§ 82-44 License Transfers – Generally.
RCNY § 82-44
(a)Applicability of the "License Transfers" Sections.
(1)The "License Transfers" sections of this Chapter (35 RCNY §§ 82-44 and 82-45), along with "Licensing" sections (35 RCNY §§ 82-04, 82-05 and 82-06), establish the rules for all Transfers of a Street Hail Livery License between and among private parties, either by: (i) Purchase (ii) Gift (iii) Bequest, or (iv) Operation of law.
(2)These provisions apply whether an Applicant seeks to acquire an interest directly or indirectly, and also whether an Applicant seeks to acquire full ownership, or only partial ownership, in a Street Hail Livery License. These provisions also apply to any person or Business Entity seeking to purchase an interest in a Business Entity owning a Street Hail Livery License.
(3)These provisions do not apply to the issuance or reissuance of Street Hail Livery Licenses by the Commission.
(b)Overview of Requirements to Complete and Effect Transfer. The transfer of an interest in a Street Hail Livery License will be complete and effective upon all of the following: (1) Documents. An Applicant must submit an application in the form required by the Commission and all required supporting documentation.
(4)Transferring Technology System. The application for the transfer must include the following information regarding Technology Systems on forms approved by the Chairperson.
(i)Proof of Notice to Technology System Provider. A. The transferor must provide proof that notice of the transfer has been sent to the Technology System Provider that holds the contract to provide the Technology System for the Street Hail Livery License being transferred. B. The notice must be: 1. Sent at least 30 days prior to the proposed date of the transfer (NOTE: The Technology System Provider may waive the 30 day requirement by signing the form), 2. Sent by certified mail, return receipt requested, and 3. Sent to the address specified in the contract. C. Proof of notice will be: 1. A copy of the notice, 2. A copy of the certified mail receipt, and 3. An affidavit or affirmation under penalty of perjury verifying the mailing.
(ii)Transferor's Statement of Intent. The Transferor must provide a statement of intent on forms approved by the Chairperson to: A. Cancel the contract with the Technology System Provider and return the Technology System equipment to the Technology System Provider, or B. Assign the contract to the Transferee and transfer the equipment to the Transferee, or C. Retain the Technology System equipment, if the Transferee owns the Technology System equipment.
(iii)Transferee's Statement of Intent. The Transferee must provide a statement of transferee's intent on forms approved by the Chairperson to: A. Assume the Transferor's contract with the Technology System Provider, or B. Identify the approved Technology System Provider which the Transferee intends to use to provide the Technology System.
(5)Clearance of open items. All open items against the Street Hail Livery Licensee (including any Business Entity Person if the Licensee is a Business Entity) must be cleared, including but not limited to summonses issued by the Commission, outstanding fines and penalties owed to the Commission or the Parking Violations Bureau (or their successors), and incomplete License renewal requirements.
(6)Commission Approval. No transfer is effective until the Commission approves the application, in writing.
(c)Comply with Transfer Provisions.
