§ 26-14 Failure to Make Application for Permit or Complete Inspection Process, Declination of Permit.
RCNY § 26-14
(a)A person on a borough specific fresh fruits and vegetables waiting list who is notified of his or her eligibility to apply for a permit and who fails to submit a completed permit application to the Department within thirty (30) days of being notified by the Department, or who otherwise communicates to the Department his or her lack of interest in the permit offered, shall result in the forfeiture of such person's waiting list position and the permit shall be offered to the next person on that borough specific fresh fruits and vegetables waiting list.
(b)A person notified of his or her eligibility to apply for a fresh fruits and vegetables permit to vend in a borough not his or her first choice, as that choice was specified on that person's waiting list application, who applies for a permit for such borough and who presents documentation supporting his or her claim of eligibility in one of the preference categories listed in § 17-307(b)(4)(e) of the Administrative Code, if applicable, and whose mobile food unit passes the Department's required inspection pursuant to § 17-307(b)(2)(d) of the Administrative Code, shall not lose his or her waiting list positions(s) on any other borough specific fresh fruits and vegetables waiting lists of higher choice, as stated on the same waiting list application form. Such fresh fruits and vegetables permittee, however, shall forfeit his or her position(s) on existing borough specific fresh fruits and vegetables waiting lists of lesser choice as stated on his or her waiting list application form.
(c)Any person notified that their waiting list number on a selected borough specific fresh fruits and vegetables waiting list has been reached and who is eligible to apply for this permit but who declines such borough specific permit offer shall be required to forfeit all waiting list positions on any other existing fresh fruits and vegetables waiting lists.
(d)Any person who fails to submit documentation satisfactory to the Department demonstrating that such person belongs to a preference category listed in § 17-307(b)(4)(e) or whose mobile food unit does not pass the Department's required inspection, in accordance with § 17-307(b)(2)(d) of the Administrative Code, shall be required to forfeit all such person's waiting list positions on all existing borough specific fresh fruits and vegetables waiting lists.
(e)The failure of any person to timely apply for a permit offered as specified in this section, complete the Department's inspection process or a person's declination of a specific borough permit offered pursuant to this Chapter, shall not affect that person's standing on any non-fresh fruits and vegetables mobile food unit permit waiting list.
