§ 2-02 Information Required on License Application.
RCNY § 2-02
An application for a license must be signed by all persons participating directly or indirectly in the control of the applicant business and by: the proprietor of an applicant if the applicant is a sole proprietorship; every officer and director and stockholder holding ten (10) percent or more of the outstanding shares of a corporation, if the applicant is a corporation; all the partners, if the applicant is a partnership; the chief operating officer or chief executive officer, irrespective of organizational title and all persons or entities having an ownership interest of ten (10) percent or more, if the applicant is any other type of business entity. The application must be sworn and certified under penalty of criminal prosecution. The application for a license must include, but not be limited to, the following information: (a) (i) the name, address, email 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; (ii) the names, addresses, email address(es), telephone number(s), and, if natural persons, the social security numbers of the principals of the applicant business and a description of the positions occupied or ownership interest held by each such principal; (iii) the names, job titles, social security numbers, email addresses, and addresses of all other employees or agents, or prospective employees or agents of the applicant, who will perform work directly or indirectly related to trade waste removal; driver's license numbers, with the class and expiration date, or other required operators' licenses, of all employees or agents who will operate vehicles in the business; (iv) if the applicant is doing business under an assumed name, a Certificate of Assumed Name, certified by the County Clerk if a sole proprietorship or partnership, or by the Secretary of State if a corporation; (v) if the applicant is a sole proprietorship, a notarized copy of the business certificate certified by the County Clerk; (vi) if the applicant is a corporation, a copy of the certificate of incorporation; and (vii) if the applicant is a partnership, a copy of partnership papers, certified by the County Clerk.
(b)Disclosure forms completed by all of the principals of the business as provided in 17 RCNY § 2-01, and disclosure forms completed by employees and agents or prospective employees or agents in the categories specified in Appendix A to this chapter.
(c)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.
(d)A Federal or State tax identification number.
(e)A listing of each vehicle that will be operated pursuant to the license, and the vehicle identification number and registration number of such vehicle and a copy of the insurance card for each such vehicle.
(f)Before a license is issued, an applicant must submit proof that the following insurance policies have been secured: (1) The required Workers' Compensation and Disability Benefits Coverage, or proof that the applicant is exempt from the Workers' Compensation Law, Section 57, 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.
(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.
(3)Liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the licensee's business pursuant to the license. The licensee may purchase such policies in connection with one (1) or more other licensees, provided that the coverages described in this subdivision are maintained.
(4)Commercial General Liability Insurance with liability limits of no less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury and property damage. The maximum deductible for such insurance shall be no more than fifty thousand dollars ($50,000). Except that a micro-hauler licensee must submit proof of a policy with liability limits of no less than one million dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage. The maximum deductible shall be no more than ten thousand dollars ($10,000).
(5)Business Automobile Liability Insurance covering every vehicle operated by the licensee in his or her business, whether or not owned by the applicant, and every vehicle hired by the licensee with liability limits of no less than two million dollars ($2,000,000) combined single limit per accident for bodily injury and property damage. Except that a micro-hauler licensee must submit proof of a policy with liability limits of no less than five hundred thousand dollars ($500,000) combined single limit per accident for bodily injury and property damage covering every zero emissions vehicle operated by the micro-hauler licensee in his or her business, whether or not owned by the applicant, and every zero emissions vehicle hired by the micro-hauler licensee.
(6)Employers' Liability Insurance in accordance with the laws of the state of New York, provided that a licensee that is not a micro-hauler licensee must maintain such insurance with limits of no less than one million five hundred thousand dollars ($1,500,000) per accident.
(7)The policy or policies of insurance required by these rules must name the Commission as Certificate Holder and additional insured, where applicable. Failure to maintain continuous insurance coverage meeting the requirements of these rules will result in revocation of the license. 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 an A.M. Best's rating of at least A-/VII, a Standard & Poor's rating of at least A, a Moody's Investors Service rating of at least A3, a Fitch Ratings rating of at least A, or a similar rating by any other nationally recognized statistical rating organization acceptable to the Commission, unless specific approval has been granted by the Mayor's Office of Operations to accept a company with a lower rating. Two (2) certificates 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. A licensee must demonstrate that he or she has secured the insurance coverage required pursuant to this section and must maintain such required insurance coverage throughout the term of the license.
(g)If applicant transports or proposes to transport medical waste, asbestos, or other hazardous materials for which a New York State Waste Transporter permit is required, a copy of such permit must be submitted with the application. (Amended City Record 3/6/2018, eff. 4/5/2018; amended City Record 10/17/2018, eff. 11/16/2018; amended City Record 7/7/2021, eff. 8/6/2021)
