2006 New York Code - Definitions.

 
    §  22-251 Definitions. For the purposes of this chapter, the following
  terms shall have the following meanings: a. "Applicant" shall mean, if a
  business entity submitting an application for registration,  the  entity
  and   all  the  principals  thereof;  if  an  individual  submitting  an
  application for a photo identification card, such individual.
    b. "Commissioner" shall mean the commissioner of  the  New  York  city
  department of small business services.
    c.  "Department"  shall  mean  the  New  York city department of small
  business services.
    d. "Employee" shall mean a person who works or who expects to work  in
  a market on a full-time, part-time or seasonal basis for a wholesaler or
  market  business,  but  shall  not  include  persons hired to work on an
  occasional basis.
    e. "Market business" shall mean  any  business  located  or  operating
  within  a  market  that  is  engaged  in  providing goods or services to
  wholesalers or retail purchasers in such market that are related to  the
  conduct  of  a  wholesale  business  or  the purchase of food or related
  agricultural products or horticultural products by retailers or  others,
  or  that  receives  such goods within a market for delivery, forwarding,
  transfer or further distribution outside such market. "Market  business"
  shall include, but not be limited to, the provision of security services
  within  a market, the provision of services related to the collection of
  fees for entrance into a market and parking, the supply of ice, and  the
  unloading,   loading,  transfer  or  distribution  of  food  or  related
  agricultural  products  or  horticultural  products.  The  term  "market
  business"  shall  not  include  a business located or operating within a
  market the main offices of which are located outside a market and  which
  (i)  supplies the food or related agricultural products or products sold
  by wholesalers or is engaged in the trucking or shipping thereof to  the
  market  or  (ii) supplies electrical, plumbing, construction, renovation
  or other similar services to wholesalers in the market and does not earn
  fifty  percent  or  more  of   its   income   from   such   wholesalers.
  Notwithstanding any other provision of this chapter to the contrary, the
  term  "market  business"  shall  also  mean  any  business  located  and
  operating within the fulton  fish  market  distribution  area  or  other
  seafood distribution area as defined in section 22-202 of chapter 1-A of
  this  title  that  is directly engaged in providing goods or services to
  wholesalers in such area or areas, which goods or services  are  related
  to  the  conduct  of  a  wholesale  business  or the purchase of seafood
  products by retailers or others  therein  or  that  receives  goods  for
  delivery,  forwarding,  transfer  or  further  distribution  outside the
  fulton fish market distribution area or other seafood distribution area.
  The term  "market"  shall,  for  purposes  of  the  application  of  the
  provisions  of  this  chapter which relate to "market businesses" in the
  fulton fish market distribution area or other seafood distribution area,
  mean such areas.
     f. "Officer" shall mean any person holding an elected position or any
  other position involving participation in the management or control of a
  wholesale trade association or of a labor union  or  labor  organization
  required  to  register  pursuant  to section 22-264 or section 22-265 of
  this chapter.
    g. "Principal" shall mean, of a sole proprietorship,  the  proprietor;
  of  a  corporation,  every officer, director and stockholder holding ten
  percent or more of the outstanding  shares  of  the  corporation;  of  a
  partnership,  all  the partners; if another type of business entity, the
  chief operating officer or  chief  executive  officer,  irrespective  of
  organizational  title,  and  all persons or entities having an ownership
  interest of ten percent or  more;  and  with  respect  to  all  business


  entities,  all other persons participating directly or indirectly in the
  control of such business entity. Except as  otherwise  provided  by  the
  commissioner, where a partner or stockholder holding ten percent or more
  of  the outstanding shares of a corporation is itself a partnership or a
  corporation, a "principal" shall  also  include  the  partners  of  such
  partnership  or  the  officers,  directors  and stockholders holding ten
  percent or more of the outstanding shares of  such  corporation,  as  is
  appropriate. For the purposes of this chapter (1) an individual shall be
  considered  to  hold  stock  in  a  corporation  where  such  individual
  participates in the operation of or has a beneficial  interest  in  such
  corporation and such stock is owned directly or indirectly by or for (i)
  such individual; (ii) the spouse of such individual (other than a spouse
  who  is  legally  separated  from such individual pursuant to a judicial
  decree or an agreement cognizable under the laws of the state  in  which
  such  individual  is  domiciled);  (iii) the children, grandchildren and
  parents of such individual; and (iv) a corporation in which any of  such
  individual,  the  spouse,  children,  grandchildren  or  parents of such
  individual in the aggregate own fifty percent or more in  value  of  the
  stock of such corporation; (2) a partnership shall be considered to hold
  stock   in  a  corporation  where  such  stock  is  owned,  directly  or
  indirectly, by  or  for  a  partner  in  such  partnership;  and  (3)  a
  corporation  shall  be considered to hold stock in a corporation that is
  an applicant as defined in this section  where  such  corporation  holds
  fifty  percent or more in value of the stock of a third corporation that
  holds stock in the applicant corporation.
    h. "Public wholesale market" or  "market"  shall  mean  any  building,
  structure or place owned by the city or located on property owned by the
  city or under lease to or in the possession of the city or any part of a
  street,  avenue, parkway, plaza, square or other public place designated
  as a public market by resolution of the former board of estimate of  the
  city  or  a local law enacted by the city council to be used or intended
  to be used for the wholesale buying, selling or keeping of food, flowers
  or  ornamental  plants  and  shall  continue  to  be   public   property
  notwithstanding  that  such public wholesale market is operated pursuant
  to a lease or other agreement with  a  non-governmental  entity;  except
  that  the term "public wholesale market" shall not, unless otherwise set
  forth in this chapter, include any building, structure or  place  within
  the  Fulton  fish market distribution area or other seafood distribution
  area as defined in section 22-202 of this code.  For  purposes  of  this
  chapter,  the  term "public wholesale market" shall also include an area
  identified by rule of the commissioner that is  in  the  vicinity  of  a
  designated   public   wholesale  market  where  one  or  more  wholesale
  businesses or market  businesses  operate.  For  the  purposes  of  this
  chapter,  the  "place  of  business  of  a  wholesale business or market
  business" shall mean any building, structure, stall or  other  area,  or
  any  part  thereof,  within  a  public  wholesale market that is leased,
  operated, managed or used exclusively  by  such  wholesale  business  or
  market business.
    i.  "Visitor"  shall  mean  a  person who is neither engaged in nor an
  employee of a wholesale business or market business in  the  market  who
  wishes to enter or enters a public wholesale market.
    j.  "Wholesaler"  or  "wholesale  business"  shall  mean  any business
  engaged  in  selling  food   or   related   agricultural   products   or
  horticultural products at wholesale prices for resale by a wholesaler or
  retailer  or  for  use by an institution or other similar establishment,
  whether or not such business also sells directly to the  public,  except
  that such terms as used in this chapter shall not include a "wholesaler"
  or  "wholesale  seafood  business"  as defined in section 22-202 of this


  code; provided, however, that a wholesale business to which customers do
  not regularly come to pick up purchases and that does not deal from such
  location primarily in perishable products shall not be  subject,  unless
  otherwise  provided  by  rule  of the commissioner, to the provisions of
  sections 22-252, 22-254 and 22-255 of this chapter.
    k. "Wholesale trade association" shall mean an entity, the majority of
  whose members are wholesale businesses and/or market businesses,  having
  as  a  primary purpose the promotion, management or self-regulation of a
  market or such wholesale businesses or  market  businesses  within  such
  market or the facilities utilized by such businesses, including, but not
  limited  to  a  corporation,  cooperative,  unincorporated  association,
  partnership, trust or limited liability partnership or company,  whether
  or  not such entity is organized for profit, not-for-profit, business or
  non-business purposes. The term "wholesale trade association" shall  not
  include  any  entity the majority of whose members are primarily engaged
  in retail sales outside a public wholesale market.