§ 6-33 Term of Permit; Termination of Permit.
RCNY § 6-33
(a)Term of permit. A permit for a public pay telephone shall continue in effect, unless earlier revoked or suspended by the Commissioner pursuant to 67 RCNY § 6-37 or § 23-404 of the Administrative Code, for the term of the franchise held by the owner of such telephone except: (1) as provided in subdivision (b) of this section; or (2) [Reserved.] (3) [Reserved.] (4) [Reserved.] (5) if the Commissioner determines after grant of the permit that the permitted public pay telephone was located or installed in violation of any applicable provision of Subchapter D of this chapter.
(6)Provided however that permits issued to an owner prior to the expiration of a franchise may be transferred or reallocated after such expiration to another owner whose franchise has not been terminated.
(b)Termination of permit.
(1)The Commissioner may terminate a permit and require the removal of a public pay phone upon a determination that (i) the public pay telephone unreasonably interferes with or, as a result of changed conditions, will unreasonably interfere with the use of a street by the public or constitutes a public nuisance; or (ii) that removal of the public pay telephone is required in connection with a street widening or other capital project.
(2)The Commissioner shall notify the permittee of his or her intention to terminate the permit and the reason for such proposed action. No later than five business days following such notification, the permittee may submit a letter to the Commissioner setting forth any reasons why such permit should not be terminated and such telephone removed. The Commissioner shall review the reasons set forth in such letter and shall determine whether to terminate the permit and require the removal of the telephone. The Commissioner shall notify the permittee of his or her final determination and the reasons therefor and shall, where applicable, specify in such notice the date by which the telephone shall be removed. In the event that the permittee fails to remove the public pay telephone by the date specified by the Commissioner, the Commissioner may remove or cause the removal of the public pay telephones and have repair and restoration work performed at the expense of the permittee, who shall be liable in a civil action for the amount expended by the City.
(3)(i) In the event that a public pay telephone is removed in connection with a street widening or capital project as provided in subparagraph (b)(1)(ii) or at the request of the Commissioner, the permittee may apply to the Commissioner for permission to reinstall the public pay telephone at another location (provided however that such installation shall be compliant with 67 RCNY § 6-41, unless such compliance is waived in writing by the Commissioner) or, following the completion of such street widening or capital project, at or near its original location. A fee will not be required.
(ii)Where such permission is granted, the permittee shall not be required to obtain a new permit for the public pay telephone and the permit previously issued for such public pay telephone shall continue in effect. In the event that the permittee elects not to install such public pay telephone at another location, the fee for such a permit shall be kept in reserve and may be applied to the next permit requested by the permittee.
(iii)If such public pay telephone is reinstalled at another location the permittee may apply to the Commissioner for a new permit to install another public pay telephone following the completion of such street widening or capital improvement at the same address as the original public pay telephone previously removed in connection therewith. The Commissioner, acting at his or her discretion, may award or deny such application based upon a determination that such action is in the best interests of the City. (Amended City Record 7/9/2015, eff. 8/8/2015)
