2006 New York Code - Loading And Unloading Services Provided By The Department.

 
    § 22-208 Loading and unloading services provided by the department. a.
  Notwithstanding  any  provisions  of  this  chapter to the contrary, the
  commissioner may  determine  that  the  public  interest  will  be  best
  protected  by the department providing loading and/or unloading services
  in the market. Such determination may also be made:  (i)  in  the  event
  that  suspensions  or  revocations  of  unloading  business  licenses or
  loading business licenses have resulted  in  an  insufficiency  of  such
  services in the market area; or
    (ii)  following  the  review  of  licensing  proposals  to  conduct an
  unloading business made pursuant to section 22-204 of this chapter or of
  licensing proposals to conduct  a  loading  business  made  pursuant  to
  section  22-206  of this chapter, based upon a finding that there are an
  insufficient  number  of  business  entities  submitting  proposals  for
  unloading  or  loading licenses, as the case may be, (1) whose principal
  or principals meet the  requirements  of  good  character,  honesty  and
  integrity set forth under this chapter or any rules promulgated pursuant
  thereto; or (2) which are able to provide unloading or loading services,
  as  the  case  may  be,  in  a  manner consistent with the safe, lawful,
  orderly and efficient operation of the market area at  rates  which  are
  fair and reasonable to customers.
    b.  Where  the  commissioner has made a determination pursuant to this
  section, the department may provide unloading or  loading  services,  as
  the case may be, within the market area. Such services shall be provided
  in  accordance  with  all  rules  governing  the conduct of unloading or
  loading services prescribed under section 22-205 and section  22-207  of
  this chapter, other than insurance and bonding requirements.
    c.  During any period in which the department provides services in the
  market area under this section, it  shall  be  unlawful  for  any  other
  person  or  business entity to provide or perform or offer to provide or
  perform the same or similar  services  in  the  market  area;  provided,
  however,  that  where  the  department does not provide all unloading or
  loading services, as the case may be, in the market area,  an  unloading
  business or a loading business that possesses a valid license to conduct
  such business may continue to operate.
    d.  At  any  time  following  the commencement of a department service
  under this section, the commissioner may solicit interest  in  order  to
  determine  whether  there  are business entities interested in providing
  unloading or loading services, as the case may be, in  the  market  area
  who  meet  the  requirements  of this chapter and can substitute for the
  services  being  provided  by  the  department.  The  commissioner   may
  thereupon  issue  a  request  for  licensing  proposals  pursuant to the
  provisions of section 22-204 or section 22-206 of this chapter and issue
  a license pursuant to such sections. Notwithstanding the  provisions  of
  this  subdivision,  the  commissioner may at any time during a period in
  which the department is providing  services  pursuant  to  this  section
  consider  an  application  for  an  unloading  business  and/or  loading
  business license from a business entity  interested  in  providing  such
  service.  This  subdivision  shall  not  apply  when  the department has
  determined, pursuant to the provisions set forth  in  subdivision  g  of
  section  22-206,  that  the  department  itself  shall  perform  loading
  services on city owned property in the market area.
    e. For  the  purposes  of  this  section,  services  provided  by  the
  department  shall  include  those services provided by a designee of the
  department, an  entity  under  contract  to  the  department,  or  by  a
  combination thereof.