2006 New York Code - Powers Of The Commissioner With Respect To Licensing.

 
    §  20-104 Powers of the commissioner with respect to licensing. a. The
  commissioner  shall  have  cognizance  and  control  of  the   granting,
  issuance,  transferring,  renewal,  denial,  revocation,  suspension and
  cancellation of all licenses issued under  chapter  two  and  under  all
  other  laws  conferring such powers upon him or her. The commissioner or
  the commissioner's designee shall collect all fees for all such licenses
  and permits and shall otherwise enforce the provisions of chapter two.
    b. The commissioner shall, as  he  or  she  determines  necessary  and
  appropriate, promulgate, amend and rescind regulations and rules:
    1. to carry out the powers and duties of the department;
    2.   to  prevent  and  remedy  fraud,  misrepresentation,  deceit  and
  unconscionable dealing, and to promote fair  trade  practices  by  those
  engaging in licensed activities;
    3.  to  require  adequate  disclosure  by  those  engaging in licensed
  activities of both the terms and conditions  under  which  they  perform
  licensed  activities,  adequate  disclosure  of  the  true names or true
  corporate names of licensees,  and  adequate  disclosure  of  applicable
  local, state and federal law pertinent to consumers' interests regarding
  the conduct of activities licensed under chapter two;
    4.  to  require  that  licensees  keep  such  records as he or she may
  determine are necessary or useful  for  carrying  out  the  purposes  of
  chapter two and, except as specifically set forth in chapter two, retain
  them for three years;
    5.  to  ensure  that all persons and organizations licensed under this
  title have made appropriate financial disclosure, and that the  premises
  complies with all legal requirements necessary to engage in the licensed
  activity;
    6. with respect to licensed activities, to protect the health, safety,
  convenience and welfare of the general public; and
    7.  to  ensure  that  those  engaging  in  licensed  activities do not
  discriminate against any person on the basis of age, sex,  race,  color,
  national  origin,  creed  or  religion  in  violation  of city, state or
  federal laws.
    c.  The  commissioner  shall  compile  all   regulations   and   rules
  promulgated by the department and maintain a copy thereof, available for
  public  inspection  at his or her principal office at such times as that
  office shall be open for business.  A  record  of  each  license  issued
  indicating  its  kind  and  class,  the license number, the fee received
  therefor and such other records as the commissioner may require shall be
  kept by the department.
    d. The commissioner or the commissioner's designee shall be authorized
  to conduct investigations, to issue subpoenas, to receive  evidence,  to
  hear  complaints  regarding  activities for which a license is or may be
  required, to take depositions on due notice, to  serve  interrogatories,
  to  hold  public and private hearings upon due notice, to take testimony
  and to promulgate, amend and modify procedures and  practices  governing
  such proceedings.
    e.  (1)  The  commissioner  shall  be  authorized, upon due notice and
  hearing, to suspend, revoke or cancel any license issued by him  or  her
  in  accordance  with  the  provisions  of  chapter  two and to impose or
  institute fines or civil penalties for the violation of (i) any  of  the
  provisions  of  chapter  two  of  this  title  and regulations and rules
  promulgated under chapter  two  of  this  title  and  (ii)  any  of  the
  provisions  of  any  other  law,  rule or regulation, the enforcement of
  which is within the jurisdiction of the  department  including  but  not
  limited  to  subchapter  one of chapter five of this title (the consumer
  protection  law)   subchapter   two   of   chapter   five   (the   truth
  in-pricing-law); provided that such violation is committed in the course


  of  and  is  related to the conduct of the business, trade or occupation
  which is required to be licensed pursuant to chapter two of this  title.
  Except  to  the  extent  that  dollar  limits are otherwise specifically
  provided  such  fines  or  civil penalties shall not exceed five hundred
  dollars for each violation.
    (2) The commissioner may arrange for the redress of injuries caused by
  such violations, and may  otherwise  provide  for  compliance  with  the
  provisions and purposes of chapter two of this title.
    (3)   The   commissioner  or  the  commissioner's  designee  shall  be
  authorized to suspend the license of any person pending payment of  such
  fine  or civil penalty or pending compliance with any other lawful order
  of the department.
    (4) The commissioner shall be authorized to impose  a  fine  or  civil
  penalty  or  to  suspend  a license or both for a failure to appear at a
  hearing at the department after due notice of such hearing. If a license
  has been suspended, it shall be returned  to  the  department  forthwith
  upon  receipt  of  the  order  of  suspension.  Failure to surrender the
  license shall be grounds for a fine or civil penalty  or  revocation  of
  the license.
    (5)  Any  of  the  remedies  provided  for in this section shall be in
  addition to any other remedies provided under  any  other  provision  of
  law.
    f.  The  commissioner,  upon  due notice and hearing, may require that
  persons licensed under chapter two of  this  title  who  have  committed
  repeated,  multiple or persistent violations of chapter two or any other
  law,  rule  or  regulation  the  enforcement  of  which  is  within  the
  jurisdiction  of the department, conspicuously display at their place of
  business and in advertisements a notice (of a form, content and size  to
  be  specified  by  the  commissioner), which shall describe the person's
  record of such violations; provided that, for each time such display  is
  required, the commissioner may require that such notice be displayed for
  not less than ten nor more than one hundred days.
    g. The commissioner may refuse to issue or renew any license issued in
  accordance  with  the  provisions  of  chapter two of this title and may
  suspend or revoke any such license, after due notice and opportunity  to
  be  heard,  upon  the  occurrence  of  any  one or more of the following
  conditions:
    1. Two  or  more  judgments  within  a  two-year  period  against  the
  applicant  or licensee for theft of identity as defined in section three
  hundred eighty-s of the general business law; or
    2. One criminal conviction against the applicant or licensee for  acts
  of  identity  theft  or  unlawful  possession of personal identification
  information as defined in article one hundred ninety of the  penal  law;
  or
    3.  Two  or  more criminal convictions within a two-year period of any
  employees or associates  of  the  applicant  or  licensee  for  acts  of
  identity   theft  or  unlawful  possession  of  personal  identification
  information as defined in article one hundred ninety of  the  penal  law
  that  are  committed  with  the  use  of  the  applicant's or licensee's
  equipment, data, technology, or other similar resource. It shall  be  an
  affirmative defense that a applicant or licensee did not have reasonable
  grounds to believe the proscribed acts were taking place with the use of
  the licensee's equipment, data, technology, or other similar resource or
  that  the  proscribed  acts  were  not  taking place with the use of the
  applicant's or licensee's equipment, data, technology, or other  similar
  resource.