Section 22-209. Wholesaler registration and stand permits required  


Latest version.
  • a. It
      shall be unlawful for any business entity to conduct a wholesale seafood
      business in the fulton fish  market  distribution  area  without  having
      first  registered  with  and  obtained  a  registration  number from the
      commissioner.  A  registration  application  shall  be  submitted  by  a
      wholesale  seafood  business  upon a form prescribed by the commissioner
      containing such information as the commissioner shall  require  by  rule
      and  shall  be  signed  by  all  the  principals  of  such wholesaler. A
      registration number shall not be transferable. A  wholesaler  shall  not
      sublease  or  assign  to another wholesaler the premises, or any portion
      thereof with respect to which a wholesaler has  registered  his  or  her
      wholesale  seafood  business, unless such proposed sublessee or assignee
      has registered with and obtained a wholesaler registration  number  from
      the commissioner. A wholesale seafood business shall, in accordance with
      rules promulgated by the commissioner pursuant to section 22-223 of this
      chapter,  inform  the  commissioner  of  any  change  in  the  ownership
      composition of such business, or of the  addition  or  deletion  of  any
      principal at any time subsequent to registration.
        b. (i) Notwithstanding any provision of this chapter, the commissioner
      may,  when  there  is reasonable cause to believe that any or all of the
      principals, employees or agents of a  wholesaler  lack  good  character,
      honesty  and  integrity,  require  that any or all of such principals be
      fingerprinted and provide to the commissioner the information set  forth
      in subdivision a of section 22-216 of this chapter. The commissioner may
      thereafter,  after  notice  and  the  opportunity to be heard, refuse to
      register such wholesaler for the reasons set forth in subdivision  b  of
      such section.
        (ii)  If  at  any time subsequent to the registration of a wholesaler,
      the commissioner has reasonable cause to believe that any or all of  the
      principals,  employees  or agents of such wholesaler do not possess good
      character, honesty and integrity, the commissioner may require that  any
      or  all  of  such principals be fingerprinted and provide the background
      information required by subdivision a of section 22-216 of this  chapter
      and  may,  after  notice  and  the opportunity for a hearing, revoke the
      registration of such wholesaler for the reasons set forth in subdivision
      b of such section.
        c. No wholesaler shall place seafood on the  street  without  a  stand
      permit  issued  by  the  commissioner  pursuant to this chapter. A stand
      permit shall not be transferable. Except where the occupancy of  a  city
      street  under  a  stand  permit is authorized under the terms of a lease
      with the city of adjacent premises, the commissioner may set a charge to
      a wholesaler for such occupancy under a stand permit calculated upon the
      square footage of the area authorized to be used in such permit.
        d. A wholesaler shall not allow any other person to place  seafood  in
      the  space  for  which  such stand permit has been issued, except that a
      wholesaler may, on a temporary basis, permit the use of  such  space  by
      another  registered  wholesaler  who  has received a shipment of seafood
      that cannot be accommodated in the  space  from  which  such  registered
      wholesaler  operates.  No  fee may be charged for such temporary use and
      any such use shall be reported as soon as is practicable to  the  market
      manager  in  accordance  with  rules  promulgated  by  the  commissioner
      pursuant to this chapter.
        e. Notwithstanding the provisions of subdivisions  c  and  d  of  this
      section,  the  holder of a stand permit may, after having first obtained
      the prior written approval of the commissioner, allow no more  than  one
      other  registered  wholesaler  at any one time to place seafood on other
      than a temporary basis in up to forty-nine  percent  of  the  space  for
      which such stand permit was issued. The holder of such permit may charge
    
      a  fee  for  the  use  of  such  space.  Such fee shall be calculated by
      multiplying the charge paid by the permit holder to the  city  for  such
      permit  by  the ratio of the amount of space being used to the amount of
      space  for  which  such  permit was issued and the ratio of the time for
      which such space will be used to the  period  of  time  for  which  such
      permit  was  issued; except that a holder of a stand permit may charge a
      fee exceeding the charge based on such calculation,  provided  that  the
      holder  of  such  permit  shall  remit  to  the  city an amount equal to
      seventy-five percent of the difference between the  actual  fee  charged
      and  the  charge  that would result from such calculation. A copy of the
      written agreement allowing the use of such space shall be filed with the
      market manager. Such agreement shall specify the amount of space and the
      period for which use of such space  is  authorized  and  the  fee  being
      charged.
        f.  A  stand  permit  shall  cease  to  be  valid upon the expiration,
      revocation or during a period of suspension of the registration  of  the
      wholesale  seafood  business to which such stand permit has been issued.
      However, where the holder  of  a  stand  permit  has,  pursuant  to  the
      provisions  of  subdivisions  d  or  e  of this section, allowed another
      registered wholesaler to use a portion  of  the  space  for  which  such
      permit was issued such other registered wholesaler shall be permitted to
      continue  to  conduct  business  in  such  space  during  such period of
      suspension.
        g. The market manager  shall  maintain  and  publish  a  list  of  all
      wholesalers  in  the  market  area  who  are  registered with the market
      manager and who possess stand permits  together  with  the  registration
      numbers  of such wholesalers and the numbers of such permits. The market
      manager shall make  such  list  available  to  suppliers,  shippers  and
      truckers  and  shall,  upon  request,  verify to suppliers, shippers and
      truckers whether such business entity is currently registered  with  the
      commissioner and/or possesses a valid stand permit.