Section 22-204. Unloading business license required

a. It shall be unlawful
  to conduct an unloading business or otherwise provide unloading services
  in the  fulton  fish  market  distribution  area  without  having  first
  obtained an unloading business license from the commissioner pursuant to
  the  provisions of this section. An unloading business license shall not
  be transferable.
    b. The commissioner shall issue a request for licensing proposals  and
  shall,  at  his  or her discretion, issue one or more unloading business
  licenses based upon the review  and  evaluation  of  responses  received
  pursuant  to  such  request.  Such  request  for proposals shall solicit
  information regarding the qualifications of  proposers,  their  proposed
  methods of unloading, the labor and equipment they propose to utilize in
  the  unloading  operation,  rates proposed to be charged to wholesalers,
  procedures proposed to be used to comply with sanitary requirements, and
  any other information relating to performance standards,  responsibility
  and  service  that  the  commissioner  deems  appropriate. A proposal in
  response to a request for licensing proposals issued  pursuant  to  this
  section  shall  be  submitted  on behalf of a business entity by all the
  principals thereof  on  a  form  bearing  the  signatures  of  all  such
  principals.
    c.  A  license  issued  pursuant to this section shall state the name,
  address and telephone number of the licensee and the names and  business
  addresses  of  all  principals  of such licensee. A copy of such license
  shall be presented by the unloading  business  to  any  wholesaler  upon
  request.
    d.  A  license  issued  pursuant  to  this  section shall also contain
  conditions that:  (i)  specify  the  maximum  rates  to  be  charged  to
  wholesalers;  (ii)  specify  the  standard  and  level of performance of
  unloading and customer service which shall be maintained throughout  the
  term  of  the  license  to  ensure the continuing efficient unloading of
  seafood in the market area; (iii) require that  the  unloading  business
  obtain  a  performance  bond or such other guarantee of performance that
  the commissioner determines is appropriate and sufficient to  cover  any
  cost  incurred by the city in providing or performing unloading services
  pursuant to section 22-208 of this chapter  due  to  revocation  of  the
  license or default in the performance of the conditions specified in the
  license  and  specify  the amount of such performance bond or guarantee;
  and (iv)  prescribe  any  other  appropriate  requirements  relating  to
  performance  standards,  customer  service, security of performance, the
  use of city property, or such other matters as  the  commissioner  deems
  appropriate and necessary to effectuate the purposes of this chapter.
    e.  An  unloading  business  licensed pursuant to this section may not
  charge more for the provision of unloading  services  than  the  maximum
  rate  set  forth  in  the  license without the written permission of the
  commissioner, nor may an unloading business or any  principal,  employee
  or  agent  thereof  request  or  accept any other fees or gratuities for
  performing unloading services.
    f. No unloading business licensee, shall, by  contract  or  otherwise,
  assign or delegate to or engage any other business entity to provide the
  unloading  services  specified in the license, whether upon an emergency
  or any other  basis,  unless  the  commissioner  has  provided  specific
  written authorization therefor.
    g.  (i)  The  commissioner  shall  be  authorized, upon due notice and
  opportunity for a  hearing,  to  suspend  or  revoke  a  license  issued
  pursuant  to this section based upon a determination that there has been
  a default in the performance of the conditions specified in such license
  or for reasons set forth in sections 22-217 or 22-218 of  this  chapter.
  The commissioner shall also be authorized to pursue other remedies for a

  default  in  the performance of the conditions specified in the license,
  including but not limited to, reimbursement for any expenses incurred by
  the department in performing or  providing  unloading  services  in  the
  market area.
    (ii)  In  the  event  of  such  suspension  or revocation, or when the
  commissioner determines that additional unloading services are  required
  because  a  licensee has discontinued unloading operations in the market
  area or the existing unloading business  or  businesses  are  for  other
  reasons  unable  to provide adequate or sufficient unloading services in
  the market area, the commissioner may, as he or she  deems  appropriate,
  issue  a new license to one or more business entities which responded to
  the most recent request for licensing proposals, issue a new request for
  licensing  proposals  pursuant  to  this  section  or  arrange  for  the
  department,  a designee of the department or an entity under contract to
  the department to provide unloading services in the market area.  A  new
  license  issued  pursuant  to a request for licensing proposals shall be
  valid for the remainder  of  the  term  of  the  original  license.  The
  commissioner  may  also  solicit  expressions  of interest from business
  entities in providing unloading services on a temporary  basis  and  may
  issue  a  temporary license or licenses to provide unloading services in
  the market area to the most qualified of such entities  in  a  situation
  where the suspension or revocation of a license or the discontinuance of
  unloading  operations  by a licensee has created a shortage of unloading
  services in the market  area  or  the  existing  unloading  business  or
  businesses   are  for  other  reasons  unable  to  provide  adequate  or
  sufficient unloading services. A temporary license  issued  pursuant  to
  this subdivision shall be valid for a period of up to one year, provided
  that  such  license shall not extend beyond the remainder of the term of
  the original license. The  fee  for  such  temporary  license  shall  be
  prorated to the term of the original license.
    h. Prior to the expiration of the term of a license issued pursuant to
  this  section,  the commissioner shall issue a new request for licensing
  proposals pursuant to subdivision b of this section. Where the  term  of
  such  license  has  been  extended  for an additional period pursuant to
  section 22-213 of this chapter, the new request for licensing  proposals
  shall be issued prior to the expiration of such period.