§ 22-206 Loading license required.
AC § 22-206
a. It shall be unlawful to conduct a loading business or otherwise provide loading services in the fulton fish market distribution area, or provide such services to purchasers of seafood from wholesalers in such market area, without first having obtained a loading business license issued by the commissioner pursuant to the provisions of this section. A loading business license shall not be transferable. b. The commissioner shall issue a request for licensing proposals and shall, at his or her discretion, issue one or more loading business licenses based upon the review and evaluation of responses received pursuant to such request. Such request for licensing proposals shall solicit information regarding the rates proposed to be charged to provide loading services in the market area, the areas in which loading operations are proposed to be conducted, the labor proposed to be utilized in providing loading services, and any other information relating to performance standards, responsibility and service that the commissioner deems appropriate. A proposal in response to a request for licensing proposals issued pursuant to this section shall be submitted on behalf of a business entity by all the principals thereof on a form signed by all such principals. c. A license issued pursuant to subdivision b of this section shall state the name, address and telephone number of the licensee and the names and business addresses of all principals of such licensee. A copy of such license shall be presented by the loading business to any wholesaler in the market area or purchaser of seafood from such wholesalers or to an employee of such wholesaler or purchaser upon request. d. A license issued pursuant to this section shall also contain conditions that: (i) specify the maximum rate to be charged for loading services; (ii) specify the standard and level of performance of loading services which shall be maintained throughout the term of the agreement to ensure efficient loading services in the market.
(iii)require that the loading business obtain a performance bond or such other guarantee of performance that the commissioner determines is appropriate and sufficient to cover any cost incurred by the city in providing or performing services related to loading pursuant to section 22-208 of this chapter due to revocation of the license or default in the performance of the conditions specified in the license and specify the amount of such performance bond or guarantee; and (iv) prescribe any other appropriate requirements relating to performance standards, customer service, security of performance, the use of city property, or such other matters as the commissioner deems appropriate and necessary to effectuate the purposes of this chapter. e. A loading business licensed pursuant to this chapter shall not charge more than the maximum rates specified in the loading business license, nor may a loading business or any principal, employee or agent thereof request any other fee or gratuity for performing loading services. f. No loading business licensee, shall, by contract or otherwise, assign or delegate to, or engage any other business entity to provide loading services in the market area, whether upon an emergency or any other basis, unless the commissioner has provided specific written authorization therefor. g.
(i)The commissioner shall be authorized, upon due notice and opportunity for a hearing, to suspend or revoke a license issue pursuant to this section based upon a determination that there has been a default in the performance of the conditions specified in such license or for reasons set forth in section 22-217 or 22-218 of this chapter. The commissioner shall also be authorized to pursue other remedies for a default in the performance of the conditions specified in the license, including but not limited to, reimbursement for any expenses incurred by the department in performing or providing loading services in the market area.
(ii)In the event of such suspension or revocation, or when the commissioner determines that additional loading services are required because a licensee has discontinued loading operations in the market area or because the existing loading business or businesses are for other reasons unable to provide adequate or sufficient loading services in the market area, the commissioner may, as he or she deems appropriate, issue a new license to one or more business entities which responded to the most recent request for licensing proposals previously issued, issue a new request for licensing proposals pursuant to this section or arrange for the department, a designee of the department or a business entity under contract to the department to provide loading services in the market area. A new license issued pursuant to a request for licensing proposals shall be valid for the remainder of the term of the original license. The commissioner may also solicit expressions of interest from business entities to provide loading services in the market area on a temporary basis and may also issue a temporary license or licenses to provide loading services in the market area to the most qualified of such entities in a situation where the suspension or revocation of a license or the discontinuance of loading operations by a licensee has created a shortage of loading services in the market area or the existing licensed loading business or businesses are for other reasons unable to provide adequate or sufficient loading services. A temporary license issue pursuant to this subdivision shall be valid for a period not to exceed one year, provided that such license shall not extend beyond the remainder of the term of the original license. The fee for such temporary license shall be prorated to the term of the original license. h. Prior to the expiration of a license issued pursuant to this section, the commissioner shall issue a new request for licensing proposals pursuant to subdivision b of this section. Where the term of such license has been extended for an additional period pursuant to section 22-213 of this chapter, the new request for licensing proposals shall be issued prior to the expiration of such period. i. Nothing in this chapter shall be construed to prevent the commissioner from determining, for a reason other than those set forth in subdivision g of this section, that the department itself, a designee of the department or an entity under contract to the department shall provide loading services on property owned by the city in the market area. In the event that the department determines to provide such services, the provisions of subdivisions a through g of this section shall not apply. j. Nothing in this chapter shall be construed to require the department to authorize any party to use property owned by the city in the market area for the purpose of conducting a loading business. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050 and L.L. 1997/028.
