§ 82-63 — Authorized Rooftop Advertising Fixture

§ 82-63 Authorized Rooftop Advertising Fixture.

(a) Authorized Rooftop Advertising Fixture. (1) Upon payment of an annual Advertising Permit Fee as described in 35 RCNY § 82-08(j), a Street Hail Livery Licensee may install and maintain an authorized Rooftop Advertising Fixture. (2) A Street Hail Livery Licensee must not install or maintain a Rooftop Advertising Fixture that is not authorized, or no longer authorized, by TLC. (b) Requirements for Obtaining Commission Approval of a Rooftop Advertising Fixture. (1) The Rooftop Advertising Fixture must be tested and certified in accordance with the Department of Defense Test Standard MIL-STD 810f by a licensed Professional Engineer and documentation of testing and certification must be submitted to the Commission. (MIL-STD 810f can be found at http://www.dtc.army.mil/navigator.) (2) The Rooftop Advertising Fixture must be approved by the Commission's Safety and Emissions Division. (3) The Rooftop Advertising Fixture Provider may post advertisements on the Rooftop Advertising Fixture. Such advertisements: (i) must not exceed the physical dimensions of the advertising display surface of the rooftop unit (ii) Exception: An advertisement can exceed the dimensions of the advertising display surface of the rooftop unit by no more than 100 square inches if the certification by a Professional Engineer as required in paragraph one of this subdivision specifically states that the extension is safely supported upon the Rooftop Advertising Fixture. (4) The Rooftop Advertising Fixture must: (i) be two-sided, each side of a shape that is longer across and shorter in height, although not necessarily a rectangle; (ii) display advertising material to the sides of the vehicle, and (iii) not display advertising material to the front and back of the vehicle. (5) Variation in approved design. (i) If the Rooftop Advertising Fixture Provider wants to deviate from an approved design, it must inform the TLC of any material variation in the original, approved design before installing a modified fixture. (ii) The TLC shall, within fourteen (14) business days, inform the Rooftop Advertising Fixture Provider whether an additional authorization is required with respect to the modified Rooftop Advertising Fixture. (c) Maintenance of Rooftop Advertising Fixture. The Rooftop Advertising Fixture Provider must maintain the Rooftop Advertising Fixture in accordance with this Rule: (1) The Rooftop Advertising Fixture Provider must ensure that the Rooftop Advertising Fixture (i) is firmly affixed to each Street Hail Livery; (ii) is otherwise operating in a safe manner; (iii) is in good working order; this includes that the advertising displayed on the fixture is firmly affixed; and (iv) displays current advertisements. A current advertisement is one that includes, but is not limited to, a defined event (such as advertisements for movies, concerts or events which have fixed opening or running dates) and only remains current until 60 days following the completion or termination of the event, or promotes an existing business or consumer product. (2) (i) The Rooftop Advertising Fixture Provider must not display advertising that is offensive to public morals or is otherwise in violation of New York Penal Law Section 245.11. (ii) The Rooftop Advertising Fixture Provider must remove any advertising in violation of subparagraph (i) from public display within fifteen (15) days after a TLC request to remove such advertising. (d) Termination of Authorization of Rooftop Advertising Fixture. (1) The Chairperson may terminate authorization of a Rooftop Advertising Fixture if the provider has not complied with the requirements stated in this Rule. (i) Prior to terminating authorization, the Chairperson will give the Rooftop Advertising Fixture Provider notice of the Chairperson's intent to terminate authorization and shall provide detailed reasons for the action. (ii) The Rooftop Advertising Fixture Provider shall have 21 business days after the notice to cure any defect or to respond to any concerns set forth in the notice unless the TLC extends the cure period. (iii) If the Rooftop Advertising Fixture Provider fails to cure any defect or fails to respond to any concerns set forth in the Chairperson's notice to the satisfaction of the Chairperson within the time period allotted by the TLC, the Chairperson may promptly terminate authorization. (2) Notwithstanding the notice requirements of paragraph one, TLC may immediately terminate authorization of a Rooftop Advertising Fixture if the Chairperson determines there is an imminent threat to the health or safety of members of the public, drivers of Street Hail Liveries, or other individuals.