§ 14-09 Market Business Operations.
RCNY § 14-09
(a)(1) A market business must not transfer its registration number as part of the sale of such market business.
(2)A market business must not allow the use by any other person of the registration number or the name of the business to which such registration number has been issued. If a market business seeks to sublease or otherwise allow the use of its premises, or any portion thereof, for the operation of a market business by another person, where such sublease it permitted under the terms of the lease, the Chairperson may, upon application and payment of the required fee by the prospective sublessee, pursuant to the provisions of these rules, issue a registration number to such sublessee. Absent the issuance of such registration number, no market business may permit a sublessee to operate a market business on such premises.
(b)The name and registration number of a market business must be affixed and prominently displayed on all premises and vehicles from which such market business is conducted.
(c)Market businesses must retain copies of all invoices and other documents reflecting deliveries or payments from or to suppliers and customers. Such books and records must accurately reflect the amount of goods or services involved in each transaction, and must, along with all other records produced or received in the normal course of business, be retained for a minimum of thirty-six (36) months, and must be made available for immediate inspection and/or copying upon request by the market manager or a designee of the market manager or an employee of the Commission. Electronic copies of such books and records are acceptable.
(d)A market business must submit proof that it has obtained the required Workers' Compensation and Disability Benefits Coverage, or that it is exempt from Section 57 of the Workers' Compensation Law, and Subdivision 8 of Section 220 of the Disability Benefits Law.
(1)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; (2) Proof that no coverage is required can be provided by submitting the following Workers' Compensation Board form: (i) C-105.21 Statement that applicant does not require Workers' Compensation or Disability Benefits Coverage.
(e)Liability Insurance. A market business must procure and maintain throughout the term of the registration the following types of insurance against claims for injuries to persons or damages to property which may arise from or in connection with the market business.
(f)The policy or policies of insurance required by this rule must name the City of New York and the Commission and any other agency or entity of the City as may be required as parties insured thereunder, and must be endorsed to state that coverage must not be suspended, voided, canceled, reduced in coverage, or in limits except upon sixty (60) days prior written notice to the Commission. Failure to maintain continuous insurance coverage meeting the requirements of these rules will result in revocation or suspension of registration. Such policy or policies of insurance must be obtained from a company, or companies, duly authorized to do business in the State of New York with a Best's rating of no less than A:X unless specific approval has been granted by the Commission to accept a company with a lower rating. 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 registration. Delivery to the Commission's offices may be made in person, by first class mail or by e-mail to [email protected]. A registrant must demonstrate that the registrant has secured the insurance coverage required, pursuant to this section and must maintain such required insurance coverage throughout the term of the registration.
(g)A market business shall be jointly and severally liable for any violation of Chapter 1-B of Title 22 of the Code or of this subchapter by any of its employees or agents.
(h)Each market business must permit the Commission, or any person designated by the Commission, to enter its premises whenever in the discretion of the Commission such entry is necessary. (Amended City Record 3/6/2018, eff. 4/5/2018)
