Section 19-506. Regulations and enforcement

a.  Except as provided by
  section 19-512.1, the commission  may  impose  reasonable  fines  and/or
  suspend  or revoke any license issued by the commission where the holder
  has failed to comply with or has willfully or knowingly violated any  of
  the provisions of this chapter or a rule or regulation of the commission
  after  adjudication  of  such  violation  by the administrative tribunal
  established by the commission in accordance with section 2303 of the New
  York city charter.
    b. 1. Any person who shall permit another  to  operate  or  who  shall
  knowingly operate or offer to operate for hire any vehicle as a taxicab,
  coach,  wheelchair  accessible  van  or  for-hire  vehicle  in the city,
  without first having obtained an appropriate license therefor, shall  be
  guilty  of a violation hereof, and upon conviction in the criminal court
  shall be punished by a fine of not less than  four  hundred  dollars  or
  more  than  one thousand dollars or imprisonment for not more than sixty
  days, or both such fine and imprisonment.
    2. Where  a  violation  of  this  chapter  or  any  rules  promulgated
  thereunder  is  committed  using  a  vehicle  which is owned by a rental
  vehicle company and has been rented or leased  by  such  rental  vehicle
  company,  it  shall  be  an  affirmative defense that the rental vehicle
  company did not know or have any reason to know that the person to  whom
  it  was rented or leased would operate or offer to operate for hire such
  vehicle as a taxicab,  coach,  wheelchair  accessible  van  or  for-hire
  vehicle in the city. For purposes of this subdivision, a "rental vehicle
  company"  shall  be  defined  as  any  person  or  organization  or  any
  subsidiary or affiliate, including  a  franchise,  in  the  business  of
  providing rental vehicles to the public.
    c.  (1)  No  person shall operate or permit to be operated any vehicle
  bearing the words "hack," "taxi," "taxicab," "cab,"  "coach,"  "for-hire
  vehicle,"  "livery," "limousine," "commuter van service," "van service,"
  "commuter van," "van" or other designation of similar import unless  the
  vehicle  is  licensed as a taxicab, coach, for-hire vehicle, or commuter
  van, as appropriate, and the driver has an appropriate driver's  license
  under  this  chapter,  and  in  the case of a commuter van service, such
  person has an authorization to operate a commuter van service, nor shall
  any person advertise or hold himself or herself out as doing business as
  a taxi, taxicab, hack or coach service unless he or she holds a  vehicle
  license  and  medallion  for  each  vehicle used therefor, nor shall any
  person advertise or hold himself or herself out as doing business  as  a
  "limousine  service," "livery service," a "for-hire vehicle service," or
  other similar designation unless a for-hire vehicle license is in effect
  for each vehicle used therefor, nor shall any person advertise  or  hold
  himself  or  herself  out as doing business as a "commuter van service,"
  "van service," "commuter van," "van" or  other  designation  of  similar
  import  unless  such  person  is  authorized  to  operate a commuter van
  service and a commuter van license is in effect for  each  vehicle  used
  therefor  as required by this chapter, nor shall any person advertise or
  hold himself or herself out as doing business as a wheelchair accessible
  van service or other similar designation unless a wheelchair  accessible
  van license is in effect for each vehicle used therefor.
    (2)  Any  person required to obtain a license under this chapter shall
  conspicuously state in all print and broadcast advertising, with respect
  to such licensed activity, the  vehicle  license  number  and  that  the
  activity  is  licensed  by  the  commission;  provided, however, that as
  applied to the owner of a for-hire vehicle base station,  or  wheelchair
  accessible  van base station, such license number shall be the number of
  the license issued to such base  station;  provided  further,  that  the
  requirement  of  this  subdivision  respecting  the  display  of vehicle

  license numbers in print and broadcast advertising shall  not  apply  to
  any  owner of five or more taxicabs. No person who is required to obtain
  authorization to operate a commuter van service under this chapter shall
  advertise  in  print  or  in  a  broadcast medium the activity for which
  authorization  is  required  without  conspicuously  stating   in   such
  advertising  the  commuter van service authorization number and that the
  activity is licensed by the commission.
    d. Any person, other than a person holding a driver's  license  issued
  pursuant  to  section  19-505  and  a  New York state class A, B, C or E
  license, neither of  which  is  revoked  or  suspended,  who  drives  or
  operates  for hire a licensed vehicle in the city except a commuter van,
  shall be guilty of a  violation  hereof,  and  upon  conviction  in  the
  criminal court, shall be punished by a fine of not less than one hundred
  dollars  nor  more  than five hundred dollars or imprisonment for a term
  not exceeding thirty days, or both such fine and imprisonment.
    e. As an alternative to the penalties provided for  the  violation  of
  subdivisions  b,  c  and d of this section, any person who shall violate
  any of the provisions of such subdivisions shall be liable for  a  civil
  penalty  of not less than two hundred dollars nor more than one thousand
  five hundred dollars for each violation. A proceeding to impose  such  a
  civil  penalty  or  a  civil penalty prescribed in subdivision f of this
  section shall be commenced by the  service  of  a  notice  of  violation
  returnable  before  the  commission or an administrative tribunal of the
  commission. The commission or such tribunal, after a hearing as provided
  by the rules of the commission, shall have  the  power  to  enforce  its
  decisions and orders imposing such civil penalties as if they were money
  judgments  pursuant  to  subdivision  c  of  section  two thousand three
  hundred three of the charter.
    f. As an alternative to the penalties provided for  the  violation  of
  subdivision c of this section, the commission, after notice and hearing,
  shall  be  authorized  to  impose  the  civil penalties provided in this
  subdivision upon any person found to have advertised in print  or  in  a
  broadcast  medium  in  violation of such subdivision, provided, however,
  that such civil penalties may be imposed only when such person  was  not
  licensed by the commission at the time of such violation. Such penalties
  shall  be levied for each broadcast in violation of such subdivision and
  shall be not less than one hundred dollars nor more  than  five  hundred
  fifty  dollars  for  each  such  broadcast.  Such  penalties for printed
  advertisements shall  be  levied  for  each  publication  and  shall  be
  determined  based  on  the  period  of time the publication in which the
  advertisement appears remains  current.  The  current  period  shall  be
  determined as that time when a publication is initially offered for sale
  or  distribution  until  the  period  when the next dated publication is
  offered for sale or distribution. In no case shall this period  be  less
  than twenty-four hours. If the current period is:
    daily,  such  penalty  shall  be not less than one hundred dollars nor
  more than five hundred dollars per day;
    weekly, such penalty shall be not less than two hundred fifty  dollars
  nor more than seven hundred fifty dollars;
    greater  than one week and not more than one month, such penalty shall
  be not less than seven hundred fifty dollars nor more than one  thousand
  dollars; and
    greater  than  one  month,  such  penalty  shall  be not less than one
  thousand dollars nor more than two thousand dollars.
    g. The commission shall undertake a public awareness campaign advising
  the public to patronize only licensed  taxicabs  and  for-hire  vehicles
  and, when selecting a taxicab or for-hire vehicle from an advertisement,
  to look for the commission license number in any such advertisement.

    h.  (1)  Any  officer  or employee of the commission designated by the
  chairperson of the commission and  any  police  officer  may  seize  any
  vehicle  which  he  or  she has probable cause to believe is operated or
  offered to be operated without an appropriate vehicle license  for  such
  operation in violation of subdivision b or c of this section. Therefore,
  either the commission or an administrative tribunal of the commission at
  a proceeding commenced in accordance with subdivision e of this section,
  or  the  criminal  court,  as  provided in this section, shall determine
  whether a vehicle seized pursuant to this subdivision  was  operated  or
  offered  to  be  operated  in  violation of either such subdivision. The
  commission shall have the power to promulgate regulations concerning the
  seizure and release of vehicles and may provide in such regulations  for
  reasonable fees for the removal and storage of such vehicles. Unless the
  charge  of violating subdivision b or c of this section is dismissed, no
  vehicle seized pursuant to this subdivision shall be released until  all
  fees  for  removal  and storage and the applicable fine or civil penalty
  have been paid  or  a  bond  has  been  posted  in  a  form  and  amount
  satisfactory  to  the  commission,  except  as is otherwise provided for
  vehicles subject  to  forfeiture  pursuant  to  paragraph  two  of  this
  subdivision.
    (2)  In  addition  to any other penalties provided in this section, if
  the owner is convicted in the criminal court  of,  or  found  liable  in
  accordance with subdivision e of this section for, a violation of either
  subdivision  b or c of this section three or more times, and all of such
  violations were committed on or after the effective date of this section
  and within a thirty-six month period, the interest of such owner in  any
  vehicle used in the commission of any such third or subsequent violation
  shall  be  subject to forfeiture upon notice and judicial determination.
  Notice of the institution of  the  forfeiture  proceeding  shall  be  in
  accordance with the provisions of the civil practice law and rules.
    (3)  Except as hereinafter provided, the city agency having custody of
  a vehicle after judicial determination of forfeiture, shall,  no  sooner
  than  thirty days after such determination and upon a notice of at least
  five days, sell such forfeited vehicle at public sale. Any person, other
  than an owner whose interest is forfeited pursuant to this section,  who
  establishes  a  right  of  ownership  in  a  vehicle,  including  a part
  ownership or security interest, shall be  entitle  to  delivery  of  the
  vehicle if such person;
    (A)  redeems the ownership interest which was subject to forfeiture by
  payment to the city of the value thereof;
    (B) pays the reasonable expenses of the  safekeeping  of  the  vehicle
  between the time of seizure and such redemption; and
    (C)  either  (i) asserts a claim in the forfeiture proceeding, or (ii)
  submits a claim in writing to the commission within  thirty  days  after
  judicial determination of forfeiture.
    (4)   Notwithstanding  the  provisions  of  paragraph  three  of  this
  subdivision, establishment of a right of ownership shall not  entitle  a
  person  to  delivery  of  a  vehicle  if  the  city  establishes  in the
  forfeiture proceeding or in a separate administrative adjudication of  a
  claim  asserted  pursuant  to  subparagraph C of paragraph three of this
  subdivision that the violations of subdivision b or c  of  this  section
  upon  which  the  forfeiture  is  predicated were expressly or impliedly
  permitted by such person. The  commission  shall  promulgate  rules  and
  regulations  setting  forth  the  procedure  for  such an administrative
  adjudication, which shall include provision for a hearing.
    (5) For purposes of this subdivision, the term "owner" shall  mean  an
  owner  as defined in section one hundred twenty-eight and in subdivision

  three of section three hundred eighty-eight of the vehicle  and  traffic
  law.
    (6)  The provisions of this subdivision shall not apply to the seizure
  and forfeiture of commuter vans which  shall  be  governed  by  sections
  19-529.2 and 19-529.3 of this chapter.
    i. (1) Notwithstanding any inconsistent provision of this chapter, any
  person   who  violates  any  provision  of  this  chapter  or  any  rule
  promulgated hereunder applicable to commuter van services, commuter vans
  or drivers of commuter vans shall be subject to a civil  penalty  in  an
  amount  to  be  prescribed  by  the  commission  by  rule  for  specific
  violations which amount shall not exceed  one  thousand  dollars  for  a
  first  violation  and  twenty-five  hundred  dollars  for  a  second and
  subsequent violation committed within two years of  a  first  violation.
  Where  such  violation  involves the operation of a commuter van service
  without the authorization required by this chapter, the operation  of  a
  commuter  van  without  the  license  required  by  this  chapter or the
  operation of a commuter van that is not pursuant  to  a  current,  valid
  authorization  to  operate  a commuter van service, such person shall be
  liable for a civil penalty of not less than five hundred dollars and not
  more than one thousand dollars, and for a subsequent violation committed
  within two years of the first violation, such person shall be liable for
  a civil penalty of not less than one thousand dollars and not more  than
  twenty-five hundred dollars.
    (2)  A  proceeding  to impose such civil penalty shall be commenced by
  the service of a notice of violation returnable before the commission or
  an administrative tribunal of the commission. Such civil penalties shall
  be imposed  after  a  hearing  in  accordance  with  the  rules  of  the
  commission.
    (3)   Except   as   otherwise  provided  in  paragraph  four  of  this
  subdivision, civil penalties imposed by the commission or such  tribunal
  may  be  recovered  by  the corporation counsel in a civil action in any
  court of competent jurisdiction.
    (4) Decisions and orders of the commission or such  tribunal  imposing
  civil penalties for violations relating to the operation of commuter van
  service  without  authorization and the operation of unlicensed commuter
  vans and unlicensed drivers of commuter vans may be entered and enforced
  as if they were money judgments of a court pursuant to subdivision c  of
  section two thousand three hundred three of the charter.
    (5)  Notices  of  violation  which are returnable to the commission or
  such tribunal may be served by any officers or employees  designated  by
  the  commission,  any  police  officer  or  any  authorized  officers or
  employees of the department of  transportation  or  the  New  York  city
  transit authority.
    j.  Where  the  commission or administrative tribunal thereof finds an
  owner liable for operating a  vehicle  as  a  commuter  van  without  an
  authorization  to  operate  a commuter van service or without a commuter
  van license, the commission shall notify the New York state commissioner
  of motor vehicles pursuant  to  subparagraph  four  of  paragraph  a  of
  subdivision  five of section eighty of the New York state transportation
  law of such finding. Upon such notification, the commissioner  of  motor
  vehicles,  pursuant  to  such subparagraph four, shall thereupon suspend
  the registration of such vehicle and shall deny any application for  the
  registration  of such vehicle or any application for the renewal thereof
  pursuant to subdivision five-a  of  section  four  hundred  one  of  the
  vehicle  and  traffic  law  until  such  time as the commission may give
  notice that the  violation  has  been  corrected  to  its  satisfaction.
  Operation  of  any  motor  vehicle  for  which the registration has been
  suspended as herein provided shall constitute a class A misdemeanor. The

  commission shall also notify the department of finance where it finds an
  owner liable for operating a  vehicle  as  a  commuter  van  without  an
  authorization  to  operate  a commuter van service or without a commuter
  van license.