§ 20-541 License.
AC § 20-541
a. It shall be unlawful for any car wash to operate without a license. b. All licenses issued pursuant to this subchapter shall be valid for two years. c. Each applicant applying for a car wash license or renewal thereof shall file an application in such form and detail as the commissioner shall prescribe and shall pay a fee of five hundred fifty dollars for each location where such applicant's car wash operates. d. In addition to an applicant's name, address, corporate structure and ownership, and other information as the commissioner may require, an applicant for a license required by this subchapter shall furnish the following information: 1. A signed statement certifying compliance with all applicable laws, regulations and rules including: i. that the applicant is in compliance with the New York city plumbing code section PC 1003 and any rules promulgated by the commissioner of buildings or the commissioner of environmental protection, regarding the applicant's oil/water separator system, sand interceptor, and/or backflow prevention devices, if any such equipment or devices are required for the operation of such car wash; ii. that the applicant is in compliance with section 24-334 of this code; iii. that the applicant has received any necessary permits from the department of health and mental hygiene to use non-potable ground water; and iv. that the applicant has complied with subdivision b of section 24-529 of this code; 2. Written proof of compliance with the surety bond requirement as described in section 20-542 of this subchapter; 3. Signed certification by the applicant that there are no outstanding final judgments or warrants against the applicant in any action arising out of a violation of this subchapter or any rules promulgated thereunder; 4. Certificates of insurance for workers' compensation, unemployment insurance and disability insurance coverage; and 5. Original or true copies of liability insurance policies or certificates of insurance for liability insurance carried by the applicant. e. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or chapter one of this title or any rules promulgated thereunder, the commissioner may deny issuance or renewal of a license upon a finding that: 1. the applicant has failed to satisfy any fine or civil penalty ordered against such applicant in a judicial or administrative proceeding arising out of a violation of this subchapter or any rules promulgated thereunder; 2. an entity to which the applicant is a successor, as such term is described in section 20-543 of this subchapter, has failed to satisfy any fine or civil penalty ordered against such entity in a judicial or administrative proceeding arising out of a violation of this subchapter or any rules promulgated thereunder; or 3. the applicant lacks good moral character. In making such determination, the commissioner may consider, but is not limited to, any of the following factors: i. failure by such applicant to provide truthful information or documentation in connection with the application or other request for information; ii. final determinations of liability in a civil, criminal or administrative action involving egregious or repeated nonpayment or underpayment of wages or other illegal acts or omissions bearing a direct relationship to the fitness of the applicant to conduct the business for which the license is sought; except that the commissioner shall take into account mitigating factors including (A) the passage of time since such findings of liability or other illegal acts or omissions at issue, (B) the severity of such findings of liability or other illegal acts or omissions, (C) whether any such findings or other illegal acts or omissions were resolved or are still pending, and (D) any change in circumstance that might reduce the likelihood of such findings or other illegal acts or omissions recurring during the period of licensure, including the fact that such findings or other illegal acts or omissions at issue took place prior to the effective date of this subchapter; iii. a prior revocation by the commissioner of a car wash license held by the applicant or licensee; or iv. a finding that within the last ten years an entity to which the applicant is a successor, as such term is described in section 20-543 of this subchapter, has been denied the issuance or renewal of a license pursuant to this subdivision or has had a license revoked pursuant to section 20-545 of this subchapter. (L.L. 2015/062, 6/29/2015, eff. 12/26/2015) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062.
