Section 22-216. Issuance and refusal to issue licenses, registrations and class A and class B photo identification cards

a.  The  commissioner  shall  require  that  an  applicant  submitting a proposal to conduct an
  unloading business or a loading business, or seeking a temporary license
  to conduct such a business,  and  an  applicant  for  a  class  A  photo
  identification  card  shall: (i) be fingerprinted by a person designated
  for such purpose by the commissioner or the department of  investigation
  and  pay  a  fee  to  be  submitted  to the division of criminal justice
  services and/or the federal bureau of investigation for the purposes  of
  obtaining   criminal   history   records;   and   (ii)  provide  to  the
  commissioner, upon a form prescribed by the commissioner and subject  to
  such  minimum  dollar  thresholds and other reporting limitations as the
  commissioner may establish by rule those of the following items that the
  commissioner may determine are necessary and  appropriate  to  determine
  the  good character, honesty and integrity of applicants for the type of
  license, registration or photo identification card for which application
  is being made: (a) a  listing  of  the  names,  and  home  and  business
  addresses  and  telephone  numbers  of  any  person  having a beneficial
  interest in the applicant, and the amount and nature of  such  interest;
  (b)  a  listing  of  the  names,  and home and business addresses of all
  principals of the applicant; (c) a listing of the amounts in  which  the
  applicant  is  indebted,  including  mortgages on real property, and the
  names, and home and business addresses of all persons to whom each  such
  debt  is  owed; (d) a listing of the applicant's real property holdings,
  mortgages or other interests in  real  property  other  than  a  primary
  residence  and  the  names,  and  home  and  business  addresses  of all
  co-owners of such interest; (e) a listing of all loans  and  instruments
  of  indebtedness held by the applicant, other than the mortgage or other
  interest in real property specified in clause (d) of this paragraph, the
  amount of such debt, and, for each such debt, the names,  and  home  and
  business  addresses  of  such  debtors;  (f) the name and address of any
  business in which the  applicant  holds  an  equity  or  debt  interest,
  excluding  any  interest  in  publicly  traded  stocks or bonds; (g) the
  names, and home and business addresses of all persons or  entities  from
  whom  the  applicant has received gifts valued at more than one thousand
  dollars in any of the past three years, and  the  names,  and  home  and
  business addresses of all persons or entities excluding any organization
  recognized  by  the the Internal Revenue Service under section 501(c)(3)
  of the Internal Revenue Code to whom such applicant has given  gifts  of
  such value in any of the past three years; (h) a listing of all criminal
  convictions, in any jurisdiction, of the applicant; (i) a listing of all
  pending civil or criminal actions to which such applicant is a party and
  has  been served; (j) a listing of any determination by a federal, state
  or city regulatory agency of a violation by such applicant of conditions
  of his or her license or of laws, rules or regulations relating  to  the
  conduct  of  the  applicant's business; (k) a listing of any criminal or
  civil investigation by a federal, state, or local prosecutorial  agency,
  investigative  agency or regulatory agency of which the applicant has or
  should have knowledge, in the five year period preceding  submission  of
  the  application,  wherein  such  applicant has: (A) been the subject of
  such investigation, or (B) received a subpoena requiring the  production
  of documents or information in connection with such investigation; (l) a
  certification  that the applicant has paid all federal, state, and local
  income and business taxes related to the applicant's business for  which
  the  applicant is responsible for the three tax years preceding the date
  of the application or documentation that  the  applicant  is  contesting
  such  taxes  in  a  pending  judicial  or  administrative  proceeding or
  otherwise pursuant to applicable procedures of the taxing authority; and

  (m) such additional information concerning good character,  honesty  and
  integrity that the commissioner may deem appropriate and reasonable. The
  commissioner  may  require  that  applicants  pay such fees to cover the
  expenses   of   the  background  investigations  provided  for  in  this
  subdivision as are set  forth  in  the  rules  promulgated  pursuant  to
  section 22-223 of this chapter.
    b. The commissioner may, after notice and the opportunity to be heard,
  refuse  to  consider  a  licensing  proposal  from, or refuse to issue a
  license to, an  unloading  or  loading  business  or  a  class  A  photo
  identification  card  to  a  person required by subdivision a of section
  22-203 of this chapter to possess such identification card when  any  of
  the  principals  of  such  business or such person lacks good character,
  honesty and integrity or may defer the decision whether  to  issue  such
  license  or  photo identification card or to consider such proposal when
  there  is  a  pending  indictment  or  civil  or  criminal   action   or
  administrative   proceeding  as  provided  in  paragraph  (ii)  of  this
  subdivision. Such notice shall specify the reasons for such  refusal  or
  deferral.  In  making such determination, the commissioner may consider,
  but not be limited to: (i) failure by the applicant to provide  truthful
  information   in   connection  with  the  application;  (ii)  a  pending
  indictment or criminal action against such applicant for a  crime  which
  under  this  subdivision  would  provide a basis for the refusal of such
  license or photo identification card,  or  a  pending  civil  action  or
  administrative  proceeding  to which such applicant is a party and which
  relates to the fitness to conduct the business or perform the  work  for
  which the license or photo identification card is sought, in which cases
  the  commissioner  may  defer consideration of a proposal or application
  until a decision  has  been  reached  by  the  court  or  administrative
  tribunal  before which such action or proceeding is pending, unless such
  applicant demonstrates to the commissioner that such pending  action  or
  proceeding  should not be the basis for deferral of the license or photo
  identification card or consideration of the proposal;  (iii)  conviction
  of such applicant for a crime which, under article twenty-three-A of the
  correction  law,  would  provide  a basis for the denial of a license to
  conduct a business in the market area; (iv) commission of a racketeering
  activity or association with a person  who  has  been  convicted  for  a
  racketeering  activity  when  the applicant knew or should have known of
  such conviction, including but not limited to  the  offenses  listed  in
  subdivision  one  of section nineteen hundred sixty-one of the Racketeer
  Influenced and Corrupt Organizations Act (18 U.S.C. §1961 et seq) or  of
  an offense listed in subdivision one of section 460.10 of the penal law,
  as  such  statutes  may  be amended from time to time, or the equivalent
  offense under the laws of any other jurisdiction; (v)  association  with
  any  member  or associate of an organized crime group as identified by a
  federal, state or city law enforcement or investigative agency when  the
  applicant  knew or should have known of the organized crime associations
  of such person; or (vi) failure to  pay  any  tax,  fine,  penalty,  fee
  related  to  the  applicant's  business  for  which  liability  has been
  admitted by the person liable therefor, or for which judgment  has  been
  entered  by a court or administrative tribunal of competent jurisdiction
  and enforcement of such judgment has not been stayed.
    c. The factors set forth in subdivision b of this section  shall  also
  be  grounds  for the commissioner, pursuant to sections 22-209 or 22-211
  of this chapter, to refuse to register, or  to  suspend  or  revoke  the
  registration  of,  a wholesaler or a seafood deliverer; and to refuse to
  issue a photo identification card to, or to suspend or revoke the  photo
  identification  card  of, a principal, employee or agent of a wholesaler
  or seafood deliverer.

    d. The  commissioner  may  require  that  an  applicant  submitting  a
  licensing  proposal for any license required pursuant to this chapter or
  an application for registration as a  wholesaler  or  seafood  deliverer
  shall  submit such information regarding the applicant's business as the
  commissioner  shall  require  in  order  to  demonstrate  the  financial
  responsibility to  conduct  the  business  for  which  such  license  or
  registration  is  required,  and  may  refuse  to  issue  a  license  or
  registration to  any  applicant  who  has  not,  in  the  commissioner's
  determination, demonstrated such financial responsibility.
    e.  The  commissioner  may refuse to issue a license to, or consider a
  proposal from, the business of an applicant or issue  a  class  A  photo
  identification  card  to  a  person required by subdivision a of section
  22-203 of this chapter to possess such  identification  card  when  such
  applicant or such person has knowingly failed to provide the information
  and/or  documentation required by the request for licensing proposals or
  application or who has otherwise failed to demonstrate  eligibility  for
  such  license  or  photo  identification  card under this chapter or any
  rules promulgated pursuant thereto.
    f. The commissioner may refuse to issue a license to,  or  consider  a
  proposal  from,  the business entity of an applicant, or issue a class A
  photo identification card to a  person  required  by  subdivision  a  of
  section  22-203 of this chapter to possess such identification card when
  (i) the  business  entity  of  such  applicant  or  such  applicant  was
  previously  issued  a license or class A photo identification card under
  this chapter and such license  or  card  was  revoked  pursuant  to  the
  provisions of this chapter or any rules promulgated pursuant thereto; or
  (ii)  such  applicant  has  been determined to have committed any of the
  acts which would be a basis  for  the  suspension  or  revocation  of  a
  license  pursuant  to  this  chapter  or  any rules promulgated pursuant
  thereto.