§ 59E-15 Business Requirements – Gross Revenue Sharing.
RCNY § 59
(a)Required Information. An Interior Advertising Provider must collect and transmit to the Commission on a monthly basis in a format, layout and procedure prescribed by the Commission.
(1)With respect to the Gross Revenue generated by interior advertising in For-Hire Vehicles: (A) a list of TLC Driver license numbers for drivers who used an Approved Tablet provided by such Interior Advertising Provider month; and (B) the Gross Revenue generated by each Approved Tablet provided by such Interior Advertising Provider and used by a driver in that month, including component elements such as the metrics by which Gross Revenue is calculated, measured, and recorded, and how compensation is accumulated on each Approved Tablet through those metrics, including but not limited to: (i) The amount of time an Approved Tablet was accumulating revenue.
(ii)The amount of time an Approved Tablet was broadcasting content. (C) the amount paid to the driver for that month.
(2)Timely Submission of Gross Revenue Records. An Interior Advertising Provider must submit Gross Revenue Records to the Commission by no later than the 15th day of each month, covering the preceding calendar month. For example, all September Gross Revenue records will be due on or by October 15th. The following penalties accrue with respect to each untimely submission of Gross Revenue Records. 35 RCNY § 59E-15(a)(2)Penalty: $500 for each day past the date the records are due if plead guilty before a hearing and suspension until compliance; $550 for each day past the date the records are due if found guilty following a hearing and suspension until compliance. Fine amount not to exceed $50,000.Appearance NOT REQUIRED (3) Incomplete or Inaccurate Gross Revenue Records. Each set of Gross Revenue records submitted to TLC by an Interior Advertising Provider must be complete and accurate and include all information listed in and required by paragraph (1) of this subdivision. The following penalties accrue with respect to each Approved Tablet for which all required information was not submitted. 35 RCNY § 59E-15(a)(3)Penalty: $100 per incomplete or inaccurate Gross Revenue record for the first ten incomplete or inaccurate records and suspension until compliance; $500 per each incomplete or inaccurate record thereafter and suspension until compliance. Fine amount not to exceed $10,000.Appearance NOT REQUIRED (b) Maintenance of Required Information. An Interior Advertising Provider must ensure that all required information listed above is kept and made available for inspection by Commission representatives during regular business hours. Required operational records must be maintained by the Interior Advertising Provider for a period of 18 months. 35 RCNY § 59E-15(b)Penalty: $100 if plead guilty before a hearing; $150 if found guilty following a hearing.Appearance NOT REQUIRED (c) Fee payment to Drivers. An Interior Advertising Provider must pay at least twenty-five percent (25%) of the Gross Revenue generated by the Interior Advertising System to each Driver leasing, using, or operating an Approved Tablet in a For-Hire Vehicle.
(3)An Interior Advertising Provider must compensate each Driver operating an Approved Tablet in a For-Hire Vehicle on no less than a weekly basis. Payments to a Driver and access to these funds must be provided at no cost to the Driver, no later than two weeks after the broadcasting of the Electronic Media. The Interior Advertising Provider must pay the Driver, including any sublessee Drivers, and if the Interior Advertising Provider delegates or assigns this responsibility to another party, the Interior Advertising Provider is responsible for making full payment to the Driver if any designee or assignee fails to pay the Driver as required, and the Driver reports non-payment to the Interior Advertising Provider or the agent within three years. 35 RCNY § 59E-15(c)Penalty:First Violation: $200 fineSecond Violation: $300 fineThird Violation: $500 fine.Appearance REQUIRED (Added City Record 2/4/2025, eff. 3/6/2025)
