2006 New York Code - Granting And Transferring Of Licenses.

 
    §  20-374  Granting and transferring of licenses. a. Any person, firm,
  partnership,  corporation  or  association,  owning   or   operating   a
  sight-seeing  bus, or buses, or horse-drawn cab, or cabs engaging in the
  business of transporting passengers in, about, over and upon any of  the
  streets,  avenues, bridges, highways, boulevards or public places within
  the limits of the city of New York, shall be issued a license  for  each
  bus  or  cab  so  operating,  provided,  however  any such person, firm,
  partnership,  corporation  or  association   owning   or   operating   a
  sight-seeing  bus  or  buses,  shall  first  have  obtained a license or
  licenses,  as  he  or  she  shall  be  entitled  to  receive  from   the
  commissioner  of  motor  vehicles  of  the state of New York as made and
  provided by law. b. It shall be unlawful  for  a  license,  after  being
  issued  by  the  commissioner,  to  be  transferred to any person, firm,
  partnership, corporation or association for any cause whatsoever, except
  that licenses for horse-drawn cabs may be transferred with the  approval
  of  the  commissioner.  Upon  voluntary  sale  or transfer of a licensed
  horse-drawn cab by  the  holder  of  a  license  or  his  or  her  legal
  representative,  the  licensee shall immediately notify the commissioner
  of his or her intention  to  replace  such  horse-drawn  cab,  or  shall
  surrender  his or her license. If the license is surrendered, the vendee
  or transferee may make application to the commissioner for the licensing
  of the horse-drawn cab so purchased. A new license shall then be  issued
  by the commissioner in place of the license so surrendered, provided the
  applicant  has demonstrated to the satisfaction of the commissioner that
  he or she is qualified  to  assume  the  duties  and  obligations  of  a
  horse-drawn  cab  license.  c.  The  commissioner shall issue additional
  licenses only after conducting a public hearing to determine whether the
  public convenience, welfare  and  necessity  require  the  operation  of
  additional horse-drawn cabs. The public hearing shall be called upon his
  or  her  own  motion or upon written request by any applicant. Notice of
  such public hearing shall be published in the City Record  once  a  week
  for  two consecutive weeks and shall be mailed to all current licensees.
  If the commissioner shall determine that additional horse-drawn cabs are
  necessary and advisable, he or she  shall  certify  the  number  of  new
  licenses  to  be granted. Not more than one such public hearing shall be
  held during any  calendar  year  and  the  commissioner  may  refuse  to
  consider  any  request  if  it  appears that a recent public hearing has
  adequately considered the question. In making his or her  determination,
  the  commissioner  shall  consider among other things, the income of the
  driver, the income of the owner, the effect upon traffic, and the public
  demand. The new licenses which are granted shall  be  allocated  to  the
  then  existent  licensees in the ratio of the number of licenses held by
  the licensee to the total number of licenses issued and in effect. If  a
  licensee  does  not accept his or her allotted number within sixty days,
  his or her additional licenses shall be allocated  in  the  same  manner
  among  the  remaining  licensees.  If  the number of additional licenses
  authorized  is  insufficient  to  permit  such  allocation,   then   the
  distribution  among  those  licensees entitled to the smallest number of
  additional licenses shall be made so that priority  shall  be  given  to
  those who have been uninterruptedly licensed for the longest period. New
  applicants  for  such  additional licenses shall be considered only when
  the present licensees refuse to accept their allocation of  licenses  in
  the  manner provided above. The distribution of such additional licenses
  to new applicants shall be  in  the  order  of  their  filing,  provided
  however  that  each new applicant shall not be entitled to more than one
  such additional license until each new applicant who has  filed  at  the
  time  of  distribution  and  who  is otherwise eligible has received one
  license.