§ 12-15 — Wholesale Seafood Business Operations

§ 12-15 Wholesale Seafood Business Operations.

(a) Registration not transferable. (1) A wholesale seafood business must not transfer its registration or registration number as part of the sale of such business. (2) A wholesaler must not allow the use by any other person of the registration or registration number or the name of the business to which such registration has been issued. (3) A wholesaler must not allow any other person to place seafood in the space which the wholesaler has subleased from a cooperative association, except that a wholesaler may, as provided in Subdivision d of § 22-209 of the Code, permit the use of such space by another registered wholesaler who has received a shipment of seafood that cannot be accommodated in the space from which such registered wholesaler operates. No fee may be charged for such temporary use and any such use must be reported to the Commission as soon as practicable, with details specifying the dates, times, and extent of such use. A wholesaler may also, as set forth in Subdivision e of § 22-209 of the Code and, pursuant to the provisions regarding approval of the Commission and limitations upon the charging of fees set forth in such subdivision, allow the use by no more than one (1) other registered wholesaler on other than a temporary basis of no more than forty-nine (49) percent of the space which the wholesaler has subleased from a cooperative association. (b) Furnishing and display of registration numbers. (1) A wholesaler must furnish, by telephone or in writing, to each supplier, distributor, or other person from whom the wholesaler orders or agrees to receive seafood the registration number and the name of the business to which such registration number has been issued. (2) The name and registration number of a wholesale seafood business must be affixed and prominently displayed on all premises from which such wholesale seafood business is conducted. (c) Record keeping. (1) Wholesalers must retain copies of all bills from and records of payments to unloaders, suppliers, and shippers of seafood and payment from retailers. Such bills and records must accurately reflect the amount of seafood involved in each transaction and must, along with all other records produced in the normal course of business, be retained for a minimum of thirty-six (36) months, and must be made available for immediate inspection and/or copying upon request by the market manager or a designee of the market manager or an employee of the Commission. Electronic copies of such books and records are acceptable. (2) Wholesalers or a designee of the wholesaler must sign each bill of lading acknowledging delivery and receipt of the seafood indicated thereon, noting any discrepancies. (d) Workers' Compensation Insurance. A wholesaler must submit proof that it has obtained the required Workers' Compensation and Disability Benefits Coverage, or that it is exempt from Section 57 of the Workers' Compensation Law, and Subdivision 8 of Section 220 of the Disability Benefits Law. (1) Proof of coverage can be established by submitting the following Workers' Compensation Board forms: (i) C:105.2 Application for Certificate of Workers' Compensation Insurance; (ii) DB-120.1 Employer's Application for Certificate of Compliance with Disability Benefits Law; (iii) S1-12 Affidavit certifying that compensation has been secured; (2) Proof that no coverage is required can be provided by submitting the following Workers' Compensation Board form: (i) C-105.21 Statement that applicant does not require Workers' Compensation or Disability Benefits Coverage. (e) Liability insurance. A wholesaler must procure and maintain throughout the term of the registration the following types of insurance against claims for injuries to persons or damages to property which may arise from or in connection with the wholesale business. The wholesaler may purchase such policies in conjunction with one (1) or more other wholesalers, provided that the following coverages described in this subdivision are maintained with respect to each wholesaler: (1) Commercial general liability insurance with liability limits of no less than one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal, and property damage. The maximum deductible for such insurance shall be no more than twenty-five thousand dollars ($25,000). (2) Business automobile liability insurance covering every vehicle operated by the wholesaler, whether or not owned by wholesaler, and every vehicle hired by the wholesaler with liability limits of no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. (f) (1) The policy or policies of insurance required by this section must name the Commission as certificate holder and must be endorsed to state that the coverage must not be suspended, voided, canceled, reduced in coverage, or in limits except upon sixty (60) days prior written notice to the Commission. (2) A wholesaler must demonstrate that it has secured the insurance coverage required, pursuant to this subdivision and must maintain such required insurance coverage throughout the term of the registration. Failure to maintain continuous insurance coverage meeting the requirements of these rules will result in revocation of the registration. (3) All required policies of insurance must be obtained from a company, or companies, duly authorized to do business in the State of New York with a Best's rating of no less than A:X unless specific approval has been granted by the Commission to accept a company with a lower rating. (4) A certificate of insurance effecting the required coverage and signed by a person authorized by the insurer to bind coverage on its behalf, must be delivered to the Commission prior to the effective date of the registration. Delivery to the Commission's offices may be made in person, by first class mail, or by e-mail to Licensing@bic.nyc.gov. (g) Payment bond. A wholesaler must, in the discretion of the Commission, procure and maintain a payment bond or other security ensuring payment to suppliers of such wholesaler or to unloading businesses in an amount, if any, to be determined by the Commission taking into account such factors as the wholesaler's volume of business and credit worthiness. The requirement of a payment bond, or other security that the Commission in its discretion so requires, may be imposed by the Commission at any time, including after a registration has been issued. (Amended City Record 3/6/2018, eff. 4/5/2018)