§ 58-08 Licensing – Causes for Denial.
RCNY § 58-08
(a)Failure to Meet Requirements. The Commission can deny an application for a License or its renewal of any Applicant who fails to meet the requirements. The Commission will inform the Applicant, in writing, of the specific reason(s) for this denial.
(b)Material Misrepresentation or Falsification. The Commission will deny an application for a License or its renewal, or can impose other sanctions, if any of the following occurs: (1) The Applicant makes a material misrepresentation in the application (2) The Applicant fails to inform the Commission of a material change in the information contained in the application (3) The Applicant attempts to conceal the identity of a party having an interest in the ownership of a Taxicab.
(c)No Longer Meets Requirements. The Commission can deny an application for a License or its renewal and can revoke or suspend any License if the Commission becomes aware of information that the Owner no longer meets the requirements for an Owner's License.
(d)Violation of the Rules. The Commission can deny an application for a License if, within the past two years, the Applicant (or any Business Entity Person of a Business Entity Applicant) has engaged in any of the following: (1) Assault of a passenger, official or member of the public in any way relating to a Taxicab (2) Any instance of bribery or unlawful gratuity toward a city employee (3) Providing the Commission with false information (4) Two or more unlawful passenger service refusals (5) Two or more incidents of overcharging, as a Driver (6) Three failures to respond to an official communication (7) Three or more vehicle safety violations for a particular Taxicab (8) Whether as an individual has or as a Business Entity Person of a Business Entity that has: (i) Ten or more outstanding unexcused failures to appear at scheduled TLC hearings, or (ii) Ten or more unsatisfied Commission fines or fines that remained unsatisfied until renewal.
(e)The Applicant's criminal history will be reviewed in a manner consistent with the NYS Corrections Law.
(f)Chronic Disregard of Public Welfare. An Applicant will not be approved to own another Medallion or to be a stockholder or an officer in another corporate Medallion Owner if he or she has evidenced a chronic disregard for the rules and regulations that impact the welfare, safety or security of the riding public.
(g)Failure to Complete Application Requirements.
(1)The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 180 days of the date the application is filed.
(2)The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.
(h)Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.
(i)Commercial Motor Vehicle Tax.
(3)An Applicant applying to renew a vehicle for which the Commercial Motor Vehicle Tax has not been paid at the time that the renewal application is submitted is deemed not to have submitted the application by the required deadline and may be subject to penalties under subdivision (c) of 35 RCNY § 58-06. (Amended City Record 6/15/2017, eff. 7/15/2017)
