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What is NYC RCNY § 1-09?

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In addition to any other prohibition contained in Chapter 1 of Title 16-A of the Code or this chapter, an applicant, a licensee, a registrant, a principal of a licensee or a registrant, or an employee required to make disclosure, pursuant to § 16-510 of the Code as listed in Appendix A of Subchapter C of this chapter m

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Effective: 4/5/2018Last amended: 4/5/2018

§ 1-09 General Prohibitions.

RCNY § 1-09

In addition to any other prohibition contained in Chapter 1 of Title 16-A of the Code or this chapter, an applicant, a licensee, a registrant, a principal of a licensee or a registrant, or an employee required to make disclosure, pursuant to § 16-510 of the Code as listed in Appendix A of Subchapter C of this chapter must not: (a) violate or fail to comply with an applicable provision of this chapter; (b) associate with a person whom such person knows or should know is a member or associate of an organized crime group (a person who has been identified by a federal, state, or local law enforcement agency as a member or associate of an organized crime group shall be presumed to be a member or associate of an organized crime group); (c) refuse to answer an inquiry from the Commission; (d) violate or fail to comply with any order or directive of the Commission; (e) fail to appear, to be examined, or to provide testimony under oath to the Commission; (f) make a false or misleading statement to the Commission; (g) make a false or misleading statement to a customer or prospective customer; (h) threaten or attempt to intimidate a customer or prospective customer; (i) retaliate against a customer or prospective customer that has made a complaint to the Commission or has exercised or attempted to exercise a right under the Code or this chapter; (j) engage in a deceptive trade practice; (k) discourage a customer or prospective customer who has a question or inquiry concerning the customer or prospective customer's rights or obligations concerning trade waste from contacting the Commission; (l) request, participate in, or comply with, a resolution, consideration, hearing, mediation, or adjudication by a trade association or any person holding a position in a trade association concerning a dispute between two (2) or more licensees or trade waste removal businesses relating to a customer, route, or stop; (m) pay any money to a trade association or any person holding a position in a trade association for any activity relating to a sale, purchase, acquisition, or loss of a customer, route, or stop; (n) falsify any business record; (o) make, file, or submit a false statement or claim to a government agency or employee; (p) violate any law concerning payments to labor unions or labor representatives; (q) give or offer any money or other benefit to an official or employee of a private business with intent to induce that official or employee to engage in an unethical or illegal business practice; (r) give or offer any money or other benefit to any public employee whose duties relate to the trade waste industry with the exception of funds that must be paid in accordance with a statute, rule, agency order, or court order; (s) solicit business from a customer for any person who, or entity that, provides goods or services related to the removal, collection, or disposal of trade waste and is not licensed by, or registered with, the Commission; (t) agree with another trade waste business to divide or allocate customers or respect an existing division or allocation of customers by geography, territory, or otherwise, except that this provision shall not apply to a covenant not to compete agreed to in connection with the sale of a licensee's business where the Commission has expressly approved such covenant; (u) discuss with, or agree upon, with another private carter the prices to be submitted on a bid for a trade waste contract; (v) fail to timely pay taxes related to a trade waste business; (w) operate a transfer station in violation of any federal, state, or local law or regulation; (x) remove, collect, or dispose of trade waste from a commercial establishment with which the applicant, licensee, or registrant does not have a contract or agreement or other permission from the Commission to remove, collect, or dispose of such commercial establishment's trade waste; or (y) attempt to or conspire to engage in any act proscribed by this section. (Amended City Record 3/6/2018, eff. 4/5/2018)

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