§ 82-09 Licensing – Causes for Denial.
RCNY § 82-09
(a)Failure to Meet Requirements. The Commission can deny the application for a License or its renewal of any Applicant who fails to meet the requirements of these rules. The Commission will inform the Applicant, in writing, of the specific reason(s) for this denial.
(b)Material Misrepresentation or Falsification. The Commission will deny an application for a License or its renewal, or can impose other sanctions (such as taking action against other licenses held by the applicant), if any of the following occurs: (1) The Applicant makes a material misrepresentation in the application.
(2)The Applicant fails to inform the Commission of a material change in the information contained in the application.
(3)The Applicant attempts to conceal the identity of a party having an interest in the ownership of a Street Hail Livery.
(c)No Longer Meets Requirements. The Commission will deny an application for a License or its renewal and can revoke or suspend any License if the Commission becomes aware of information that the Licensee no longer meets the requirements for a Street Hail Livery License.
(d)Violation of the Rules. The Commission will deny an application for a License if, within the past two years, the Applicant (or any Business Entity Person of a Business Entity Applicant) has engaged in any of the following: (1) Assault of a passenger, official or member of the public in any way relating to a Street Hail Livery or other TLC-licensed Vehicle; (2) Any instance of bribery or unlawful gratuity, or attempted bribery or offer of unlawful gratuity, toward a city employee; (3) Providing the Commission with false information; (4) Two or more unlawful passenger service refusals; (5) Two or more incidents of overcharging, as a Driver; (6) Three failures to respond to an official communication from the Commission; (7) Three or more vehicle safety violations for a particular Street Hail Livery or other Commission-licensed Vehicle; (8) Operating a Street Hail Livery License designated for an Accessible Street Hail Livery with a vehicle that is not an Accessible Street Hail Livery; (9) Whether as an individual or as a Business Entity Person of a Business Entity, has: (i) Ten or more outstanding unexcused failures to appear at scheduled Commission hearings, or (ii) Ten or more unsatisfied Commission fines or fines that remained unsatisfied until renewal.
(e)Failure to Complete Application Requirements.
(1)The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 45 days of the date the application is filed.
(f)Non-Use. A Street Hail Livery License will be revoked for non-use if: (1) For 30 or more days, the Licensee fails to maintain a Base affiliation (as required by 35 RCNY § 82-12(g)).
(g)Prior Revocation.
(h)Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in denial of the application.
