Section 22-206. Loading license required

a. It shall be unlawful to conduct
  a loading business or otherwise provide loading services in  the  fulton
  fish market distribution area, or provide such services to purchasers of
  seafood  from  wholesalers  in  such  market  area, without first having
  obtained a loading business license issued by the commissioner  pursuant
  to  the provisions of this section. A loading 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 loading business
  licenses based upon the review  and  evaluation  of  responses  received
  pursuant  to  such  request.  Such request for licensing proposals shall
  solicit information regarding  the  rates  proposed  to  be  charged  to
  provide  loading services in the market area, the areas in which loading
  operations are proposed to  be  conducted,  the  labor  proposed  to  be
  utilized  in  providing  loading  services,  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
  signed by all such principals.
    c. A license issued pursuant to subdivision b of  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 loading business to any
  wholesaler in  the  market  area  or  purchaser  of  seafood  from  such
  wholesalers  or  to  an  employee  of  such wholesaler or purchaser upon
  request.
    d. A license issued  pursuant  to  this  section  shall  also  contain
  conditions  that: (i) specify the maximum rate to be charged for loading
  services;
    (ii) specify the standard and level of performance of loading services
  which shall be maintained throughout the term of the agreement to ensure
  efficient loading services in the market;
    (iii) require that the loading 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 services related to loading 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.  A  loading  business  licensed  pursuant to this chapter shall not
  charge more than the maximum rates specified  in  the  loading  business
  license,  nor may a loading business or any principal, employee or agent
  thereof request  any  other  fee  or  gratuity  for  performing  loading
  services.
    f.  No  loading  business  licensee,  shall, by contract or otherwise,
  assign or delegate to, or engage any other business  entity  to  provide
  loading  services  in  the market area, 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 section 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 loading services in the market
  area.
    (ii)  In  the  event  of  such  suspension  or revocation, or when the
  commissioner determines that additional loading  services  are  required
  because  a  licensee  has  discontinued loading operations in the market
  area or because the existing loading  business  or  businesses  are  for
  other  reasons unable to provide adequate or sufficient loading 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  previously
  issued,  issue  a  new  request for licensing proposals pursuant to this
  section or arrange for the department, a designee of the department or a
  business entity under contract to  the  department  to  provide  loading
  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  to  provide  loading  services  in  the
  market  area on a temporary basis and may also issue a temporary license
  or licenses to provide loading 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 loading operations by a
  licensee has created a shortage of loading services in the  market  area
  or  the  existing  licensed loading business or businesses are for other
  reasons unable to provide adequate or  sufficient  loading  services.  A
  temporary license issued pursuant to this subdivision shall be valid for
  a  period  not  to exceed 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  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.
    i.  Nothing  in  this  chapter  shall  be  construed  to  prevent  the
  commissioner from determining, for a reason other than those  set  forth
  in subdivision g of this section, that the department itself, a designee
  of  the  department  or an entity under contract to the department shall
  provide loading services on property owned by the  city  in  the  market
  area.  In  the  event  that  the  department  determines to provide such
  services, the provisions of subdivisions a through  g  of  this  section
  shall not apply.
    j.  Nothing  in  this  chapter  shall  be  construed  to  require  the
  department to authorize any party to use property owned by the  city  in
  the market area for the purpose of conducting a loading business.