Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 19. TRANSPORTATION |
Chapter 5. TRANSPORTATION OF PASSENGERS FOR HIRE BY MOTOR VEHICLES |
Section 19-518. Transfer of licenses
Latest version.
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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.