2006 New York Code - Registration Required For Wholesalers And Market Businesses.

 
    §  22-253 Registration required for wholesalers and market businesses.
  a. No person shall conduct a wholesale business or a market business  in
  a  public  wholesale  market  unless  such  person  has  registered such
  business with the commissioner and has obtained  a  registration  number
  for   such   business   from  the  commissioner.  Application  for  such
  registration shall be made upon a form prescribed  by  the  commissioner
  containing   such   information  as  the  commissioner  shall  determine
  appropriately identifies and demonstrates the fitness of  the  wholesale
  business  or  market  business.  A  registration  number  shall  not  be
  transferable. A person conducting  a  wholesale  business  or  a  market
  business  shall  not sublease or assign to another person any portion of
  any premises in the market occupied or utilized by such business  unless
  such  proposed  sublessee or assignee has registered with and obtained a
  registration  number  from  the  commissioner.  The  commissioner  shall
  establish by rule a procedure for the preliminary review of registration
  applications  for  businesses  not previously operating in a market that
  are considering the  purchase  of  a  wholesale  business  or  a  market
  business,  and  for the expedited completion of registration review upon
  entry into a  purchase  and  sale  agreement.  A  business  required  to
  register  pursuant  to this section shall inform the commissioner of any
  change in the ownership composition  of  the  business,  the  arrest  or
  criminal  conviction  of  any  principal  of  the business, or any other
  material change in the information  submitted  on  the  application  for
  registration within thirty calendar days thereof.
    b. (i) Notwithstanding any provision of this chapter, the commissioner
  may,  when  there  is reasonable cause to believe that any or all of the
  principals of an applicant  for  registration  lack(s)  good  character,
  honesty  and  integrity, require that such principal(s) be fingerprinted
  and provide to the commissioner the information set forth in subdivision
  a of section 22-259 of this chapter,  and  may,  after  notice  and  the
  opportunity  to  be  heard,  refuse  to  register such applicant for the
  reasons set forth in subdivision b of such section.
    (ii) If at any time subsequent to  the  registration  of  a  wholesale
  business  or  market  business, the commissioner has reasonable cause to
  believe that any or all of the principals of such wholesale business  or
  market  business  do  not possess good character, honesty and integrity,
  the commissioner may require that such principal(s) be fingerprinted and
  provide the background information required by subdivision a of  section
  22-259  of  this chapter and may, after notice and the opportunity to be
  heard, revoke the registration of  such  wholesale  business  or  market
  business for the reasons set forth in subdivision b of such section.
    (iii)  At any time subsequent to the conduct of an investigation of an
  applicant for registration or a registrant pursuant to paragraph (i)  or
  paragraph   (ii)   of   this   subdivision  that  has  produced  adverse
  information, the commissioner may require as a condition of issuance  or
  the  continuance of a registration that the wholesale business or market
  business enter into a contract with an independent auditor  approved  or
  selected  by the commissioner. Such contract, the cost of which shall be
  paid by the registrant, shall provide that the auditor  investigate  the
  activities  of the wholesale business or market business with respect to
  compliance  with  the  provisions  of  this  chapter,  other  applicable
  federal, state and local laws and such other matters as the commissioner
  shall  determine.  The  contract  shall provide further that the auditor
  report the findings of such monitoring and investigation in a manner  to
  be  prescribed  by  the  commissioner  to the commissioner on a periodic
  basis.
    (iv) A  wholesale  business  or  market  business  shall  provide  the
  commissioner  with  notice of at least ten business days of the proposed


  addition of a new principal to  such  business  and  shall  provide  the
  commissioner with such information concerning such proposed principal as
  is  set  forth  in the rules promulgated by the commissioner pursuant to
  section  22-266  of  this chapter. The commissioner may waive or shorten
  such period upon a showing  that  there  exists  a  bona  fide  business
  requirement  therefor.  Except  where the commissioner determines within
  such period, based on information available to  him  or  her,  that  the
  addition  of  such  new  principal  may  have  a  result inimical to the
  purposes of this chapter, such wholesaler or  market  business  may  add
  such new principal pending the completion of review by the commissioner.
  Such  wholesale  business  or  market  business  shall  be  afforded  an
  opportunity to demonstrate to the commissioner that the addition of such
  new principal pending completion of such review would not have a  result
  inimical   to   the  purposes  of  this  chapter.  If  the  commissioner
  determines, following completion of such  review,  that  such  principal
  lacks  good  character,  honesty  and  integrity, the registration shall
  cease to be valid if the commissioner determines that such principal has
  failed to divest his or her interest,  or  to  discontinue  his  or  her
  involvement  in  the  business of such business or both, as the case may
  be, within the time period prescribed by the commissioner.
    c. The department shall maintain and publish a list of all wholesalers
  and market businesses that are registered with the commissioner together
  with the registration numbers of such wholesalers and market businesses.
  The department shall make such list available  to  suppliers,  shippers,
  truckers  and  any  member of the public who requests it and shall, upon
  request, verify to suppliers, shippers and truckers whether  a  business
  is currently registered with the commissioner.