§ 11-05 Application for a Wholesale Business or Market Business Registration.
RCNY § 11-05
(a)An application for registration or renewal thereof must be made on a form prescribed by the Commission. The application form must be certified under penalty of perjury and signed by all principals of the applicant business. The registration application must include all of the following information: (1) the name, address, e-mail address designated for communications with the business that will be checked regularly, and telephone number(s) of the business submitting such application; (2) the names, addresses, e-mail address(es), telephone number(s) and social security numbers of all current and past principals of the applicant and a description of the positions occupied or ownership interest held by each such principal; (3) the names, job titles, social security numbers, addresses, and e-mail address of all other employees or agents of the applicant; (4) a list of vehicles used in the course of the applicant's business; (5) employment and business background information on the principals such as the principal's employment history, wholesale or market business interests, and any related business interests; (6) if the applicant is doing business under an assumed name, a Certification of Assumed Name, certified by the County Clerk if a sole proprietorship or partnership, or by the Secretary of State if a corporation; (7) if the applicant business is a sole proprietorship, a notarized copy of the business certificate certified by the County Clerk; (8) if the applicant is a corporation, a copy of the certificate of incorporation; (9) if the applicant is a partnership, a copy of partnership papers, certified by the County Clerk; (10) a listing of the names and addresses of any person having a beneficial interest in the applicant and the amount and nature of such interest; (11) a listing of any determination by a Federal, State, or City regulatory agency of a violation by such applicant of laws or regulations relating to the conduct of the applicant's business where such violation has resulted in the suspension or revocation of a permit, license, or other permission required in connection with the operation of such business or in a civil fine, penalty, settlement, or injunctive relief; (12) a listing of all criminal convictions, in any jurisdiction, of the applicant, except where such disclosure is protected by Subdivision 16 of Section 296 of Article 15 of the New York State Executive Law; (13) a Federal or State tax identification number; and (14) such other information that the Commission deems appropriate.
(b)Notwithstanding any provision of this subchapter: (1) the Commission may, when there is reasonable cause to believe that an applicant for a registration or any or all of the principals of such applicant does not possess good character, honesty, and integrity, require that such applicant or any or all of the principals of such applicant be fingerprinted by a person designated for such purpose by the Commission, pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records, and provide to the Commission the disclosure required by the form provided by the Commission. The Commission also may require such additional information, in lieu of or in addition to such fingerprinting and/or disclosure, including without limitation documents and/or an in-person interview, as the Commission determines is appropriate and reasonable to render a determination. After providing notice and an opportunity to be heard, the Commission may refuse to register such applicant for the reasons set forth in § 22-259 of the Code, or defer a decision whether to register such applicant when there is a pending indictment or criminal action or pending civil or administrative action as provided in Paragraph (ii) of Subdivision b of § 22-259 of the Code.
(2)If at any time after the registration of a wholesale business or a market business the Commission has reasonable cause to believe that any or all of the principals of such business do not possess good character, honesty, and integrity, the Commission may require that any or all of the principals be fingerprinted by a person designated for such purpose by the Commission, pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records, and provide the disclosure required by the form provided by the Commission. The Commission also may require additional information in lieu of or in addition to such fingerprinting and/or disclosure, including without limitation documents and an in-person interview, as the Commission determines is appropriate and reasonable to render a determination.
(c)If an application for the renewal of a registration is not submitted to the Commission within the time period required by the Commission, the Commission may reject the renewal application and require the applicant to file a new application for registration. If a new application is required by the Commission, the provisions pertaining to the application process as set forth in Chapter 1-B of Title 22 of the Code and this subchapter shall apply. (Amended City Record 3/6/2018, eff. 4/5/2018)
