§ 19-09 Multiple Waiting List Positions on Any Single List Prohibited.
RCNY § 19-09
A person may not, under any circumstances, occupy more than one waiting list position on the waiting list and no person is eligible to obtain more than one permit. Before the creation of the list through the random selection process, the Department will ensure that a mobile food vendor licensee is represented only once in the pool of licensees from which the random listing or selection to the list is made. For purposes of the waiting list only, officers, members, managers and partners who represent corporations, limited liability companies and partnerships that are current mobile food unit permit holders will not be excluded from the pool from which the randomized waiting list is to be created solely on the basis that such officer, member, manager or partner is a licensee acting on behalf of a corporation, limited liability company or partnership, provided each such individual possesses a valid mobile food vendor license in accordance with these rules. Such officers, members, managers and partners, will be deemed to be representing themselves as individuals, and not the corporation, limited liability company or partnership with which they are associated, when placed on the waiting list, and will be placed on the waiting list in their individual capacities. Where such individual is acting on behalf of a corporation, limited liability company or partnership, the name of the corporation, limited liability company or partnership will be placed on the waiting list with the name of the individual who is acting on its behalf. No partner, member or manager of a limited liability company or director, shareholder or officer of a corporation may appear on the same waiting list as the partnership, limited liability company or corporation which he or she represents and/or has an interest in unless he or she holds the waiting list position in his or her individual capacity. Should the Department receive more than one request for a waiting list position from any person, requests subsequent to the first will be deemed invalid. A person who submits more than one request for a position on the waiting list will be disqualified and denied a position on the list if such multiple requests are deemed, in the sole discretion of the Department, to adversely affect the fairness or orderly establishment of a list. Nothing in this chapter, which allows a person the right to hold a waiting list position in an individual capacity, gives such person the right to obtain a mobile food unit permit in violation of § 17-307(b), (f) and (g) of the New York City Administrative Code. (Amended City Record 10/12/2022, eff. 11/11/2022)
