Section 22-202. Definitions

For the purposes of this chapter, the following
  terms shall have the following meanings:
    a. "Applicant" shall mean, if a business entity submitting a  response
  to  a  request  for  licensing proposals, an application for a temporary
  license or a registration application, the entity  itself  and  all  the
  principals  thereof;  if  an  individual submitting an application for a
  photo identification card, such individual.
    b. "Business entity" shall mean a  sole  proprietorship,  partnership,
  corporation,  or  other  entity  established under law and authorized to
  conduct business within the state of New York.
    c. "Commissioner"  shall  mean  the  commissioner  of  small  business
  services.
    d.  "Department"  shall  mean  the  New  York city department of small
  business services.
    e. "Designee of the department" shall mean the department of  citywide
  administrative  services  and,  with  respect to loading services or the
  direction  of  traffic  within  the  market  area,  the  department   of
  transportation.
    f.  "Fulton fish market distribution area" or "market area" shall mean
  the area beginning at the point where the westerly street line of  water
  street  intersects  the  southerly  street  line  of maiden lane; thence
  easterly along the southerly street line of maiden lane as  extended  to
  the east river U.S. pierhead line; thence northerly along the east river
  U.S.  pierhead  line  to  the northerly street line of robert wagner sr.
  place as extended; thence westerly along the northerly  street  line  of
  robert  wagner sr. place to the prolongation of the westerly street line
  of pearl street; thence southerly along  the  westerly  street  line  of
  pearl  street  to  the  southerly  street  line of fulton street; thence
  easterly along the  southerly  street  line  of  fulton  street  to  the
  westerly  street  line  of  water  street;  thence  southerly  along the
  westerly street line of water street to the point of beginning.
    g. "Loader" shall mean an individual who performs loading services.
    h. "Loading business" shall mean  any  business  entity  that,  for  a
  payment, provides loading services.
    i.  "Loading  services"  shall mean services performed by a loader and
  provided by a loading business for a  purchaser  of  seafood,  including
  parking such purchaser's vehicle, moving such vehicle when necessary for
  traffic  control,  loading  seafood  onto such vehicle, and ensuring the
  security of such vehicle  and  the  seafood  loaded  thereon;  provided,
  however,  that  the  term shall not mean the loading of seafood onto the
  vehicle of a purchaser when such loading is performed by an employee  of
  a  wholesaler  by delivering seafood from such wholesaler to the vehicle
  of the purchaser thereof or by an employee of such purchaser.
    j. "License" shall mean an unloading business  license  or  a  loading
  business  license  issued by the commissioner authorizing the conduct of
  such business in the market area.
    k. "Market manager" shall mean a person designated by the commissioner
  to supervise operations in the market area  or  a  seafood  distribution
  area  designated  by the commissioner pursuant to section 22-222 of this
  chapter and to maintain and distribute a list of wholesalers pursuant to
  subdivision a of such section. Such supervision shall  include,  without
  limitation: implementation of rules promulgated pursuant to this chapter
  and the authority to enforce violations of any provision of this chapter
  or  the  rules  promulgated  thereunder; supervision of department staff
  employed in the market area; response  to  complaints  relating  to  the
  operation  of  businesses  in  the market area; examination of documents
  required to be maintained by a licensee or registrant pursuant  to  this
  chapter;   referrals,   where   appropriate,  to  any  law  enforcement,

  investigative or prosecutorial agency of matters  occurring  within  the
  market area; and such other functions and duties as the commissioner may
  assign consistent with the provisions of this chapter.
    I.  "Principal"  shall mean, of a sole proprietorship, the proprietor;
  of a corporation, every officer, director and  stockholder  holding  ten
  percent  or  more  of  the  outstanding  shares of the corporation; of a
  partnership, all the partners; if another type of business  entity,  the
  chief  operating  officer  or  chief  executive officer, irrespective of
  organizational title, and all persons or entities  having  an  ownership
  interest  of  ten  percent  or  more;  and  with respect to all business
  entities, all other persons participating directly or indirectly in  the
  control  of such business entity. Where a partner or stockholder holding
  ten percent or more of the outstanding shares of a corporation is itself
  a partnership or a corporation, a "principal"  shall  also  include  the
  partners of such partnership or the officers, directors and stockholders
  holding   ten  percent  or  more  of  the  outstanding  shares  of  such
  corporation, as is appropriate. For the purposes of this chapter (1)  an
  individual shall be considered to hold stock in a corporation where such
  stock  is  owned  directly  or indirectly by or for (i) such individual;
  (ii) the spouse or domestic partner of such  individual  (other  than  a
  spouse  who  is  legally  separated  from  such individual pursuant to a
  judicial decree or an agreement cognizable under the laws of  the  state
  in   which   such   individual   is   domiciled);  (iii)  the  children,
  grandchildren and parents of such  individual;  (iv)  a  partnership  in
  which  such  individual  is  a  partner in proportion to the partnership
  interest of such individual; and (v) a corporation in which any of  such
  individual,  the  spouse,  domestic  partner, children, grandchildren or
  parents of such individual in the aggregate own fifty percent or more in
  value of the stock of such  corporation;  (2)  a  partnership  shall  be
  considered  to  hold  stock  in a corporation where such stock is owned,
  directly or indirectly, by or for a partner in such partnership; and (3)
  a corporation shall be considered to hold stock in a corporation that is
  an applicant as defined in this section  where  such  corporation  holds
  fifty  percent or more in value of the stock of a third corporation that
  holds stock in the applicant corporation.
    m.  "Seafood"  shall  mean  fish,  seafood  or   consumables   derived
  therefrom.
    n.  "Seafood  delivery business" or "seafood deliverer" shall mean any
  business entity, that, for payment, delivers seafood from wholesalers in
  the market area by truck or other vehicle to  retail  establishments  or
  other wholesalers.
    o.  "Stand  permit"  shall  mean  an  occupancy  permit granted by the
  commissioner subject  to  such  conditions  as  the  commissioner  shall
  prescribe  authorizing  use  of  city  property  by a wholesaler for the
  placement of seafood in an area extending into a city street.
    p.  "Unloader"  shall  mean  an  individual  who  performs   unloading
  services.
    q.  "Unloading  business"  shall  mean any business entity that, for a
  payment, provides unloading services.
    r. "Unloading services" shall mean the unloading  of  seafood  from  a
  truck  or  other vehicle in which such seafood has been transported from
  suppliers and the  delivery  thereof  to  wholesalers  or  the  transfer
  thereof to other trucks or vehicles for transport to other locations.
    s.  "Wholesaler"  or  "wholesale  seafood  business"  shall  mean  any
  business entity which sells or offers for sale seafood for resale to the
  public, whether or not such business entity also  sells  or  offers  for
  sale  seafood directly to the public; except that "wholesaler" shall not
  include any such entity that is primarily engaged in the sale of seafood

  that has been processed and packaged by another  business  for  sale  to
  consumers in such packaged form.