Section 17-917. Denial of permit

a.  Every  applicant for a new or renewal permit to operate a day care
  service shall disclose whether a serious injury or the death of a  child
  in  its  care,  or  the care of any of its owners, directors, employees,
  volunteers or agents, has occurred. Every such  permit  applicant  shall
  further  disclose  any civil or criminal court verdicts holding that the
  applicant, or any of its owners,  directors,  employees,  volunteers  or
  agents,  was responsible for such serious injury or death of a child, or
  administrative  agency  decisions  holding  or  finding  that  there  is
  credible  evidence  that the applicant, or any of its owners, directors,
  employees, volunteers or agents, was responsible for such serious injury
  or death of a child, and whether  any  legal  proceeding  involving  the
  serious  injury or death of a child is pending against the applicant, or
  any of its owners,  directors,  employees,  volunteers  or  agents.  The
  department  shall  deny  such  a  permit  unless,  on  the  basis of the
  application  and  other  papers  submitted,  including  the  information
  provided  pursuant  to  this  section, and on the basis of department or
  City investigation, if any, it is satisfied that the provisions  of  the
  New  York  City  health  code  and other applicable law will be met. The
  death of a child or the occurrence of more than one  incident  resulting
  in  a  serious injury to a child or children in the care of an applicant
  or permittee shall create a presumption in any proceeding brought by the
  department to deny or revoke such a  permit  of  the  inability  of  the
  applicant  or  permittee  to  comply with the provisions of said code or
  other  applicable  law.  Nothing  herein  shall  otherwise   limit   the
  department's authority to deny the issuance or renewal of a permit or to
  revoke a permit.
    b. To the extent permissible by law, where the department has received
  written notification that a person with responsibility for oversight and
  direction  of a day care service has a felony conviction at any time for
  a sex offense, crime against a child, or a crime involving violence,  or
  a  felony  conviction  within  the  past  five  years for a drug-related
  offense,  the   department   shall,   when   consistent   with   article
  twenty-three-A  of the correction law, deny the application for a permit
  to operate such day care service.