§ 6-31 Issuance and Transfer of Permits.
RCNY § 6-31
(a)The Commissioner may issue permits based upon a determination, at his or her discretion, that issuance of a permit would be in the best interests of the City.
(b)A permit shall not be issued: (1) unless the applicant possesses a franchise to install, maintain and operate public pay telephones on, over and under the streets and other inalienable property of the City; (2) unless the applicant has, where required, obtained the consent of the owner or commercial lessee of a building as provided in 67 RCNY § 6-34; (3) where a public pay telephone will unreasonably interfere with the use of a street by the public or where it will unreasonably interfere with the use of the abutting property.
(c)A permit issued pursuant to this chapter may be transferred to an owner other than the owner to whom the permit was issued, provided that such transfer has the written approval of the Commissioner and provided further that the transferee is the holder of a public pay telephone franchise granted by the City, and on the condition that, as of the date of the proposed transfer, neither party is in arrears or in default of: franchise fees; fines owed for notices of violation (assessed by the Environmental Control Board after either the entry of a guilty plea or the issuance of a decision in favor of the City after a hearing); or, any fees payable to the City associated with the installation, operation or maintenance of any public pay telephone installations owned or operated by either party. However, the Commissioner may waive in writing any portion of this subsection if the Commissioner determines that there is a public safety need for the public pay telephone. (Amended City Record 7/9/2015, eff. 8/8/2015)
