§ 12-12 Loading Operations.
RCNY § 12-12
A loader shall comply with the conditions for conducting a loading business that are contained in the license issued to such loading business pursuant to § 22-206 and subdivision b of § 22-222 of the Code. In addition, a loading business shall be conducted subject to the provisions of this section as the market manager may direct.
(a)Loading charges and vouchers.
(1)A loading business shall post copies of the schedule of the rates set forth in the conditions of its license to be charged for the parking of vehicles and for the services performed by such loading business in appropriate areas within the market area as determined by the market manager. The market manager or the designee of the market manager may issue vouchers for sale to persons who wish to park and use loading services in the market area. Where the market manager or the designee of the market manager has issued such vouchers, persons parking and using loading services in the market area shall pay loaders for such parking and loading services only with vouchers purchased from the market manager or his or her designee.
(2)A loading business or a loader shall not charge more than the rates that are contained in the conditions of the loading license and are shown on a schedule posted pursuant to paragraph (1) of this subdivision. Where the market manager or his or her designee has issued vouchers pursuant to this subdivision, loaders shall accept payment for parking and loading services only in voucher form and shall not charge, request or accept any cash payment or other fees or gratuities in connection with loading. Where such vouchers have been issued, the market manager or his or her designee shall redeem those vouchers presented to him or her by a loading business for payment.
(b)Loading Assignments and Hours.
(c)Prohibited acts for loaders.
(3)Where the market manager or the designee of the market manager has issued vouchers pursuant to subdivision (a) of this section, a loading business or a loader shall accept payment for parking and loading services only in voucher form. A loading business or a loader shall not charge other than the fees contained in the conditions of the loading license and shown in the schedule of rates posted pursuant to subdivision (a) of this section nor shall a loading business or a loader solicit or accept gratuities from purchasers of seafood or fees other than for the services specified on such schedule.
(4)A loading business or a loader shall not attempt to force any person to park his or her vehicle in the location designated or approved by the market manager for the use of such loading business.
(5)A loading business or a loader shall not refuse to perform loading or services related to loading for any person when space is available for such person's vehicle in the location designated or approved by the market manager for the use of the loading business.
(6)A loading business or a loader shall not, by threats, intimidation or any other action, force any person to agree to use the services of such business or prevent any person from using the services of any other loading business. A loading business or a loader shall not solicit, threaten, or enter into agreement with another loader to refuse loading services to any person.
(7)A loading business or a loader shall not move or otherwise interfere with any vehicle, except that a loader may move a vehicle for the purposes of facilitating traffic flow or loading operations when the owner of such vehicle has entrusted the loader with the keys to the vehicle.
(8)A loading business or a loader shall not violate applicable federal, state or city regulations regarding the proper handling of seafood.
(9)In addition to the foregoing, the following rules also apply to principals, employees and agents of a loading business or a loader. Such persons shall not: (i) authorize another person to use the name of the loading business or loader to which a license has been issued; (ii) authorize another person to conduct a loading business or act as a loader with the license that has been issued to such loading business or loader; (iii) conduct an loading business under any name other than the name under which such business has been licensed with Commission; (iv) 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); (v) make, file or submit a false or misleading statement to the Commission or to a government agency or employee; (vi) falsify any business record; (vii) continue to employ a person who has not received a valid photo identification card in accordance with the provisions of this subchapter, or whose photo identification card has been revoked, or whose photo identification card has been suspended during the period of suspension; (viii) utilize any motor vehicle in connection with the operation of such business which is not properly registered with the New York State Department of Motor Vehicles and insured in accordance with 17 RCNY § 12-08; (ix) engage in any unfair labor practice under federal and state labor laws as applicable.
(x)refuse to answer an inquiry from the Commission or provide false or misleading information to the Commission; (xi) violate or fail to comply with any order or directive of the Commission; (xii) fail to pay federal, state and local taxes; (xiii) fail to pay any fines or civil penalties imposed by the Commission, a court, or the Environmental Control Board for violations of Chapter 1-A of Title 22 of the Code and of this subchapter.
