§ 82-06 Licensing – Special Requirements.
RCNY § 82-06
(a)Only One Street Hail Livery License.
(1)No person or Business Entity may own or have an interest in more than one Street Hail Livery License.
(2)Exception: A Person or Business Entity may own or have an interest in up to five Street Hail Livery Licenses restricted to accessible vehicles. No Licensee whose License is restricted to accessible vehicles may own or have an interest in more than five total Street Hail Livery Licenses and each of those must be an Accessible Street Hail Livery License. A Person or Business Entity which owns or has an interest in one or more Accessible Street Hail Livery License may not also have an interest in a Street Hail Livery License that is NOT an Accessible Street Hail Livery License.
(3)No person or Business Entity that currently owns or has an interest in a Valid or suspended Street Hail Livery License may apply for another Street Hail Livery License, except as provided in paragraphs (1) and (2).
(4)For purposes of this Rule, a person or Business Entity has an interest in a Street Hail Livery License if the person or Business Entity has an ownership or financial interest, but not including an interest pledged as security, in a Street Hail Livery License, or if the person or Business Entity has a fiduciary relationship with, an ownership interest in, or is otherwise a member of any other entity, including but not limited to a corporation, partnership, joint venture or association, that owns a Street Hail Livery License.
(5)To determine if a Street Hail Livery License will be attributed to the Applicant or Licensee, the Commission will include any Street Hail Livery License held by any of the following: (i) any Business Entity Persons of the Applicant or Licensee; (ii) any Business Entity of which the Applicant or Licensee is a Business Entity Person; and (iii) any Business Entity of which a Business Entity Person of Applicant or Licensee is also a Business Entity Person. 35 RCNY § 82-06(a)Fine: RevocationAppearance REQUIRED (b) Licensing – Vehicle Requirements.
(c)Licensing – Special Requirements for Business Entities.
(i)If the Applicant is a corporation it must file the following with its Street Hail Livery License application: A. A certified copy of its certificate of incorporation and a certified copy of the filing receipt; B. A list of officers and shareholders; and C. A certified copy of the minutes of the meeting at which the current officers were elected.
(ii)No corporate or trade name will be accepted by the Commission that is similar to a name already in use by another Licensee.
(iii)All corporate officers and shareholders are subject to the same standards and criteria as individual Licensees.
(iv)The Commission will only recognize corporate officers that have been approved by the Commission; this means that the Commission will not accept transactions pertaining to the License from persons not approved as officers.
(v)It is a violation of these Rules for a corporate Licensee to appoint a new officer without the approval of the Commission.
(vi)Temporary approval contingent on final approval can be permitted in cases where an officer has resigned or died and another individual must be able to continue the regular daily operation of the Licensee corporation.
(vii)The standards and criteria for holding a Street Hail Livery License are equally applicable when the shares of a corporate Licensee are held by another Business Entity.
(d)Licensing – Special Requirements Accessible Street Hail Liveries. Any Street Hail Livery License required to be used with an Accessible Street Hail Livery may only be used with a Commission-licensed Accessible Street Hail Livery and must continue to be used with an Accessible Street Hail Livery vehicle while the license is Valid. Any such License cannot be used with a vehicle that is NOT an Accessible Street Hail Livery. 35 RCNY § 82-06(d)Fine: $1,000 and suspension until compliance; revocation may be orderedAppearance REQUIRED
