2006 New York Code - Licensing Of Agents.

 
    §  19-530  Licensing  of  agents. a. It shall be unlawful to act as an
  agent without first obtaining a license therefor  from  the  commission.
  Such  licenses  shall  be issued for a period not to exceed one year and
  shall expire on December thirty-first  of  the  year  in  which  it  was
  issued, unless sooner suspended or revoked by the commission.
    b.  The fee for such a license or a renewal of such a license shall be
  five hundred dollars. However, if a license is granted for a  period  of
  six months or less, the fee shall be two hundred fifty dollars.
    c.  Any  person  who  violates the provisions of subdivision a of this
  section shall be guilty of a misdemeanor punishable by  a  fine  of  not
  less  than  five  hundred dollars nor more than one thousand dollars and
  shall also be liable for a civil penalty of not less than  five  hundred
  dollars  nor  more  than one thousand dollars. Such person shall also be
  subject to the provisions of subdivision f of this section.
    d. An application for a license required  by  subdivision  a  of  this
  section  and  for the renewal thereof shall be filed with the commission
  and shall be  in  such  form  as  the  commission  shall  prescribe.  An
  application  for  such  license  shall  be submitted on behalf of a sole
  proprietorship by the proprietor;  on  behalf  of  a  partnership  by  a
  general  partner  thereof;  on  behalf of a corporation by an officer or
  director thereof; or by any other type of business entity by  the  chief
  executive  officer  thereof,  irrespective  of organizational title. The
  application shall contain  a  sworn  and  notarized  statement  by  such
  individual  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,  the amount of which shall be determined by rule of
  the commission, containing one or more sureties to be  approved  by  the
  commission.  Such  bond  shall  be  payable  to  the  city  and shall be
  conditioned on the  licensee  complying  with  the  provisions  of  this
  section and any applicable rules of the commission; payment of all civil
  penalties imposed pursuant to subdivision f of this section; and payment
  of  all  judgments or settlements arising from damages occasioned to any
  person by reason of any  misrepresentation,  fraud  or  deceit,  or  any
  unlawful  act  or  omission  of  such  licensee or an employee, officer,
  director, partner, owner of more than ten  percent  of  the  outstanding
  stock  of  the  licensee or the chief executive officer of such licensee
  while such individual is acting on behalf of such licensee, or any other
  violation of this section.
    f. The commission may deny an application for a license or renewal  of
  a  license  or,  after notice and hearing, revoke or suspend any license
  issued pursuant to this section,  and/or  impose  a  civil  penalty  not
  exceeding  ten  thousand  dollars  on  a  licensee,  if it finds that an
  applicant, a licensee, any officer, director, partner, or owner of  more
  than  ten  percent of the outstanding stock of an applicant or licensee,
  or the chief executive officer of an applicant or licensee has: (1) made
  a material misstatement or misrepresentation on an application for  such
  a   license   or   the   renewal   thereof;   or  (2)  made  a  material
  misrepresentation or omission or committed a fraudulent or unlawful  act
  while  engaged  in  the  business  or occupation of, or holding himself,
  herself or itself out as an agent. Such acts shall include  but  not  be
  limited  to:  (i)  presentation  of  a  vehicle  for  inspection  by the
  commission with a vehicle identification number other than the one under
  which such vehicle is licensed by the commission; (ii)  operation  of  a
  vehicle  with a vehicle identification number which has been removed and
  reattached, or which is other than the one under which such  vehicle  is
  licensed  by  the  commission;  (iii)  presentation of a document to the
  commission which falsely states that insurance requirements with respect


  to a licensed vehicle have been met; and (iv) conviction of  bribing  or
  attempting  to  bribe  any officer or employee of the commission; or (3)
  violated any provision of this section or any  applicable  rule  of  the
  commission.
    g.  Prior to the issuance of any license pursuant to this section, the
  applicant shall be fingerprinted by a person designated for such purpose
  by the chairperson and pay a fee to be submitted by the  chairperson  to
  the  state  division  of  criminal  justice services for the purposes of
  obtaining criminal history records. For purposes of securing  a  license
  pursuant  to this section, fingerprints shall be taken of the proprietor
  if the applicant is a sole proprietorship; all the general  partners  if
  the  applicant is a partnership; all the officers, directors, and owners
  of more than ten percent of the outstanding stock of the corporation  if
  the  applicant is a corporation; and if the applicant is another type of
  business  entity,  the  chief   executive   officer,   irrespective   of
  organizational title.
    h.  An  application  for  a  license  required  by this section or the
  renewal thereof may be denied where the proprietor, any general partner,
  officer, director or any owner of ten percent or more of the outstanding
  stock of the applicant or the chief executive of  the  applicant  as  is
  appropriate,   has  been  convicted  of  a  crime  which  under  article
  twenty-three-A of the correction law  would  provide  a  basis  for  the
  denial of such license or renewal.
    i.  An agent licensed pursuant to this section shall be subject to all
  applicable rules of the commission.
    j. Agents licensed pursuant to this section shall promptly respond  to
  and   comply   with  all  inquiries,  directives,  summonses  and  other
  communications from the commission or from the New York city  department
  of  investigation,  and shall make their business premises and books and
  records available upon request for inspection by employees or  designees
  of the commission.
    k.  Any  agent  acting  on  behalf of an owner who leases or otherwise
  dispatches one or more taxicabs for return at the end of a  shift  shall
  maintain business premises in a location zoned for the operation of such
  business  with:  (i) sufficient off-street space at or near its business
  premises to store the lesser of 25  vehicles  or  the  following:  fifty
  percent  of  the  taxicabs  leased  on a daily or shift basis, plus five
  percent of the taxicabs leased for longer than one day; (ii)  sufficient
  office  space  to  conduct  business,  where all records required by the
  commission, including trip sheets and driver  records  are  kept;  (iii)
  regular  business  hours,  including the hours of 9:00 a.m. through 5:00
  p.m. on every weekday other than legal holidays;  and  (iv)  a  business
  address and telephone number on file with the commission.
    l.  Nothing  herein  shall relieve the owner of a taxicab medallion of
  responsibility for compliance with any applicable provision  of  law  or
  rule.  Such  owner  shall  be  fully  responsible for the operation of a
  vehicle bearing such medallion, including compliance with all regulatory
  requirements applicable to such vehicle, regardless of  the  appointment
  by such owner of an agent licensed pursuant to this section.