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File #: Int 1608-2019    Version: * Name: Requiring the taxi and limousine commission to evaluate the character and integrity of taxicab brokers, agents, and taxicab licensees.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Transportation
On agenda: 6/13/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the taxi and limousine commission to evaluate the character and integrity of taxicab brokers, agents, and taxicab licensees
Sponsors: Ydanis A. Rodriguez, Ritchie J. Torres, Corey D. Johnson, Justin L. Brannan
Council Member Sponsors: 4
Summary: This bill would require the Taxi and Limousine Commission (TLC) to evaluate the character, honesty and integrity of taxicab brokers, agents and licensees when they submit a new license application or upon renewal of such application. TLC could deny or revoke the license of any applicant that makes misrepresentations on the application, commits fraud or otherwise violates any rules of the Commission.
Attachments: 1. Int. No. 1608, 2. Summary of Int. No. 1608, 3. June 13, 2019 - Stated Meeting Agenda with Links to Files, 4. Committee Report 6/24/19, 5. Hearing Testimony 6/24/19, 6. Hearing Transcript 6/24/19, 7. Hearing Transcript - Stated Meeting 6-13-19
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/24/2019*Ydanis A. Rodriguez Committee on Oversight and Investigations Laid Over by Committee  Action details Meeting details Not available
6/24/2019*Ydanis A. Rodriguez Committee on Oversight and Investigations Hearing Held by Committee  Action details Meeting details Not available
6/24/2019*Ydanis A. Rodriguez Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
6/24/2019*Ydanis A. Rodriguez Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
6/13/2019*Ydanis A. Rodriguez City Council Referred to Comm by Council  Action details Meeting details Not available
6/13/2019*Ydanis A. Rodriguez City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1608

 

By Council Members Rodriguez, Torres, the Speaker (Council Member Johnson) and Brannan

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the taxi and limousine commission to evaluate the character and integrity of taxicab brokers, agents, and taxicab licensees

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision d of section 19-527 of the administrative code of the city of New York is amended to read as follows:

d. Licensing application process. 1. 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. In addition to any information required by the commission, each applicant shall:

(a) Submit to fingerprinting;

(b) Provide proof of payment of any outstanding penalties, fines, or fees owed to the commission, department of finance, or state department of motor vehicles;

(c) Provide the applicant's current mailing address and electronic mail address; and

(d) An applicant that is a business entity shall also provide the following:

(1) Partnerships. If the applicant is a partnership, it must file a certified copy of the partnership certificate from the clerk of the county where the partnership's principal place of business is located.

(2) Corporations. If the applicant is a corporation, it must file with its application:

(A) A certified copy of its certificate of incorporation;

(B) A list of officers and shareholders; and

(C) A certified copy of the minutes of the meeting at which the current officers were elected.

(3) Limited Liability Companies If the applicant is a limited liability company, it must file with its application:

(A) A copy of its articles of organization;

(B) A copy of its operating agreement; and

(C) A list of the members, with the percentages owned by each.

d-1. Before issuing such a license or the renewal thereof, the commission shall investigate and assess the good character, honesty, and integrity of each applicant. The commission may refuse to issue or renew such a license upon finding that an applicant lacks good character, honesty, and integrity. As part of such assessment, the commission shall consider:

(1) Failure by such applicant to provide truthful information in connection with the application;

(2) A pending indictment or criminal action against such applicant for a crime which under section 753 of the correction law would provide a basis for the refusal of such license, or a pending civil or administrative action to which such applicant is a party and which directly relates to the fitness to conduct the business or perform the work for which such license is sought, in which cases the commission may defer consideration of an application until a decision has been reached by the court or administrative tribunal before which such action is pending;

(3) Conviction of such applicant for a crime which, considering the factors set forth in section 753 of the correction law, would provide a basis under such law for the refusal of such license;

(4) A finding of liability in a civil or administrative action that bears a direct relationship to the fitness of the applicant to conduct the business for which such license is sought;

(5) Having been a principal in a taxicab broker business where the commission would be authorized to deny a license to such predecessor business pursuant to this subdivision;

(6) Failure to pay any tax, fine, penalty, or fee related to the applicant's business for which liability has been admitted by the person liable therefor, or for which judgment has been entered by a court or administrative tribunal of competent jurisdiction; and

(7) Any other relevant information.

d-2. Taxicab broker license period and renewal process. 1. A taxicab broker license shall be valid for a period of one year upon the expiration of which such taxicab broker shall submit an application for renewal.

2. Where an applicant is seeking to renew a taxicab broker license, the commission shall reassess the character, honesty, and integrity of such applicant pursuant to the criteria set forth in subdivision d-1. In addition, the commission shall also deny or revoke the taxicab broker license where the licensee or applicant has:

(a) Made a material misstatement or misrepresentation on an application for a taxicab broker license or the renewal thereof;

(b) 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; or

(c) Violated any provision of this section or any rule or regulation of the commission.

3. Upon submission of an application for renewal of a taxicab broker license, the applicant shall also provide the following:

(a) The physical address of the location where the applicant will conduct business; and

(b) Information on the prior business or occupation of the individual applicant or, if a business entity, information on the applicant's business entity persons during the two years immediately before the date of the application. The information must specify the place or places of the business or occupation and the name or names of employers.

§ 2. Subdivision d of section 19-530 of the administrative code of the city of New York is amended to read as follows:

d.  Licensing application process 1. 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. In addition any information required by the commission, each applicant shall:

(a) Submit to fingerprinting;

(b) Provide proof of payment of any outstanding penalties, fines or fees owed to the commission, department of finance, or state department of motor vehicles;

(c) Provide the applicant's current mailing address and electronic mail address; and

(d) An applicant that is a business entity must provide the following documents:

(1) Partnerships. If the applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership's principal place of business is located.

(2) Corporations. If the applicant is a corporation, it must file with its application:

(A) A certified copy of its certificate of incorporation;

(B) A list of officers and shareholders; and

(C) A certified copy of the minutes of the meeting at which the current officers were elected.

(3) Limited Liability Companies. If the applicant is a limited liability company, it must file with its application:

(A) A copy of its articles of organization;

(B) A copy of its operating agreement; and

(C) A list of the members, with the percentages of the applicant owned by each.

d-1. Before issuing such a license or the renewal thereof, the commission shall investigate and make an assessment of the good character, honesty, and integrity of each applicant. The commission may refuse to issue or renew such a license upon finding that an applicant lacks good character, honesty, and integrity. As part of such assessment, the commission shall consider:

(1) Failure by such applicant to provide truthful information in connection with the application;

(2) A pending indictment or criminal action against such applicant for a crime which under section 753 of the correction law would provide a basis for the refusal of such license, or a pending civil or administrative action to which such applicant is a party and which directly relates to the fitness to conduct the business or perform the work for which such license is sought, in which cases the commission may defer consideration of an application until a decision has been reached by the court or administrative tribunal before which such action is pending;

(3) Conviction of such applicant for a crime which, considering the factors set forth in section 753 of the correction law, would provide a basis under such law for the refusal of such license;

(4) A finding of liability in a civil or administrative action that bears a direct relationship to the fitness of the applicant to conduct the business for which such license is sought;

(5) Having been a principal in a taxicab agent business where the commission would be authorized to deny a license to such predecessor business pursuant to this subdivision;

(6) Failure to pay any tax, fine, penalty, or fee related to the applicant's business for which liability has been admitted by the person liable therefor, or for which judgment has been entered by a court or administrative tribunal of competent jurisdiction; and

(7) Any other relevant information.

d-2. Taxicab agent license period and renewal process. 1. A taxicab agent license shall be valid for a period of one year upon the expiration of which such taxicab agent shall submit an application for renewal.

2. Where an applicant is seeking to renew a taxicab agent license, the commission shall reassess the character, honesty, and integrity of such applicant pursuant to the criteria set forth in subdivision d-1. In addition, the commission shall also deny or revoke the taxicab agent license where the licensee or applicant has:

(a) Made a material misstatement or misrepresentation on an application for a taxicab agent license or the renewal thereof;

(b) 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 agent; or

(c) Violated any provision of this section or any rule or regulation of the commission.

3. Upon submission of an application for renewal of a taxicab agent license, the applicant shall also provide the following:

(a) The physical address of the location where the applicant will conduct business; and

(b) Information on the prior business or occupation of the individual applicant or, if a business entity, information on the applicant's business entity persons during the two years immediately before the date of the application. The information must specify the place or places of the business or occupation and the name or names of employers.

§ 3. Section 19-504 of the administrative code of the city of New York is amended to read as follows:

d-1. Taxicab licensing application process 1. An application for a taxicab license 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. In addition any information required by the commission, each applicant shall:

(a) Submit to fingerprinting;

(b) Provide proof of remission of any outstanding taxes or surcharges including surcharges required to be remitted to the state pursuant to section 1281 of the tax law and article 29-C of the tax law and compliance with subdivision q of this section;

(c) Provide the applicant's current mailing address and electronic mail address; and

(d) An applicant that is a business entity must provide the following documents:

(1) Partnerships. If the applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership's principal place of business is located.

(2) Corporations. If the applicant is a corporation, it must file with its application:

(A) A certified copy of its certificate of incorporation;

(B) A list of officers and shareholders; and

(C) A certified copy of the minutes of the meeting at which the current officers were elected.

(3) Limited Liability Companies. If the applicant is a limited liability company, it must file with its application:

(A) A copy of its articles of organization;

(B) A copy of its operating agreement; and

(C) A list of the members, with the percentages of the applicant owned by each.

d-2. Before issuing such a license or the renewal thereof, the commission shall investigate and make an assessment of the good character, honesty, and integrity of each applicant. The commission may refuse to issue or renew such a license upon finding that an applicant lacks good character, honesty, and integrity. As part of such assessment, the commission shall consider:

(1) Failure by such applicant to provide truthful information in connection with the application;

(2) A pending indictment or criminal action against such applicant for a crime which under section 753 of the correction law would provide a basis for the refusal of such license, or a pending civil or administrative action to which such applicant is a party and which directly relates to the fitness to conduct the business or perform the work for which such license is sought, in which cases the commission may defer consideration of an application until a decision has been reached by the court or administrative tribunal before which such action is pending;

(3) Conviction of such applicant for a crime which, considering the factors set forth in section 753 of the correction law, would provide a basis under such law for the refusal or revocation of such license;

(4) A finding of liability in a civil or administrative action that bears a direct relationship to the fitness of the applicant to conduct the business for which such license is sought;

(5) Having been a principal in a licensed taxicab business where the commission would be authorized to deny a license to such predecessor business pursuant to this subdivision;

(6) Failure to pay any tax, fine, penalty or fee related to the applicant's business for which liability has been admitted by the person liable therefor, or for which judgment has been entered by a court or administrative tribunal of competent jurisdiction; and

(7) Any other relevant information.

d-3. Taxicab license period and renewal process. 1. A taxicab license shall be valid for a period of one year upon the expiration of which such taxicab licensee shall submit an application for renewal.

2. Where an applicant is seeking to renew a taxicab license, the commission shall reassess the character, honesty, and integrity of such applicant pursuant to the criteria set forth in subdivision d-2. In addition, the commission shall also deny or revoke the taxicab license where the licensee or applicant has:

(a) Made a material misstatement or misrepresentation on an application for a taxicab license or the renewal thereof;

(b) 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 licensee; or

(c) Violated any provision of this section or any rule or regulation of the commission.

3. Upon submission of an application for renewal of a taxicab license, the applicant shall also provide the following:

(a) The physical address of the location where the applicant will conduct business; and

(b) Information on the prior business or occupation of the individual applicant or, if a business entity, information on the applicant's business entity persons during the two years immediately before the date of the application. The information must specify the place or places of the business or occupation and the name or names of employers.

§ 4. This local law takes effect 120 days after it becomes law, except that the taxi and limousine commission may take such measures as are necessary for its implementation, including the promulgation of rules, before such date and except that this local law shall not apply to any business that was issued a license by the taxi and limousine commission on or prior to such date until the next renewal of such license.

JG

LS # 11040

6/11/19