Section 22-255. Visitor pass  


Latest version.
  • The department or a designee of the department
      shall be authorized to issue a visitor pass as  a  requirement  for  any
      person  to enter a public wholesale market including but not limited to:
      retailers who enter the market to purchase products and their  employees
      and  temporary  employees;  and,  subject  to  the provisions of section
      22-264 of this chapter, officers and business agents of labor unions  or
      organizations  covered  by such section and officers and business agents
      of the affiliates thereof, including international unions,  pension  and
      welfare funds and others. Such pass shall be in a form prescribed by the
      commissioner, may contain a photograph of such person and shall indicate
      the reason the person is visiting the market, whether such person visits
      the market on a regular basis or, in the event that such person does not
      regularly visit the market, the date for which such pass shall be valid.
      The  commissioner  may  provide  for  the  issuance of permanent visitor
      passes to those persons who regularly visit a market, and shall  provide
      for the expeditious issuance of passes at the market entrance to persons
      wishing  to  enter  the  market  on a single or occasional basis. A pass
      shall be in possession of such person at all times when such  person  is
      in  the  market  and  shall be worn and visible in compliance with rules
      promulgated by the commissioner  pursuant  to  section  22-266  of  this
      chapter.  The  department  or,  at  the  direction  of the department, a
      designee of the department, shall be authorized to deny a  visitor  pass
      and  entry  into  a market to any person whose presence may constitute a
      threat to the orderly operation of a market or who has failed to provide
      the identifying information required by the commissioner or the designee
      of the commissioner. The provisions of this section shall not  apply  to
      any  public wholesale market to which access by the public has routinely
      been permitted without control, restriction or other regulation  for  no
      less  than  a  year  directly  preceding  the  effective  date  of  this
      provision; provided, however,  that  the  commissioner  may  apply  such
      provisions   upon   a   determination  that  an  emergency  exists  that
      necessitates the temporary restriction of access to such a  market.  For
      the  purposes of this section, a "designee of the department" shall mean
      an agency of the city or, in  the  discretion  of  the  commissioner,  a
      wholesaler  cooperative or similar organization. Nothing in this section
      shall be construed  to  permit  the  denial  of  a  visitor  pass  to  a
      representative  of  a  labor  union or labor organization solely because
      such person seeks to engage in  the  lawful  exercise  within  a  public
      wholesale  market  of  an activity protected under the provisions of the
      National Labor Relations Act, 29 U.S.C. § 141 et  seq.,  including,  but
      not  limited  to,  the  lawful  picketing  of  a  place of business of a
      wholesale business or market business in connection  with  a  legitimate
      labor  dispute,  except  as may otherwise be prohibited by law. However,
      such person shall not impede any  reasonable  measure  undertaken  by  a
      police  officer  or  authorized  employee  of the department intended to
      control vehicle and pedestrian  traffic  within  such  public  wholesale
      market  or  upon  any  street,  avenue,  parkway, plaza, square or other
      public place designated as  a  public  market.  The  commissioner  shall
      consult  with  the commissioner of labor relations prior to reaching any
      determination that an activity be a representative of a labor  union  or
      organization is not lawful under the National Labor Relations Act.