Section 19-530. Licensing of agents  


Latest version.
  • a. It shall be unlawful to act as an
      agent without first obtaining a license therefor  from  the  commission.
      Such  licenses  shall  be issued for a period not to exceed one year and
      shall expire on December thirty-first  of  the  year  in  which  it  was
      issued, unless sooner suspended or revoked by the commission.
        b.  The fee for such a license or a renewal of such a license shall be
      five hundred dollars. However, if a license is granted for a  period  of
      six months or less, the fee shall be two hundred fifty dollars.
        c.  Any  person  who  violates the provisions of subdivision a of this
      section shall be guilty of a misdemeanor punishable by  a  fine  of  not
      less  than  five  hundred dollars nor more than one thousand dollars and
      shall also be liable for a civil penalty of not less than  five  hundred
      dollars  nor  more  than one thousand dollars. Such person shall also be
      subject to the provisions of subdivision f of this section.
        d. An application for a license required  by  subdivision  a  of  this
      section  and  for the renewal thereof shall be filed with the commission
      and shall be  in  such  form  as  the  commission  shall  prescribe.  An
      application  for  such  license  shall  be submitted on behalf of a sole
      proprietorship by the proprietor;  on  behalf  of  a  partnership  by  a
      general  partner  thereof;  on  behalf of a corporation by an officer or
      director thereof; or by any other type of business entity by  the  chief
      executive  officer  thereof,  irrespective  of organizational title. The
      application shall contain  a  sworn  and  notarized  statement  by  such
      individual  that  the statements therein are true under the penalties of
      perjury.
        e. Before such license is issued, an applicant shall deposit with  the
      commission  a  bond,  the amount of which shall be determined by rule of
      the commission, containing one or more sureties to be  approved  by  the
      commission.  Such  bond  shall  be  payable  to  the  city  and shall be
      conditioned on the  licensee  complying  with  the  provisions  of  this
      section and any applicable rules of the commission; payment of all civil
      penalties imposed pursuant to subdivision f of this section; and payment
      of  all  judgments or settlements arising from damages occasioned to any
      person by reason of any  misrepresentation,  fraud  or  deceit,  or  any
      unlawful  act  or  omission  of  such  licensee or an employee, officer,
      director, partner, owner of more than ten  percent  of  the  outstanding
      stock  of  the  licensee or the chief executive officer of such licensee
      while such individual is acting on behalf of such licensee, or any other
      violation of this section.
        f. The commission may deny an application for a license or renewal  of
      a  license  or,  after notice and hearing, revoke or suspend any license
      issued pursuant to this section,  and/or  impose  a  civil  penalty  not
      exceeding  ten  thousand  dollars  on  a  licensee,  if it finds that an
      applicant, a licensee, any officer, director, partner, or owner of  more
      than  ten  percent of the outstanding stock of an applicant or licensee,
      or the chief executive officer of an applicant or licensee has: (1) made
      a material misstatement or misrepresentation on an application for  such
      a   license   or   the   renewal   thereof;   or  (2)  made  a  material
      misrepresentation or omission or committed a fraudulent or unlawful  act
      while  engaged  in  the  business  or occupation of, or holding himself,
      herself or itself out as an agent. Such acts shall include  but  not  be
      limited  to:  (i)  presentation  of  a  vehicle  for  inspection  by the
      commission with a vehicle identification number other than the one under
      which such vehicle is licensed by the commission; (ii)  operation  of  a
      vehicle  with a vehicle identification number which has been removed and
      reattached, or which is other than the one under which such  vehicle  is
      licensed  by  the  commission;  (iii)  presentation of a document to the
      commission which falsely states that insurance requirements with respect
    
      to a licensed vehicle have been met; and (iv) conviction of  bribing  or
      attempting  to  bribe  any officer or employee of the commission; or (3)
      violated any provision of this section or any  applicable  rule  of  the
      commission.
        g.  Prior to the issuance of any license pursuant to this section, the
      applicant shall be fingerprinted by a person designated for such purpose
      by the chairperson and pay a fee to be submitted by the  chairperson  to
      the  state  division  of  criminal  justice services for the purposes of
      obtaining criminal history records. For purposes of securing  a  license
      pursuant  to this section, fingerprints shall be taken of the proprietor
      if the applicant is a sole proprietorship; all the general  partners  if
      the  applicant is a partnership; all the officers, directors, and owners
      of more than ten percent of the outstanding stock of the corporation  if
      the  applicant is a corporation; and if the applicant is another type of
      business  entity,  the  chief   executive   officer,   irrespective   of
      organizational title.
        h.  An  application  for  a  license  required  by this section or the
      renewal thereof may be denied where the proprietor, any general partner,
      officer, director or any owner of ten percent or more of the outstanding
      stock of the applicant or the chief executive of  the  applicant  as  is
      appropriate,   has  been  convicted  of  a  crime  which  under  article
      twenty-three-A of the correction law  would  provide  a  basis  for  the
      denial of such license or renewal.
        i.  An agent licensed pursuant to this section shall be subject to all
      applicable rules of the commission.
        j. Agents licensed pursuant to this section shall promptly respond  to
      and   comply   with  all  inquiries,  directives,  summonses  and  other
      communications from the commission or from the New York city  department
      of  investigation,  and shall make their business premises and books and
      records available upon request for inspection by employees or  designees
      of the commission.
        k.  Any  agent  acting  on  behalf of an owner who leases or otherwise
      dispatches one or more taxicabs for return at the end of a  shift  shall
      maintain business premises in a location zoned for the operation of such
      business with:
        (i)  sufficient  off-street  space at or near its business premises to
      store the lesser of 25 vehicles or the following: fifty percent  of  the
      taxicabs  leased  on  a  daily  or shift basis, plus five percent of the
      taxicabs leased for longer than one day;
        (ii) sufficient office space to conduct business,  where  all  records
      required by the commission, including trip sheets and driver records are
      kept;
        (iii) regular business hours, including the hours of 9:00 a.m. through
      5:00 p.m. on every weekday other than legal holidays; and
        (iv)  a  business  address  and  telephone  number  on  file  with the
      commission.
        l. Nothing herein shall relieve the owner of a  taxicab  medallion  of
      responsibility  for  compliance  with any applicable provision of law or
      rule. Such owner shall be fully  responsible  for  the  operation  of  a
      vehicle bearing such medallion, including compliance with all regulatory
      requirements  applicable  to such vehicle, regardless of the appointment
      by such owner of an agent licensed pursuant to this section.