Section 22-222. Other wholesaler registration and seafood distribution areas  


Latest version.
  • a.  It  shall be unlawful for any business entity to conduct a wholesale
      seafood business  outside  the  fulton  fish  market  distribution  area
      without  having first registered and obtained a registration number from
      the commissioner. A registration application shall be upon  a  form  and
      contain  such  information as the commissioner shall specify by rule and
      shall be signed by all the principals of such wholesaler. A registration
      number shall not be transferable. The market manager  shall  maintain  a
      list  of  all  wholesalers  who  are registered pursuant to this section
      together with the registration numbers of  such  wholesalers  and  shall
      make  such list available to suppliers, shippers and truckers and shall,
      upon request, verify to  suppliers,  shippers  and  truckers  whether  a
      wholesaler is currently registered with the commissioner.
        b.  (i)  Upon  a  finding by the commissioner that there is reasonable
      cause to believe that there exists or that there is  the  potential  for
      corrupt,  deceptive  or  unconscionable business practices in an area or
      areas within the city outside the fulton fish market  distribution  area
      where  one or more wholesale seafood businesses has been established and
      that such business  practices  will  have  an  effect  inimical  to  the
      purposes of this chapter, the commissioner shall declare such area to be
      a  seafood  distribution  area,  and  all  unloading businesses, loading
      businesses, wholesale seafood businesses and seafood delivery businesses
      which operate within such area, and the employees and/or agents of  such
      businesses,  shall  be  subject  to  all the provisions of this chapter;
      provided that when such provisions are applied to a seafood distribution
      area, the terms "fulton fish market distribution area" and "market area"
      as  contained  therein  shall  be  deemed  to   include   such   seafood
      distribution  area.  (ii)  The  commissioner shall by rule establish the
      boundaries of such seafood distribution area, based on determination  of
      the area in which activities related to the distribution of seafood take
      place,  and  may  promulgate rules for the orderly and lawful conduct of
      business in such area in accordance  with  the  provisions  of  sections
      22-205,  22-207, 22-210 and 22-212 of this chapter. (iii) No enforcement
      action shall be taken on or after the date on which the boundaries of  a
      seafood  distribution  area  have been established pursuant to paragraph
      (ii) of this subdivision against  (1)  any  business  entity  or  person
      required to be licensed and/or to possess a class A photo identification
      card  pursuant to this section unless and until one of the following has
      occurred: (aa) such business entity or person has failed  to  apply  for
      such  license or class A photo identification card by the date specified
      by the commissioner; (bb) any of the principals of such business  entity
      or  such  person has failed to submit to fingerprinting or to submit the
      background information required  pursuant  to  section  22-216  of  this
      chapter;  or  (cc)  such  license  or photo identification card has been
      denied by  the  commissioner;  (2)  against  any  wholesaler  registered
      pursuant  to  subdivision  a  of this section whose principals have been
      required by  the  commissioner  to  submit  to  the  fingerprinting  and
      disclosure  requirements  of  section  22-216 of this chapter unless and
      until one of the following has occurred  (aa)  the  principals  of  such
      wholesaler  have  failed  to  submit  to fingerprinting or to submit the
      required background information; or (bb) the  commissioner  has  revoked
      the  registration of such wholesaler; (3) against any person required to
      possess a class B photo  identification  card  unless  such  person  has
      failed  to  apply for such class B photo identification card by the date
      specified by the commissioner; or (4) against  any  person  required  to
      possess a class B photo identification card who has been required by the
      commissioner to submit to the fingerprinting and disclosure requirements
      of  section 22-216 of this chapter unless and until one of the following
    
      has occurred: (aa) such person has failed to submit to fingerprinting or
      to submit the required background information by the date  specified  by
      the  commissioner;  or  (bb) the commissioner has denied the application
      for such class B photo identification card.
        c.  Notwithstanding  the  provisions of subdivision b of this section,
      the commissioner  may  determine  that  licenses  to  conduct  unloading
      businesses  in  a  seafood distribution area may be appropriately issued
      without application of  the  provisions  set  forth  in  subdivisions  b
      through  f  of  section  22-204  of  this  chapter, and that licenses to
      conduct loading  businesses  in  a  seafood  distribution  area  may  be
      appropriately  issued without application of the provisions set forth in
      subdivisions b through h of section 22-206 of this  chapter.  Where  the
      commissioner has made such a determination, all other provisions of this
      chapter  including,  but  not limited to, the requirements for licenses,
      the issuance of licenses and suspensions  and  revocations  of  licenses
      shall  apply.  For  the  purposes  of  this  subdivision:  (i)  the term
      "applicant submitting a proposal" as such term appears in section 22-216
      of this chapter shall, in the event of such determination, be deemed  to
      mean  an  applicant  for  an unloading license or a loading license in a
      seafood distribution area; and (ii) "loader" or "loading business" shall
      mean a business entity  that  has  designated  areas  in  which  loading
      services  take  place  or  that  operates  primarily  to provide loading
      services for purchasers of fish in a  seafood  distribution  area.  Such
      term  shall  not  include  a  business  entity that only incidentally or
      occasionally provides such services to such purchasers.