2006 New York Code - Definitions.

 
    §  17-617  Definitions.  For  purposes  of this chapter, the following
  terms shall be defined as follows:
    a. "Affiliated company" means any business entity which is the  holder
  of  a  right  to  place  or  display  advertisements  in or on a unit of
  advertising space and which has a relationship with a holder of a  right
  to  place or display advertisements in or on another unit of advertising
  space; such relationship shall be an identity of all principal owners or
  all directors; provided, however, that only entities which  are  holders
  of  a right to place or display advertisements on the same type of units
  of advertising  space  shall  be  considered  affiliated  companies  for
  purposes of this chapter.
    b.  "Authorizing  agency"  means  the  agency  or  other unit of local
  government of the city of New York which is (i) acting on behalf of  the
  city  with respect to a written agreement between the city and a private
  party which allows the placement or display of advertisements in or on a
  unit of advertising space; (ii) any agency designated by  the  mayor  as
  having  responsibility  for  a  unit  of  advertising  space that is the
  subject of a written agreement with the city which allows the  placement
  or  display of advertisements in or on such unit; or (iii) the issuer of
  a license or permit that expressly grants the right to place or  display
  advertisements  in  or on a unit of advertising space. In the event that
  there is no authorizing agency as defined by this subdivision for a unit
  of advertising space, the authorizing agency for such unit shall be  the
  agency  with  the  primary  expertise in the subject area covered by the
  written agreement with the city which allows the placement or display of
  advertisements in or on such unit.
    c. "Cigarette license" means the license issued  pursuant  to  section
  11-1303 or 20-202 of the code.
    d.  "City  of New York" or "city" means the city of New York or any of
  its agencies or other unit of local government.
    e. "Employee" means any person who provides services for  the  payment
  of  direct  or  indirect  monetary  wages  or  profit, or any person who
  volunteers his or her services without monetary compensation.
    f. "For-hire vehicle" means "for-hire vehicle" as defined  in  section
  19-502 of the code.
    g.  "For-hire  vehicle  base"  means  a  place  of business from which
  for-hire vehicles are dispatched.
    h. "Instrumentality of public  transportation"  means  buses  operated
  pursuant  to  a  franchise  or consent issued by or from the city of New
  York, ferries and ferry terminals owned or operated by the city  of  New
  York,  trams  and  their  appurtenances,  bus stop shelters and licensed
  vehicles as defined in section 19-502 of the code.
    i.  "Person"  means  any  natural  person,  partnership,  corporation,
  government agency, association or other legal entity.
    j.   "Public  health  message"  means  words,  pictures,  photographs,
  symbols, graphics or visual images  of  any  kind,  or  any  combination
  thereof, the primary purpose of which is to communicate the health risks
  of  tobacco  product  use  or  the  health benefits of not using tobacco
  products.
    k. "Retail dealer" means "retail dealer" as defined in section 11-1301
  of the code, and any employee or other agent of such retail dealer.
    l. "School premises" means the buildings, grounds  or  facilities,  or
  any portion thereof, owned or occupied by public or private institutions
  for the primary purpose of providing educational instruction to students
  at or below the twelfth grade level.
    m.  "Special  event"  means  an  event (i) for which a permit has been
  issued by the city of New York; (ii) which has a duration of  no  longer
  than  seven days; and (iii) for which an agreement has been entered into


  with the city that provides for the  placement  or  display  of  signage
  intended to discourage the use of tobacco products.
    n. "Taxicab" means "taxicab" as defined in section 19-502 of the code.
    o.  "Taxicab  fleet"  means  a  corporate  entity  organized  for  the
  ownership or operation of twenty-five or more taxicabs,  which  taxicabs
  are  dispatched  from  a  single  loca-  tion serving as both garage and
  office of record, which location has  been  approved  by  the  taxi  and
  limousine  commission  as  adequate for the storage, maintenance, repair
  and dispatch of the fleet taxicabs, and which location has a  dispatcher
  on the premises at least eighteen hours every day who is responsible for
  assigning drivers to fleet taxicabs.
    p.  "Taxicab  minifleet"  means a corporation licensed by the taxi and
  limousine commission to own and operate two or more taxicabs.
    q.  "Tobacco  advertisement"  means  words,   pictures,   photographs,
  symbols,  graphics  or  visual  images  of  any kind, or any combination
  thereof, which bear a health warning required by  federal  statute,  the
  purpose  or effect of which is to identify a brand of a tobacco product,
  a trademark of a tobacco product or a trade name associated  exclusively
  with  a  tobacco  product,  or  to  promote the use or sale of a tobacco
  product.
    r. "Tobacco product"  means  any  substance  which  contains  tobacco,
  including  but  not  limited  to  cigarettes,  cigars,  pipe tobacco and
  chewing tobacco.
    s. "Trademark" means any word, name, symbol, logo, emblem  or  device,
  or any combination thereof, used by a person to identify and distinguish
  his  or  her  goods  from  those  manufactured  or sold by others and to
  indicate the source of the goods, even if that source in unknown.
    t. "Trade name" means any name used by a person to identify his or her
  business or vocation.
    u. "Unit  of  advertising  space"  means  any  real  property,  space,
  facility  or  instrumentality  of  public transportation, or any portion
  thereof, (i) owned or operated by, or leased from or  to  the  city,  or
  which  is  located  or operates on real property owned or operated by or
  leased from or to the city,  and  which  is  the  subject  of  the  same
  contract,   lease,   rental  agreement,  franchise,  revocable  consent,
  concession or other similar written agreement with the city which allows
  the placement or display of advertisements, but not including  any  real
  property,  space  or  facility leased from the city for a term of thirty
  years or more during the entire term of the lease or any real  property,
  space  or  facility leased from or to the industrial development agency;
  or (ii) with respect to which a license or permit has been issued by the
  city that expressly grants the right to place or display advertisements,
  but not including licenses or permits issued pursuant  to  the  building
  code.
    v.  "Wholesale  dealer" means "wholesale dealer" as defined in section
  11-1301 of the code, and any employee or other agent of  such  wholesale
  dealer.