Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 22. ECONOMIC AFFAIRS |
Chapter 1-A. FULTON FISH MARKET DISTRIBUTION AREA AND OTHER SEAFOOD DISTRIBUTION AREAS |
Section 22-209. Wholesaler registration and stand permits required
Latest version.
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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.