Section 19-518. Transfer of licenses  


Latest version.
  • a. No for-hire vehicle license shall be
      transferred  or  assigned,  nor  shall  such  vehicle license be used in
      affiliation with any garage or business location other than the location
      stated in such license.
        b. Any base station license or ownership interest in the licensee  may
      be  transferred  to  a  proposed  transferee who has demonstrated to the
      satisfaction of the commission the qualifications to assume  the  duties
      and  obligations  of  a  base  station  owner  provided  that either the
      transferor or transferee shall have  filed  a  bond  to  cover  all  the
      outstanding  tort  liabilities  of  the  transferor  arising  out of the
      operation of a base station and  the  for-hire  vehicles  owned  by  the
      transferor  which  is  in  excess  of  the amount covered by any bond or
      insurance policy in effect pursuant to the vehicle and traffic law,  and
      all  outstanding  fines,  penalties  and  other  liabilities  which  the
      transferor owes to the commission shall have been  satisfied.  All  such
      transfers  and  any  changes  in  corporate offices or directors must be
      approved by the commission in order  to  be  effective.  The  commission
      shall  establish  by rule the factors to be considered for approval of a
      proposed transferee, officer or director which shall include, but not be
      limited to, the criminal history of the proposed transferee and  of  the
      transferee's  officers, shareholders, directors and partners, if any, or
      the proposed officers or directors, in a manner consistent with  article
      twenty-three-A   of   the   correction  law,  any  relevant  information
      maintained in the records of the department of  motor  vehicles  or  the
      commission, and transferee's financial stability.
        c.  A  transfer  shall  not  be approved if in the past two years, the
      proposed transferee or any officer, shareholder, director or partner  of
      the  proposed  transferee,  where  appropriate,  has  been found to have
      violated any law or rule involving:
        (i) assaultive behavior toward a passenger, official or member of  the
      public in connection with any matter relating to a for-hire vehicle;
        (ii)  conviction  for  giving  or  offering  an unlawful gratuity to a
      public servant, as defined in section 10.00 of the penal law;
        (iii) providing the commission with false information; or
        (iv)  three  unexplained  failures   to   respond   to   an   official
      communication of the commission or the department of investigation which
      was sent via certified mail, return receipt requested.
        d.  No  voluntary  transfer of a base station license may be made if a
      judgment in favor of the city of New York or any agency thereof  or  any
      state  or  federal agency has been docketed with the clerk of any county
      within  the  city  of  New  York  against  the  licensee   and   remains
      unsatisfied,  except  that  a  transfer may be permitted if an appeal is
      pending from an unsatisfied judgment and a bond is filed  in  an  amount
      sufficient  to  satisfy  the  judgment. A transfer may also be permitted
      without filing a bond as set forth in this subdivision provided that all
      the judgment creditors of a licensee file written permission for such  a
      transfer  with the commission or that the proceeds from the transfer are
      paid into court or held in escrow on terms and  conditions  approved  by
      the  commission  which  will have the effect of protecting the rights of
      all parties who may have an interest therein.
        e. The commission may by rule establish a fee in  connection  with  an
      application  to transfer a base station license or an ownership interest
      in a base station licensee.
        f. The commission shall revoke any base station license for nonuse  in
      the event it shall find after a public hearing that the base station has
      not  been  in  operation  for sixty consecutive days, provided that such
      failure to operate shall not have been  caused  by  strike,  riot,  war,
      public  catastrophe  or  other  act  beyond the control of the licensee.
    
      Where the commission finds that a  particular  base  station  cannot  be
      operated due to an act beyond the control of the licensee, a replacement
      base  station  license  shall  be  issued  to  the  same licensee for an
      alternative  location,  provided  that  all  other requirements for such
      license are met and provided further that  the  unexpired  term  of  the
      original license is six months or more.