§ 22-208 Loading and unloading services provided by the department.
AC § 22-208
a. Notwithstanding any provisions of this chapter to the contrary, the commissioner may determine that the public interest will be best protected by the department providing loading and/or unloading services in the market. Such determination may also be made: (i) in the event that suspensions or revocations of unloading business licenses or loading business licenses have resulted in an insufficiency of such services in the market area; or (ii) following the review of licensing proposals to conduct an unloading business made pursuant to section 22-204 of this chapter or of licensing proposals to conduct a loading business made pursuant to section 22-206 of this chapter, based upon a finding that there are an insufficient number of business entities submitting proposals for unloading or loading licenses, as the case may be, (1) whose principal or principals meet the requirements of good character, honesty and integrity set forth under this chapter or any rules promulgated pursuant thereto; or (2) which are able to provide unloading or loading services, as the case may be, in a manner consistent with the safe, lawful, orderly and efficient operation of the market area at rates which are fair and reasonable to customers. b. Where the commissioner has made a determination pursuant to this section, the department may provide unloading or loading services, as the case may be, within the market area. Such services shall be provided in accordance with all rules governing the conduct of unloading or loading services prescribed under section 22-205 and section 22-207 of this chapter, other than insurance and bonding requirements. c. During any period in which the department provides services in the market area under this section, it shall be unlawful for any other person or business entity to provide or perform or offer to provide or perform the same or similar services in the market area; provide, however, that where the department does not provide all unloading or loading services, as the case may be, in the market area, an unloading business or a loading business that possesses a valid license to conduct such business may continue to operate. d. At any time following the commencement of a department service under this section, the commissioner may solicit interest in order to determine whether there are business entities interested in providing unloading or loading services, as the case may be, in the market area who meet the requirements of this chapter and can substitute for the services being provided by the department. The commissioner may thereupon issue a request for licensing proposals pursuant to the provisions of section 22-204 or section 22-206 of this chapter and issue a license pursuant to such sections. Notwithstanding the provisions of this subdivision, the commissioner may at any time during a period in which the department is proving services pursuant to this section consider an application for an unloading business and/or loading business license from a business entity interested in providing such service. This subdivision shall not apply when the department has determined, pursuant to the provisions set forth in subdivision g of section 22-206, that the department itself shall perform loading services on city owned property in the market area. e. For the purposes of this section, services provided by the department shall include those services provided by a designee of the department, an entity under contract to the department, or by a combination thereof. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/050 and L.L. 1997/028.
