§ 12-08 Information Required on a License Application.
RCNY § 12-08
(a)The application for a loading or unloading license accompanying the response to the request for licensing proposals must be signed by all principals of the applicant and certified under penalty of perjury.
(b)The application must include, but not be limited to the following information: (1) The name, address, e-mail address designated for communications with the business that will be checked regularly, website (if any), and telephone number(s) of the business submitting such application and the names, addresses, e-mail address(es), telephone number(s), and social security numbers of the principals of the applicant business.
(2)(i) If such applicant is a corporation, a copy of the certificate of incorporation and the names and addresses of all officers and directors.
(ii)If such applicant is a partnership, a copy of partnership papers, certified by the County Clerk.
(iii)If such applicant is a limited liability company, a copy of the articles of organization and the names and addresses of all members.
(iv)If the applicant is doing business under an assumed name, a Certificate of Assumed Name, certified by the County Clerk.
(3)Complete responses by the applicant business under an assumed name, a Certificate of Assumed Name, certified by the County Clerk.
(4)The names and addresses and dates of birth of all employees and/or agents of the applicant who will perform work directly or indirectly related to loading or unloading, as the case may be, whether inside or outside the market area; and completed disclosure forms, as required, pursuant to § 22-216 of the Code for each current or identified employee and/or agent who will be required to possess a Class A photo identification card.
(5)A business telephone number and a business address within the City of New York where notices may be delivered and legal process may be served, and where records required by these rules must be maintained, and the name of a person of suitable age and discretion who must be designated as agent for the service of legal process.
(6)A tax identification number.
(7)A statement of financial responsibility in the form prescribed by the Commission demonstrating the capacity to conduct the business for which the license is sought and setting forth the amounts and sources of funds used or intended to be used in the operation of the business. Proof of such financial capacity must include, at a minimum, a demonstration of the current financial ability to pay all monthly expenses relating to required equipment, insurance, personnel, and other items for a period of at least three (3) months.
(8)Proof of insurance required.
(i)Before a license is issued, an applicant must submit proof that the following insurance policies have been secured: (A) The required Workers' Compensation and Disability Benefits Coverage, or proof that the applicant is exempt from Section 57 of the Workers' Compensation Law and Subdivision 8 of Section 220 of the Disability Benefits Law. Proof of coverage can be established by submitting the following Workers' Compensation Board forms: (I) C-105.2 Application for Certificate of Workers' Compensation Insurance; (II) DB-120.1 Employer's Application for Certificate of Compliance with Disability Benefits Law; (III) S1-12 Affidavit certifying that compensation has been secured; Proof that no coverage is required can be provided by submitting the following Workers' Compensation Board form: (IV) C-105.21 Statement that applicant does not require Workers' Compensation or Disability Benefits Coverage. (B) Liability insurance against claims for injuries to persons or damage to property which may arise from or in connection with the applicant's business, pursuant to the license. The applicant may purchase such policies in conjunction with one (1) or more other licensees, provided that the following coverages are maintained: (I) Commercial general liability insurance with liability limits for unloading businesses of no less than one million dollars ($1,000,000) and for loading businesses no less than five hundred thousand dollars ($500,000) combined single limit per occurrence for bodily injury, personal, and property damage. The maximum deductible for such insurance shall be no more than twenty-five thousand dollars ($25,000). (II) Business automobile liability insurance covering every vehicle operated by the applicant in its business, whether or not owned by the applicant, and every vehicle hired by the applicant with liability limits of no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage.
(v)A certificate of insurance effecting the required coverage and signed by a person authorized by the insurer to bind coverage on its behalf must be delivered to the Commission prior to the effective date of the license. Delivery to the Commission's offices may be made in person, by first class mail, or by e-mail to [email protected].
(9)Proof of a performance bond, or other security that the Commission in its discretion so requires, in an amount, if any, determined by the Commission that will secure the City for the provision of unloading services or loading services, as the case may be, in the event of a default of a licensee as provided by § 22-204 or § 22-206 of the Code. The requirement of a performance bond, or other security that the Commission in its discretion so requires, may be imposed by the Commission at any time, including after a license has been issued.
(c)Requirements for proposals. Responses to requests for proposals must be in the form prescribed by the Commission and must contain the proposed information concerning the services to be performed and the conduct of the business described in Subdivision b of § 22-204 of the Code with respect to unloading licenses and in Subdivision b of § 22-206 of such Code with respect to loading licenses. The proposal must be signed by all the principals of the applicant and certified under penalty of perjury.
(d)Examination of records. The Commission may require an applicant to produce for inspection such business records as the Commission deems necessary to verify the truth and accuracy of information submitted, pursuant to an application for a license. (Amended City Record 3/6/2018, eff. 4/5/2018)
