2006 New York Code - Licensing Of Taxicab Brokers.



 
    § 19-527 Licensing of taxicab brokers. a. For purposes of this section
  "taxicab  broker"  means  a  person, partnership or corporation who, for
  another and whether or  not  acting  for  a  fee,  commission  or  other
  valuable  consideration, acts as an agent or intermediary in negotiating
  the purchase or sale of a taxicab or of stock of  or  in  a  corporation
  which  is an owner as defined in subdivision i of section 19-501 of this
  chapter, or in negotiating a  loan  secured  or  to  be  secured  by  an
  encumbrance upon or transfer of a medallion, vehicle license or licensed
  vehicle.  A  purchase  or  sale  under  this subdivision shall include a
  purchase or sale of or under a reserve title contract, conditional sales
  agreement or vendor lien agreement.
    b. On and after the first day of January nineteen hundred eighty-five,
  no person shall engage  in  the  business  or  occupation  of,  or  hold
  himself,  herself  or  itself  out  or act temporarily or otherwise as a
  taxicab broker without first  obtaining  a  license  therefor  from  the
  commission.  Such licenses shall be issued as of January first and shall
  expire on December thirty-first next succeeding, unless sooner suspended
  or revoked by the commission.
    c. The license fee shall be five hundred dollars  for  a  license  and
  five  hundred  dollars for each subsequent renewal thereof. If a license
  is granted for a period of six months or less the fee shall be  one-half
  of the annual fee.
    d.  Applications  for  taxicab  broker  licenses  and  for the renewal
  thereof shall be filed with the commission in such form  and  containing
  such detail as the commission shall prescribe. Each application shall be
  subscribed  by  the  applicant;  or if made by a partnership it shall be
  subscribed by a member thereof; or if made by a corporation it shall  be
  subscribed  by  an  officer  thereof.  Each application shall contain an
  affirmation by the person so subscribing that the statements therein are
  true under the penalties of perjury.
    e. Before such license is issued, an applicant shall deposit with  the
  commission, a bond in the penal sum of fifty thousand dollars containing
  one  or  more sureties to be approved by the commission. Such bond shall
  be payable to the city and shall be conditioned that the person applying
  for the license will comply with the provisions of this section and  any
  rules  or regulations of the commission; and shall pay all fines imposed
  by the commission pursuant to subdivision f hereof  and  all  judgements
  awarding  from  damages  occasioned  to  any  person  by  reason  of any
  misrepresentation, fraud or deceit, or any unlawful act or  omission  of
  such  licensee,  his or her agents or employees, while acting within the
  scope of their employment, made, committed or omitted  in  the  business
  conducted  under  such license, or caused by any other violation of this
  section in carrying on the business for which such license is granted.
    f. The commission may revoke or  suspend  a  taxicab  broker  license;
  impose  a fine not exceeding ten thousand dollars on a licensee; or deny
  an application for a taxicab broker license if after notice and  hearing
  it finds that a licensee or applicant has:
    (1)   made   a   material  misstatement  or  misrepresentation  on  an
  application for a taxicab broker license or the renewal thereof;
    (2) made a  material  misrepresentation  or  committed  a  fraudulent,
  deceitful  or  unlawful act or omission while engaged in the business or
  occupation of or holding  himself,  herself  or  itself  out  or  acting
  temporarily or otherwise as a taxicab broker;
    (3)  violated  any provision of this section or any rule or regulation
  of the commission.
    g. The commission shall establish the fee and/or commission  rates  to
  be charged by any taxicab broker.

h. Any person who violates the provisions of subdivision b of this section shall be guilty of a misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars and shall also be liable for a civil penalty of not less than one hundred dollars nor more than five hundred dollars.

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