§ 78-04 Licensing – General Requirements.
RCNY § 78-04
(a)E-Hail Application Licensees. An Applicant for an E-Hail Application Provider License or its renewal may be an individual or a Business Entity.
(b)License for Each E-Hail Application. An application for a new or renewal E-Hail Application Provider License must be filed for each E-Hail Application for which Commission approval is sought. A separate E-Hail Application Provider License will be issued or renewed for each approved E-Hail Application. All License requirements of this Chapter apply to each License to be issued or renewed. An application for an E-Hail Application License must include (and the License for the E-Hail Application must include) any payment feature linked to the E-Hail Application whether or not the E-Hail Application Provider provides the feature. The E-Hail Application, combined with the feature, must meet all requirements for E-Payment.
(c)Certification. Any new or renewal application for an E-Hail Application Provider License must be filed on a form approved by the Chairperson. The Applicant must swear (or affirm) that the information in the application is true, under penalty of perjury.
(d)Proof of Identity. The individual or Business Entity Person submitting the application for an E-Hail Application Provider License must provide to the Commission proof of identity in the form of a valid photo identification issued by the United States, a state or territory of the United States, or any political subdivision of a state or territory of the United States.
(e)Age. The individual or Business Entity Person submitting an application for an E-Hail Application Provider License or its renewal must be at least 18 years of age.
(f)Fit to Hold a License. An Applicant applying for an E-Hail Application Provider License or its renewal must demonstrate that they are Fit to Hold a License.
(g)Partnership Filings. When the Applicant is a partnership, it must file with its License application a certified copy of the partnership certificate from the clerk of the county where the principal place of business is located.
(h)Corporate or LLC Filings. When the Applicant is a corporation, it must file with its License application all of the following: (1) One of the following certificates: (i) A certified copy of its certificate(s) of incorporation with a filing receipt issued by the secretary of state if the Applicant was incorporated less than one year from the date of the License application (ii) A certificate of good standing if the Applicant was incorporated more than one year from the date of the License application (iii) A copy of the certificate of incorporation, filing receipt, and authority to do business within the State of New York if the Applicant is an out-of-state corporation (2) Limited Liability Companies (LLCs). When the Applicant is a limited liability company, it must file with its application the following: (i) A copy of its articles of organization (i) Uniqueness of Name. The Commission has the right to reject the proposed name of any E-Hail Application Provider that the Commission finds to be substantially similar to any name in use by another E-Hail Application Provider Licensee.
(j)Payment of Fines and Fees.
(1)An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to (i) the Commission, (ii) NYC Department of Finance, (iii) NYC Department of Consumer Affairs, (iv) NYS DMV's Traffic Violations Bureau, and (v) any of their successor agencies.
(2)This requirement includes payment of fines and fees owed as of the date of the application by (i) any Business Entity Persons of the Applicant (ii) any Business Entity of which the Applicant is a Business Entity Person, and (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.
(k)Address. An Applicant must give the Commission the Applicant's current Mailing Address and Email Address as required by 35 RCNY § 78-14.
