may  refuse  to  issue  or  renew a permit required by
      section 16-130 of this chapter, or may, after notice and the opportunity
      to be heard, suspend or revoke such a permit when the applicant for such
      permit or such permittee has been denied a license required  by  section
      16-505 of this code to operate a business for the collection, removal or
      disposal of trade waste or has had such a license revoked for the reason
      that  such  applicant or licensee has been found to lack good character,
      honesty and integrity by the trade  waste  commission  pursuant  to  the
      provisions of title 16-A of this code.
        b.  The  commissioner,  consistent  with article twenty-three-A of the
      correction law, may refuse to issue to an applicant a permit required by
      section 16-130 of this chapter and may, after due notice and hearing, in
      addition to any other  penalties  provided  by  law,  refuse  to  renew,
      suspend  or  revoke  such  permit  upon  the  occurrence  of  any of the
      following conditions:
        1. the applicant or permittee has been convicted of a crime  which  in
      the judgment of the commissioner has a direct relationship to his or her
      fitness  or  ability to perform any of the activities for which a permit
      is required under section 16-130 of this chapter; or
        2. the applicant or  permittee  has  been  found  by  a  court  or  an
      administrative agency of competent jurisdiction to have violated:
        (A)  any  provision  of  section  16-117.1,  16-119, 16-120.1, 16-130,
      16-131, 16-131.2, 16-131.3 or 16-131.5 of this chapter; or
        (B) any provision of article one hundred fifty-seven of the  New  York
      city health code; or
        (C)  any other law or rule related to the conduct, operation or use of
      a dump, non-putrescible solid waste transfer station, putrescible  solid
      waste transfer station or fill material operation; or
        (D)  any  federal  or  state law prohibiting unfair trade practices or
      conduct in restraint of competition, including but not  limited  to  the
      Sherman  Anti-Trust Act (15 U.S.C. §1, §2), the Clayton Act (15 U.S.C. §
      18), the Robinson Patman Act (15 U.S.C. §12 et seq.), the Federal  Trade
      Commission  Act (15 U.S.C. §45 et seq.), and sections 340 et seq. of the
      general business law or an equivalent offense  under  the  laws  of  any
      other jurisdiction; or
        3. the commissioner has determined, after consideration of the results
      of  an  investigation  conducted  pursuant  to  this  section,  that the
      applicant or permittee has operated the business for which a  permit  is
      required by section 16-130 of this chapter in a manner inconsistent with
      the  provisions  of  the  federal or state laws prohibiting unfair trade
      practices  or  conduct  in  restraint  of  competition  set   forth   in
      subparagraph (D) of paragraph two of this subdivision; or
        4.  the  applicant  or permittee has violated or failed to comply with
      any of the conditions for issuance of such permit as  provided  in  this
      chapter or any of the rules promulgated hereunder.
        c.  Where the commissioner or the New York city trade waste commission
      has reasonable cause to believe that a permittee or an applicant  for  a
      permit  required by section 16-130 of this code may lack good character,
      honesty and integrity, such applicant or permittee shall, in addition to
      providing the information required by the rules promulgated pursuant  to
    
      paragraph  two  of  subdivision  a  of section 16-131 of this code, also
      comply with the fingerprinting and disclosure requirements set forth  in
      subdivision  b  of  section  16-508 of this code and pay the fee for the
      investigation  thereof set forth in the rules of the New York city trade
      waste commission. The  commissioner  may,  after  consideration  of  the
      results  of  such  investigation,  refuse  for  the reasons set forth in
      section 16-509 of this code to issue a permit required by section 16-130
      of this chapter and, after notice  and  opportunity  to  be  heard,  may
      revoke  or  suspend any such permit upon a finding that the applicant or
      the permittee lacks good character, honesty and integrity.
        d. For the purposes of this section, "applicant" or "permittee"  shall
      mean  the  business  of  the  applicant  or  permittee and any principal
      thereof, as the term "principal" is defined in section  16-501  of  this
      code.
        e.  The  New  York  city  trade  waste commission or the department of
      investigation may, at  the  request  of  the  commissioner,  assist  the
      commissioner in any investigation conducted pursuant to this section.