2006 New York Code - Issuance, Renewal, Suspension And Revocation Of Permits.

 
    §  16-131.1  Issuance,  renewal, suspension and revocation of permits.
  The  commissioner  shall  be  responsible  for  the  issuance,  renewal,
  suspension  and revocation of permits required by section 16-130 of this
  chapter. An application for such a permit shall also be presented by the
  department to the New York city trade waste  commission  for  review  by
  such  commission. The commissioner shall consider the recommendations of
  such commission in making a determination pursuant to this section.
    a. The commissioner, consistent with  article  twenty-three-A  of  the
  correction  law,  may  refuse  to  issue  or  renew a permit required by
  section 16-130 of this chapter, or may, after notice and the opportunity
  to be heard, suspend or revoke such permit when the applicant  for  such
  permit  or  such permittee has been denied a license required by section
  16-505 of this code to operate a business for the collection, removal or
  disposal of trade waste or has had such a license revoked for the reason
  that such applicant or licensee has been found to lack  good  character,
  honesty  and  integrity  by  the  trade waste commission pursuant to the
  provisions of title 16-A of this code.
    b. The commissioner, consistent with  article  twenty-three-A  of  the
  correction law, may refuse to issue to an applicant a permit required by
  section 16-130 of this chapter and may, after due notice and hearing, in
  addition  to  any  other  penalties  provided  by  law, refuse to renew,
  suspend or revoke  such  permit  upon  the  occurrence  of  any  of  the
  following conditions:
    1.  the  applicant or permittee has been convicted of a crime which in
  the judgment of the commissioner has a direct relationship to his or her
  fitness or ability to perform any of the activities for which  a  permit
  is required under section 16-130 of this chapter; or
    2.  the  applicant  or  permittee  has  been  found  by  a court or an
  administrative agency of competent jurisdiction to have violated:
    (A) any provision  of  section  16-117.1,  16-119,  16-120.1,  16-130,
  16-131, 16-131.2, 16-131.3 or 16-131.5 of this chapter; or
    (B)  any  provision of article one hundred fifty-seven of the New York
  city health code; or
    (C) any other law or rule related to the conduct, operation or use  of
  a  dump, non-putrescible solid waste transfer station, putrescible solid
  waste transfer station or fill material operation; or
    (D) any federal or state law prohibiting  unfair  trade  practices  or
  conduct  in  restraint  of competition, including but not limited to the
  Sherman Anti-Trust Act (15 U.S.C. &#1671, &#1672), the Clayton Act (15 U.S.C.  §
  18),  the Robinson Patman Act (15 U.S.C. &#16712 et seq.), the Federal Trade
  Commission Act (15 U.S.C. &#16745 et seq.), and sections 340 et seq. of  the
  general  business  law  or  an  equivalent offense under the laws of any
  other jurisdiction; or
    3. the commissioner has determined, after consideration of the results
  of an  investigation  conducted  pursuant  to  this  section,  that  the
  applicant  or  permittee has operated the business for which a permit is
  required by section 16-130 of this chapter in a manner inconsistent with
  the provisions of the federal or state  laws  prohibiting  unfair  trade
  practices   or   conduct  in  restraint  of  competition  set  forth  in
  subparagraph (D) of paragraph two of this subdivision; or
    4. the applicant or permittee has violated or failed  to  comply  with
  any  of  the  conditions for issuance of such permit as provided in this
  chapter or any of the rules promulgated hereunder.
    c. Where the commissioner or the New York city trade waste  commission
  has  reasonable  cause to believe that a permittee or an applicant for a
  permit required by section 16-130 of this code may lack good  character,
  honesty and integrity, such applicant or permittee shall, in addition to
  providing  the information required by the rules promulgated pursuant to


  paragraph two of subdivision a of section  16-131  of  this  code,  also
  comply  with the fingerprinting and disclosure requirements set forth in
  subdivision b of section 16-508 of this code and pay  the  fee  for  the
  investigation  thereof set forth in the rules of the New York city trade
  waste commission. The  commissioner  may,  after  consideration  of  the
  results  of  such  investigation,  refuse  for  the reasons set forth in
  section 16-509 of this code to issue a permit required by section 16-130
  of this chapter and, after notice  and  opportunity  to  be  heard,  may
  revoke  or  suspend any such permit upon a finding that the applicant or
  the permittee lacks good character, honesty and integrity.
    d. For the purposes of this section, "applicant" or "permittee"  shall
  mean  the  business  of  the  applicant  or  permittee and any principal
  thereof, as the term "principal" is defined in section  16-501  of  this
  code.
    e.  The  New  York  city  trade  waste commission or the department of
  investigation may, at  the  request  of  the  commissioner,  assist  the
  commissioner in any investigation conducted pursuant to this section.