§ 20-542 Surety bonds.
AC § 20-542
a. Except as provided in subdivision b of this section, prior to the issuance or renewal of a car wash license, each applicant shall furnish to the commissioner a surety bond in the sum of one hundred fifty thousand dollars, payable to the city of New York and approved as to form by the commissioner. b. Prior to the issuance or renewal of a car wash license, an applicant described in paragraph one or two of this subdivision shall furnish to the commissioner a surety bond in the sum of thirty thousand dollars, payable to the city of New York and approved as to form by the commissioner.
1.The applicant is a party to a current and bona fide collective bargaining agreement, with a collective bargaining representative of its employees, that expressly provides for the timely payment of wages and an expeditious process to resolve disputes concerning nonpayment or underpayment of wages.
2.The applicant is covered by an active monitoring agreement pursuant to a settlement supervised by the office of the attorney general of the United States or the state of New York, or the department of labor of the United States or the state of New York, or other government agency with jurisdiction over wage payment issues, on the condition that such monitoring agreement: i. expressly provides for the timely payment of wages at or above the applicable minimum wage rate; ii. requires that the employer be subjected to at least monthly monitoring by an independent monitor appointed; and iii. provides for an expeditious process to resolve disputes concerning wage violations without the expense of litigation, including reasonable mechanisms to secure the assets necessary to cover any judgment or arbitration award. c. The surety bond required by subdivisions a and b of this section shall be conditioned upon the applicant's compliance with the provisions of this subchapter and any rules promulgated thereunder, and upon the further condition that the applicant shall pay or satisfy: 1. any fine, penalty or other obligation to the city within thirty days of the imposition of such fine, penalty or obligation; 2. any final judgment recovered by any person who received car wash services from a licensee thereunder and was damaged thereby within thirty days of such judgment; and 3. any final judgment recovered by any employee of the licensee for nonpayment or underpayment of wages within thirty days of such judgment. (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.
