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Form a Business

Public Wholesale Markets

RCNY tit. 17, ch. 2, subch. A
in effect

17 RCNY § 11-01 Scope and Construction.

§ 11-01 Scope and Construction. (a) This subchapter shall be applicable to each public wholesale market. (b) Any act prohibited by this subchapter shall extend to and include the permitting, allowing, causing, procuring, aiding or abetting of such act. (c) No provision in this subchapter shall make unlawful the act of any employee of the Commission or other government official in the performance of his or her official duties. (d) Any act prohibited by this subchapter not otherwise prohibited by law or any other government rule or regulation shall be lawful if performed pursuant to and in strict compliance with written authorization by the Chairperson. (e) This subchapter is in addition to and supplements all laws, rules and regulations of the City and State of New York and federal government and all terms and conditions set forth in any lease, license, registration or permit.

17 RCNY § 11-02 Definitions.

§ 11-02 Definitions. For the purposes of this subchapter, the following terms shall have the following meanings: Applicant. "Applicant" shall mean, if a business entity submitting a registration application, the entity itself and all the principals thereof; if a person submitting an application for a photo identification card, such person. Code. "Code" shall mean the Administrative Code of the City of New York. Chairperson. "Chairperson" shall mean the Chairperson of the New York City Business Integrity Commission. Commission. "Commission shall mean the New York City Business Integrity Commission. The term "Commission" also shall refer to an action of the Chairperson of the Commission, taken under delegation from the Commission. Cooperative association. "Cooperative association" shall mean the cooperative association established, with the approval of the Commission, by wholesalers in a market area to assist with the management of the market area. Employee. "Employee" shall mean a person who works or has been hired to work in a market on a full-time, part-time or seasonal basis for a wholesaler, market business, or a wholesale trade association, but shall not include persons hired to work on an occasional basis. A person hired to work on an occasional basis is any person who works or has been hired to work for a wholesaler or market business and works no more than five (5) days in any given month for the same employer. Any person who works for a wholesaler or a market business is presumed to be an employee unless the presumption is overcome by credible evidence produced by the person and/or the employer. Hearing officer. "Hearing officer" shall mean a person appointed or designated to conduct hearings pursuant to the procedures set forth in 17 RCNY § 11-21(b) relating to the suspension or revocation of a license, registration, or photo identification card. "Hearing officer" shall not include a person assigned to preside over a case that has been referred to the Office of Administrative Trials and Hearings. Labor union or labor organization. "Labor union" or "labor organization" shall mean a union or organization that represents or seeks to represent, for purposes of collective bargaining, employees directly involved in the movement, handling or sale of goods in the markets. Notwithstanding the foregoing, such terms shall not include: (i) a labor union that represents or seeks to represent fewer than two hundred (200) employees in any public wholesale market or combination of public wholesale markets in the City of New York; (ii) a labor union representing or seeking to represent clerical or other office workers, construction or electrical workers, or any other workers temporarily or permanently employed in a public wholesale market for a purpose not directly related to the movement, handling or sale of goods in such market; or (iii) an affiliated national or international labor union of local labor unions required to register pursuant to 17 RCNY § 11-10. Market business. "Market business" shall mean any business located or operating within a market that is engaged in providing goods or services to wholesalers or retail purchasers in such market that are related to the conduct of a wholesale business or the purchase of food or related agricultural products or horticultural products by retailers or others, or that receives such goods within a market for delivery, forwarding, transfer or further distribution outside such market. "Market business" shall include, but not be limited to, the provision of security services within a market, the provision of services related to the collection of fees for entrance into a market and parking, the supply of ice, and the unloading, loading, transfer or distribution of food or related agricultural products or horticultural products. The term "market business" shall not include a business located or operating within a market the main offices of which are located outside a market and which (i) supplies the food or related agricultural products or products sold by wholesalers or is engaged in the trucking or shipping thereof to the market or (ii) supplies electrical, plumbing, construction, renovation or other similar services to wholesalers in the market and does not earn fifty (50) percent or more of its income from such wholesalers. Market manager. "Market manager" shall mean a person designated by the Commission to supervise operations in a public wholesale market. Such supervision shall include, without limitation: implementation of these rules and the authority to enforce violations of any provision of Chapter 1-B of Title 22 of the Code or such rules; supervision of Commission staff employed in the markets; response to complaints relating to the operation of businesses in the market; examination of documents required to be maintained by a registrant pursuant to Chapter 1-B of Title 22 of the Code or this subchapter; referrals, where appropriate, to any law enforcement, adjudicatory, investigative or prosecutorial agency of matters occurring within the markets; and such other functions and duties as the Commission may assign consistent with the provision of Chapter 1-B of Title 22 of the Code or the rules promulgated pursuant to such chapter and this subchapter. Officer. "Officer" shall mean any person holding an elected position or any other position involving participation in the management or control of a wholesale trade association required to register pursuant to 17 RCNY § 11-12 or of a labor union or labor organization required to register pursuant to 17 RCNY § 11-10. Person. "Person" shall include entities as well as natural persons unless the context indicates otherwise. Principal. "Principal" shall mean, of a sole proprietorship, the proprietor; of a corporation, every officer, director and stockholder holding ten (10) percent or more of the outstanding shares of the corporation; of a partnership, all the partners; of another type of business entity, the chief operating officer or chief executive officer, irrespective of organizational title, and all persons having an ownership interest of ten (10) percent or more; and with respect to all business entities, all other persons participating directly or indirectly in the control of such business entity. Where a partner or stockholder holding ten (10) percent or more of the outstanding shares of a corporation is itself a partnership or a corporation, a "principal" shall also include the partners of such partnership or the officers, directors and stockholders holding ten (10) percent or more of the outstanding shares of such corporation, as is appropriate. For the purposes of this subchapter (1) a person shall be considered to hold stock in a corporation where such stock is owned directly or indirectly by or for (i) such person, (ii) the spouse of such person (other than a spouse who is legally separated from such person pursuant to a judicial decree or an agreement cognizable under the laws of the state in which such person is domiciled), (iii) the children, grandchildren and parents of such person, (iv) a partnership in which such person is a partner, in proportion to the partnership interest of such person, and (v) a corporation in which any of such person, the spouse, children, grandchildren and parents of such person own fifty (50) percent or more in value of the stock; (2) a partnership shall be considered to hold stock in a corporation where such stock is owned, directly or indirectly, by or for a partner in such partnership; and (3) a corporation shall be considered to hold stock in a corporation that is an applicant where such corporation holds fifty (50) percent or more in value of the stock of a third corporation that holds stock in the applicant corporation. Public wholesale market or market. "Public wholesale market" or "market" shall mean any building, structure or place owned by the City or located on property owned by the City or under lease to or in the possession of the City or any part of a street, avenue, parkway, plaza, square or other public place that has been designated as a public market by resolution of the former Board of Estimate of the City or a local law enacted by the City Council to be used or intended to be used for the wholesale buying, selling or keeping of food, flowers or ornamental plants; except that the term "public wholesale market" shall not, unless otherwise set forth in this subchapter, include any building, structure or place within the market area as defined in 17 RCNY § 12-02. For purposes of this subchapter, the term "public wholesale market" shall also include the area adjacent to the New York City Terminal Cooperative Produce Market beginning at the point where the westerly street line of Garrison Avenue intersects the northerly street line of Lafayette Avenue; thence easterly along the northerly street line of Lafayette Avenue to the easterly street line of Halleck Street; thence southerly along the easterly street line of Halleck Street to the southerly street line of Ryawa Avenue; thence westerly along the southerly street line of Ryawa Avenue to the westerly street line of Manida Street; thence northerly along the westerly street line of Manida Street to the southerly street line of Viele Avenue; thence westerly along the southerly street line of Viele Avenue to the westerly street line of Tiffany Street; thence northerly along the westerly street line of Tiffany Street to the southerly street line of Oak Point Avenue; thence westerly along the southerly street line of Oak Point Avenue to the westerly street line of Barry Street; thence northerly along the westerly street line of Barry Street to the southerly street line of Leggett Avenue; thence westerly along the southerly street line of Leggett Avenue to the westerly street line of Garrison Avenue; thence northerly along the westerly street line of Garrison Avenue to the point of beginning, and the premises known as 240 Food Center Drive. Registration. "Registration" shall mean: (a) wholesaler registration or market business registration as required pursuant to § 22-253 of the Code and 17 RCNY § 11-04; (b) labor union or labor organization registration as required pursuant to § 22-264 of the Code and 17 RCNY § 11-10; or (c) wholesale trade association registration as required pursuant to § 22-265 of the Code and 17 RCNY § 11-12. Wholesale trade association. "Wholesale trade association" shall mean an entity, the majority of whose members are wholesale businesses and/or market businesses, having as a primary purpose the promotion, management or self-regulation of a market or such wholesale businesses or market businesses within such market or the facilities utilized by such businesses, including, but not limited to a corporation, cooperative, unincorporated association, partnership, trust or limited liability partnership or company, whether or not such entity is organized for profit, not-for-profit, business or non-business purposes. The term "wholesale trade association" shall include a cooperative association. The term "wholesale trade association" shall not include any entity the majority of whose members are primarily engaged in retail sales outside a public wholesale market. Wholesaler or wholesale business. "Wholesaler" or "wholesale business" shall mean any business engaged in selling food or related agricultural products or horticultural products at wholesale prices for resale by a wholesaler or retailer or for use by an institution or other similar establishment, whether or not such business also sells directly to the public, except that such terms as used in this subchapter shall not include a "wholesaler" or "wholesale seafood business" as defined in 17 RCNY § 12-02; provided, however, that a wholesale business to which customers do not regularly come to pick up purchases and that does not deal from such location primarily in perishable products shall not be subject, unless otherwise provided by rule of the Commission, to the provisions of §§ 22-252, 22-254 and 22-255 of Chapter 1-B of Title 22 of the Code and the rules promulgated pursuant to such sections.

17 RCNY § 11-03 Terms and Fees.

§ 11-03 Terms and Fees. (a) A registration shall be valid for three (3) years and may be renewed for three (3) year periods thereafter. (b) The fee for registration shall be four thousand dollars ($4,000), and the fee for renewal of such registration shall be four thousand dollars ($4,000). (c) The fee for a permanent photo identification card shall be one hundred dollars ($100), and the fee for the replacement of a photo identification card that has been lost or stolen shall be twenty dollars ($20). The Chairperson may waive the fee for a permanent photo identification card if the applicant has applied for and paid the fee for a photo identification within the last six (6) months. (d) The fee for fingerprinting pursuant to §§ 22-259 (pertaining to wholesale businesses, market businesses and photo identification cards), 22-264 (pertaining to labor unions and labor organizations and officers), and 22-265 (pertaining to trade associations and officers) of the Code shall be as determined by the New York State Division of Criminal Justice Services. (e) Investigative fee. The fee for a background investigation pursuant to subdivision d or e of § 22-252 shall be two hundred dollars ($200) and the fee for a background investigation pursuant to subdivision b of § 22-253, subdivision b of § 22-264, or subdivision b of § 22-265 of the Code shall be six hundred dollars ($600). (f) A wholesale business or a market business shall be responsible for the payment of any fee imposed by this section with respect to an employee of such business or any person seeking to become an employee of such business. (g) The fees provided for in this section shall be payable to the Commission.

17 RCNY § 11-04 Wholesale Business and Market Business Registration Required.

§ 11-04 Wholesale Business and Market Business Registration Required. No person shall operate a wholesale business or market business in a public wholesale market without first receiving a registration or registration number from the Commission.

17 RCNY § 11-05 Application for a Wholesale Business or Market Business Registration.

§ 11-05 Application for a Wholesale Business or Market Business Registration. (a) An application for registration or renewal thereof must be made on a form prescribed by the Commission. The application form must be certified under penalty of perjury and signed by all principals of the applicant business. The registration application must include all of the following information: (1) the name, address, e-mail address designated for communications with the business that will be checked regularly, and telephone number(s) of the business submitting such application; (2) the names, addresses, e-mail address(es), telephone number(s) and social security numbers of all current and past principals of the applicant and a description of the positions occupied or ownership interest held by each such principal; (3) the names, job titles, social security numbers, addresses, and e-mail address of all other employees or agents of the applicant; (4) a list of vehicles used in the course of the applicant's business; (5) employment and business background information on the principals such as the principal's employment history, wholesale or market business interests, and any related business interests; (6) if the applicant is doing business under an assumed name, a Certification of Assumed Name, certified by the County Clerk if a sole proprietorship or partnership, or by the Secretary of State if a corporation; (7) if the applicant business is a sole proprietorship, a notarized copy of the business certificate certified by the County Clerk; (8) if the applicant is a corporation, a copy of the certificate of incorporation; (9) if the applicant is a partnership, a copy of partnership papers, certified by the County Clerk; (10) a listing of the names and addresses of any person having a beneficial interest in the applicant and the amount and nature of such interest; (11) a listing of any determination by a Federal, State, or City regulatory agency of a violation by such applicant of laws or regulations relating to the conduct of the applicant's business where such violation has resulted in the suspension or revocation of a permit, license, or other permission required in connection with the operation of such business or in a civil fine, penalty, settlement, or injunctive relief; (12) a listing of all criminal convictions, in any jurisdiction, of the applicant, except where such disclosure is protected by Subdivision 16 of Section 296 of Article 15 of the New York State Executive Law; (13) a Federal or State tax identification number; and (14) such other information that the Commission deems appropriate. (b) Notwithstanding any provision of this subchapter: (1) the Commission may, when there is reasonable cause to believe that an applicant for a registration or any or all of the principals of such applicant does not possess good character, honesty, and integrity, require that such applicant or any or all of the principals of such applicant be fingerprinted by a person designated for such purpose by the Commission, pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records, and provide to the Commission the disclosure required by the form provided by the Commission. The Commission also may require such additional information, in lieu of or in addition to such fingerprinting and/or disclosure, including without limitation documents and/or an in-person interview, as the Commission determines is appropriate and reasonable to render a determination. After providing notice and an opportunity to be heard, the Commission may refuse to register such applicant for the reasons set forth in § 22-259 of the Code, or defer a decision whether to register such applicant when there is a pending indictment or criminal action or pending civil or administrative action as provided in Paragraph (ii) of Subdivision b of § 22-259 of the Code. (2) If at any time after the registration of a wholesale business or a market business the Commission has reasonable cause to believe that any or all of the principals of such business do not possess good character, honesty, and integrity, the Commission may require that any or all of the principals be fingerprinted by a person designated for such purpose by the Commission, pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records, and provide the disclosure required by the form provided by the Commission. The Commission also may require additional information in lieu of or in addition to such fingerprinting and/or disclosure, including without limitation documents and an in-person interview, as the Commission determines is appropriate and reasonable to render a determination. (c) If an application for the renewal of a registration is not submitted to the Commission within the time period required by the Commission, the Commission may reject the renewal application and require the applicant to file a new application for registration. If a new application is required by the Commission, the provisions pertaining to the application process as set forth in Chapter 1-B of Title 22 of the Code and this subchapter shall apply. (Amended City Record 3/6/2018, eff. 4/5/2018)

17 RCNY § 11-06 Photo Identification Cards Required.

§ 11-06 Photo Identification Cards Required. (a) No person who is a principal or employee of any wholesale business or market business operating in a public wholesale market, or any other business operating in a public wholesale market located on City property, shall perform any function in such market without having been issued a photo identification card by the Commission pursuant to the provisions of this subchapter and § 22-252 of the Code. (b) Notwithstanding the foregoing, any person required to have a photo identification card who has filed an application therefor and obtained a temporary photo identification card, may continue to perform such functions unless and until (1) the application of such person for a photo identification card has been denied, or (2) the temporary photo identification card of such person has been revoked, or (3) in cases where the Commission has required such person to be fingerprinted, submit background information and/or appear for an interview pursuant to §§ 22-252 and 22-259 of the Code and 17 RCNY § 11-08.1, such person has failed, within the time period prescribed by the Commission, to be fingerprinted, submit the required information, or appear for an interview. (c) Photo identification cards shall be in the possession of principals and employees of wholesale businesses, market businesses or other businesses at all times when such persons are in the market, and shall be produced upon demand to an authorized employee or agent of the Commission. (d) Where a photo identification holder changes employment in the market, the photo identification holder shall notify the market manager of the change of employment and submit the transfer form provided by the market manager. The photo identification holder shall also be required to apply for a new photo identification card and pay the requisite fee in accordance with the provisions of this subchapter. A wholesale or market business shall immediately notify the market manager of the addition of or other change of status of a photo identification holder. (e) A person who discontinues his or her employment in the market or who ceases to be a principal of a wholesale or market business shall immediately surrender his or her photo identification card to the market manager. A business that terminates any employee or principal possessing a photo identification card shall obtain that employee's or principal's photo identification card and surrender it to the market manager. (f) No wholesale or market business shall continue to employ a person who is required to but does not possess a valid photo identification card issued in accordance with the provisions of this subchapter. (g) The photo identification card of a person who is a principal or employee of more than one wholesale business or market business operating in a public wholesale market shall reflect the multiple affiliations of such person.

17 RCNY § 11-07 Temporary Photo Identification Cards and Visitors Passes.

§ 11-07 Temporary Photo Identification Cards and Visitors Passes. (a) The Commission may designate the cooperative association of any public wholesale market to issue temporary photo identification cards to persons required to have a photo identification card within such market. The duties of such designated cooperative association are to be performed pursuant to the provisions of the Code and this subchapter relating to such temporary photo identification cards and such terms and conditions as the Commission may impose. (b) Such temporary photo identification cards shall be valid for a period of one year but shall cease to be valid upon the issuance by the Commission of a permanent photo identification card or the occurrence of any of the events set forth in paragraphs (1), (2) or (3) of subdivision (b) of 17 RCNY § 11-06. (c) The Commission may designate the cooperative association of any public wholesale market to issue visitor passes at the public wholesale market in which it operates. The duties of such designated cooperative association are to be performed pursuant to the provisions of the Code and this subchapter relating to such visitors passes and such terms and conditions as the Commission may impose. (d) Any cooperative association designated by the Commission to issue temporary identification cards may impose fees and set amounts for such fees for the performance of the functions set forth in this section with the prior written permission of the Commission. No change in a fee or amount of such fee imposed pursuant to this section shall be made without prior written permission of the Commission. (e) Temporary photo identification cards and visitors passes shall be in the possession of all persons required to have them at all times when such persons are in the market, and shall be produced upon demand to an authorized employee or agent of the Commission.

17 RCNY § 11-08 Application for a Photo Identification Card.

§ 11-08 Application for a Photo Identification Card. An application for a photo identification card shall include the information requested in the application form provided by the Commission. The application shall be signed and certified under penalty of perjury by the applicant. The application shall include, but not be limited to, the following information: name, address and telephone number(s) of the applicant, the applicant's employment history, the applicant's business interests, and any other such information required by the Commission.

17 RCNY § 11-08.1 Photo Identification Card; Investigation by the Commission.

§ 11-08.1 Photo Identification Card; Investigation by the Commission. Notwithstanding any provision of this subchapter, the Commission may, when there is reasonable cause to believe that an applicant for or holder of a photo identification card who is a principal or employee of a wholesale or market business does not possess good character, honesty and integrity, require that such person be fingerprinted by a person designated for such purpose by the Commission, pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records, and provide to the Commission the disclosure required by the form provided by the Commission. The Commission also may require such additional information in lieu of or in addition to such fingerprinting and/or disclosure, including without limitation documents and/or an in-person interview, as the Commission determines is appropriate and reasonable to render a determination.

17 RCNY § 11-09 Wholesale Business and Market Business Operations.

§ 11-09 Wholesale Business and Market Business Operations. (a) Registration not transferable. Wholesale businesses and market businesses must not transfer their registration or registration numbers as part of the sale of such businesses. (b) Furnishing and display of registration or registration numbers. A wholesale business or market business must conspicuously and prominently display its registration certificate issued by the Commission at its place of business. (c) Recordkeeping. Wholesale businesses or market businesses must retain copies of all invoices and other documents reflecting deliveries or payments from or to suppliers and customers. Electronic copies of such books and records are acceptable. Such bills and records must accurately reflect the amount of goods or services involved in each transaction, and must, along with all other records produced or received 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, a designee of the market manager, or an employee of the Commission. (d) Workers' Compensation Insurance. Wholesale businesses or market businesses must submit proof that they have obtained the required Workers' Compensation and Disability Benefits Coverage or that they are 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. Wholesale businesses or market businesses 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 business: (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 wholesale business or market business, whether or not owned by the business, and every vehicle hired by the applicant 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) 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 shall not be suspended, voided, canceled, or reduced in coverage or in limits except upon sixty (60) days prior written notice to the Commission. Failure to maintain continuous insurance coverage meeting the requirements of these rules will result in revocation of the registration. Such policy or 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. 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. A registrant must demonstrate that the registrant has secured the insurance coverage required pursuant to this section and must maintain such required insurance coverage throughout the term of the registration. (g) Wholesale businesses and market businesses shall be jointly and severally liable for any violation of Chapter 1-B of Title 22 of the Code or of this subchapter by any of their employees or agents. (h) Each wholesale business and market business must permit the Commission, or any person designated by the Commission, to enter its premises whenever in the discretion of the Commission such entry is necessary. (Amended City Record 3/6/2018, eff. 4/5/2018)

17 RCNY § 11-10 Labor Union and Labor Organization Registration Required.

§ 11-10 Labor Union and Labor Organization Registration Required. Labor unions and labor organizations representing or seeking to represent employees directly involved in the movement, handling or sale of goods sold in any public wholesale market shall register with the Commission, unless such labor union or labor organization is exempt from registration pursuant to § 22-264(a) of the Code.

17 RCNY § 11-11 Application for a Labor Union and Labor Organization Registration.

§ 11-11 Application for a Labor Union and Labor Organization Registration. (a) An application for a labor union or labor organization registration pursuant to § 22-264 of the Code, or for a renewal of such registration, shall be made on a form prescribed by the Commission. The application shall be certified under penalty of perjury and signed by an officer of the applicant. The application shall include, but not be limited to, the following information: (1) the names of all officers and agents; (2) all criminal convictions, in any jurisdiction, of such labor union or labor organization; (3) any criminal or civil investigation of such labor union or labor organization by a federal, state or local prosecutorial, investigative or regulatory agency; (4) all civil or administrative proceedings to which such labor union or labor organization has been a party involving allegations of racketeering, including but not limited to offenses listed in subdivision nineteen hundred sixty-one of the Racketeer Influenced and Corrupt Organization statute (18 U.S.C. §§ 1961 et seq.) or of an offense listed in subdivision one of section 460.10 of the penal law, as such statutes may be amended from time to time; (5) judicial or administrative consent decrees entered into by such labor union or labor organization in the five (5) year period preceding the date of the application; and (6) the appointment of an independent auditor, monitor, receiver, administrator or trustee to oversee any activities of such labor union or labor organization in the five (5) year period preceding the date of the application. Notwithstanding the foregoing, no labor union or labor organization shall be required to furnish information pursuant to this subdivision which is already included in a report filed by the labor union or labor organization with the Secretary of Labor pursuant to 29 U.S.C. §§ 431 et seq. or 29 U.S.C. §§ 1001 et seq. if a copy of such report, or of the portion thereof containing such information, is furnished to the Commission. (b) An officer of a labor union or labor organization required to be registered with the Commission pursuant to § 22-264(a) of the Code shall submit the information required by § 22-264(b) of the Code on a form prescribed by the Commission. (c) Notwithstanding any provision of this subchapter, where there is reasonable cause to believe that an officer of a labor union or labor organization does not possess good character, honesty and integrity, the Commission may require that such officer be fingerprinted by a person designated for such purpose by the Commission, pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records, and provide to the Commission the disclosure required by the form provided by the Commission. The Commission also may require such additional information, in lieu of or in addition to, such fingerprinting and/or disclosure, including without limitation documents and an in-person interview, as the Commission determines is appropriate and reasonable to render a determination. (d) Any material change in the information submitted pursuant to subdivision (a) or (b) of this section shall be reported to the Commission by such union or organization or officer, in a signed and notarized writing, within thirty (30) calendar days thereof. (e) After providing notice and opportunity to be heard, the Commission may disqualify an officer of a labor union or labor organization from holding office based on the grounds set forth in subdivision c of § 22-264 of the Code and in accordance with the procedure for such disqualification set forth in such subdivision. (f) If an application for the renewal of a registration is not submitted to the Commission with the time period required by the Commission, the Commission may reject the renewal application and require the applicant to file a new application for a labor union and labor organization registration. If a new application is required by the Commission, the provisions pertaining to the application process as set forth in Chapter 1-B of Title 22 of the Code and of this subchapter shall govern.

17 RCNY § 11-12 Wholesale Trade Association Registration Required.

§ 11-12 Wholesale Trade Association Registration Required. Wholesale trade associations shall register with the Commission before operating in a public wholesale market.

17 RCNY § 11-13 Application for a Wholesale Trade Association Registration.

§ 11-13 Application for a Wholesale Trade Association Registration. (a) An application for a wholesale trade association registration pursuant to § 22-265 of the Code, or for a renewal of such registration, shall be made on a form prescribed by the Commission. The application shall be certified under penalty of perjury and signed by an officer of the applicant. The application shall include, but be not limited to, the following information: (1) the names of all members of such association; (2) the names of all persons holding office in such association; and (3) any criminal or civil investigation by a federal, state, or local prosecutorial, investigative or regulatory agency. (b) An officer of a wholesale trade association required to be registered with the Commission pursuant to § 22-265 of the Code shall submit the information required by § 22-265(b) of the Code on a form provided by the Commission. (c) Notwithstanding any provision of this subchapter, when there is reasonable cause to believe that an officer of the trade association does not possess good character, honesty and integrity, the Commission may require that such officer be fingerprinted by a person designated for such purpose by the Commission, pay the fee prescribed by the Division of Criminal Justice Services for the purpose of obtaining criminal history records, and provide to the Commission the disclosure required by the form provided by the Commission. The Commission also may require such additional information, in lieu of or in addition to such fingerprinting and/or disclosure, including without limitation documents and an in-person interview, as the Commission determines is appropriate and reasonable to render a determination. (d) After providing notice and opportunity to be heard, the Commission may disqualify an officer from holding office in a wholesale trade association based on the grounds set forth in subdivision c of § 22-265 of the Code and in accordance with the procedure for such disqualification set forth in such subdivision. (e) If an application for the renewal of a registration is not submitted to the Commission within the time period required by the Commission, the Commission may reject the renewal application and require the applicant to file a new application for a wholesale trade association registration. If a new application is required by the Commission, the provisions pertaining to the application process as set forth in Chapter 1-B of Title 22 of the Code and of this subchapter shall govern.

17 RCNY § 11-14 Record Keeping Requirements for Wholesale Trade Associations.

§ 11-14 Record Keeping Requirements for Wholesale Trade Associations. (a) Wholesale trade associations shall retain copies of all invoices and other documents reflecting payment to and from wholesalers and market businesses, leases, subleases, union contracts, and all other records produced or maintained in the normal course of business for a minimum of thirty-six (36) months. Electronic copies of such books and records shall be acceptable. (b) Such books and records shall be made available for immediate inspection and/or copying upon request by the market manager, a designee of the market manager or an employee of the Commission.

17 RCNY § 11-15 Notification of Material Change in Information, Addition of Principal and Change in Composition of Business.

§ 11-15 Notification of Material Change in Information, Addition of Principal and Change in Composition of Business. (a) An applicant for a registration or a photo identification card shall notify the Commission within ten (10) calendar days of any material change in the information submitted in an application or disclosure form submitted pursuant to this subchapter. Subsequent to the issuance of the registration or photo identification card, the registrant or photo identification card holder shall notify the Commission within thirty (30) calendar days of any material change in the information submitted in an application or disclosure form. (b) A registrant shall provide the Commission with notice of at least ten (10) business days of the proposed addition of a new principal (other than a person that becomes a principal through the acquisition of outstanding shares of a business whose equity securities are registered under Federal and State securities laws and publicly traded on a national or regional stock or security exchange). The Commission may waive or shorten such period upon a showing that there exists a bona fide business requirement therefor. Except where the Commission determines within such period, based upon information available to it, that the addition of such new principal may have a result inimical to the purposes of this subchapter, the registrant may add such new principal pending the completion of review by the Commission. The registrant shall be afforded an opportunity to demonstrate to the Commission that the addition of such new principal pending completion of such review would not have a result inimical to the purposes of this subchapter. If upon the completion of such review, the Commission determines that such principal lacks good character, honesty and integrity, the registration shall cease to be valid unless such principal divests his or her interest, or discontinues his or her involvement in the business of such registrant, as the case may be, within the time period prescribed by the Commission. (c) The registrant shall also notify the Commission within thirty (30) days calendar days, of the ownership composition of the business. (d) Any notification pursuant to this section shall be in writing, sworn and notarized. (e) For the purposes of this section "material change" shall mean a change in any information provided in response to an item identified as such on an application or disclosure form submitted to the Commission or by any other directive issued by the Commission. "Material change" also includes the occurrence of any event after the submission of an application or disclosure that would have been required to be disclosed on such form had it occurred prior to such submission.

17 RCNY § 11-16 Acquisitions and Subleases.

§ 11-16 Acquisitions and Subleases. (a) A person who intends to acquire a registered wholesale business or market business shall submit an application for a wholesale business or market business registration pursuant to the provisions of Chapter 1-B of Title 22 of the Code and the rules set forth in this subchapter for a preliminary review of such application by the Commission. Upon the submission of purchase and sale agreement for review by the Commission no later than thirty (30) days before such acquisition or sale is to take effect, the Commission will conduct an expedited application review. (b) A registrant shall notify the Commission within ten (10) calendar days of contract closing of any change in the capital stock or ownership in the business of the registrant, including but not limited to a stock transfer or sale of the outstanding shares of the business or sale or merger of such business; provided, however, that a business whose equity securities are publicly traded on a national or regional stock or securities exchange shall be required to make disclosure of only such stock transfer or sale required to be disclosed by the Securities Exchange Commission or other Federal or State regulatory body. Such notification shall include a list of any persons formerly possessing ownership interest in the registrant business who will have any beneficial interest in the current business and a copy of the contract or agreement. (c) Sublessee required to apply for registration. Wholesale businesses and market businesses shall not allow the use by any other person of the registration number or the name of the business to which such registration number has been issued. In the event that a wholesale business or market business seeks to sublease or otherwise allow the use of its premises, or any portion thereof, for the operation of a wholesale business or market business by another person, where such sublease is permitted under the terms of the lease, the Commission may, upon application and payment of the required fee by the prospective sublessee pursuant to the provisions of Chapter 1-B of Title 22 of the Code and the rules set forth in this subchapter, issue a registration number to such sublessee. Absent such registration number no wholesale business or market business may permit a sublessee to operate a wholesale business or market business on such premises.

17 RCNY § 11-17 Refusal to Issue Registration or Photo Identification Card; Revocation and Suspension of Registration or Photo Identification Card.

§ 11-17 Refusal to Issue Registration or Photo Identification Card; Revocation and Suspension of Registration or Photo Identification Card. (a) Where the staff of the Commission recommends that the Commission refuse, pursuant to § 22-259 of the Code, to issue a registration to a wholesale business or market business applicant or a photo identification card applicant, the applicant shall be notified in writing of the reasons for the proposed refusal of such registration or photo identification card and that the applicant may, within ten (10) business days of the date of such notification, respond in writing to the Commission setting forth the reasons such applicant believes that it should not be denied such registration or photo identification card. In the exercise of its discretion, the Commission, considering the reasons for the proposed refusal to issue the registration or photo identification card, the nature of the issues raised in connection therewith, and the response submitted by the applicant, may make a final determination regarding the issuance of such registration or photo identification card or afford the applicant such further opportunity to be heard in such proceeding as is deemed appropriate. A final determination and the reasons therefor shall be communicated to the applicant in writing. (b) The Commission may revoke a temporary photo identification card, and after notice and hearing, revoke or suspend the registration of a wholesale business or market business or a photo identification card for any of the reasons set forth in § 22-260 of the Code, or for violation of any rule promulgated pursuant to § 22-266 of the Code, including without limitation 17 RCNY § 11-19. Notice shall be provided in accordance with the provisions of 17 RCNY § 11-20. Hearings shall be afforded in accordance with the provisions of 17 RCNY § 11-21. (c) Revocation or suspension of a registration, discontinuance of business operations in the market area by a registrant, or denial of an application for registration shall require the immediate surrender to the market manager of all photo identification cards issued to the principals, employees and/or agents of the registrant. Violation of the provisions of this subdivision may result in immediate revocation of a suspended registration and/or the imposition of sanctions and penalties as provided in § 22-258 of the Code. (d) Revocation or suspension of photo identification cards or denial of an application for a photo identification card (including temporary photo identification cards) shall require the immediate surrender of such cards to the market manager.

17 RCNY § 11-18 Emergency Suspension of Registration or Photo Identification Card.

§ 11-18 Emergency Suspension of Registration or Photo Identification Card. Notwithstanding the foregoing provisions, the Chairperson may, if he or she has reasonable cause to believe that the operation of a wholesale business or market business or the presence of any person in the public wholesale market creates an imminent danger to life or property or to the orderly and lawful operation of the market, or that there has likely been false or fraudulent information submitted to the Commission, immediately suspend the registration of such business or the photo identification card of such person without a prior hearing, provided that such suspension may be appealed to the Deputy Commissioner for Legal Affairs of the Commission who shall determine such appeal forthwith. If the Deputy Commissioner for Legal Affairs upholds the suspension, an opportunity for a hearing pursuant to the provisions of subdivision (b) of 17 RCNY § 11-21 shall be provided on an expedited basis. The Commission shall issue a final determination no later than four (4) business days following the conclusion of such hearing. The Chairperson may, upon application by a wholesale business or market business whose registration has been suspended without a prior hearing, permit such business to remain in the market for such time as is necessary to allow for the expeditious sale, consignment or removal of a perishable product if, in the Commission's judgment, such permission is consistent with the safety of the market.

17 RCNY § 11-19 Prohibited Acts Generally.

§ 11-19 Prohibited Acts Generally. (a) No person shall (1) interfere, or attempt to interfere, with the market manager, his or her staff or the employees of the Commission in the discharge of their functions or interfere with or otherwise obstruct the orderly functioning of the market; (2) interfere, or attempt to interfere with, or otherwise obstruct any operations or property of any person in the market; (3) take into, carry through, leave in, throw, or discharge into or on any market any rubbish, litter or refuse, except that rubbish, litter or refuse generated within any market may be discarded in receptacles that are specifically designed for such purpose or as otherwise provided for by this subchapter; (4) urinate or defecate in any market, or in or upon any market building or structure, except in a facility which is specifically designed for such purpose; (5) damage, remove or destroy any property or equipment without authority; (6) engage in, instigate or encourage a fight or other disturbance; (7) commit any act injurious to any person, animal or property; (8) bring into any market or have in his possession any firearms, illegal knives, hatchets, machetes, slingshots, fireworks or other dangerous instruments or explosives; (9) play any game of chance, participate in the conduct of an illegal lottery, or use any slot machine, gaming table or instrument or have in his or her possession any implements or devices commonly used, or intended to be used, for gambling purposes; (10) make a misrepresentation of any kind with respect to merchandise offered for sale or the take any unfair advantage of a purchaser or any attempt to take such unfair advantage; (11) sell in any market any merchandise that the Commission has prohibited to be sold therein; (12) discharge into or leave in tidal water, sewage or drainage that may result in the pollution of water; (13) perform any act that may tend to damage or clog drains or sewers; or (14) disobey any lawful order of any employee of the Commission or other employee of the City or disobey or violate any lawful notice, prohibition, instruction or direction of the Commission or any other City agency. (b) In addition to the foregoing, the following rules also apply to principals, employees and agents of wholesalers or market businesses, officers of labor unions and labor organizations, and officers of wholesale trade associations. Such persons shall not: (1) authorize another person to use the name of the wholesale business, labor union or organization, wholesale trade association or market business to which a registration number has been issued for such business; (2) authorize another person to conduct a wholesale business or market business with the registration number that has been issued to such business; (3) conduct a wholesale business or market business under any name other than the name under which such business has been registered; (4) violate applicable federal, state or city laws or regulations; (5) in the case of a wholesale business or market business, fail to notify the Commission of any change in the information pursuant to 17 RCNY § 11-15; (6) associate with a person whom such person knows or should know is a member or associate of an organized crime group (a person who has been identified by a federal, state, or local law enforcement agency as a member or associate of an organized crime group shall be presumed to be a member or associate of an organized crime group); (7) make, file or submit a false or misleading statement to the Commission or to any other government agency or employee; (8) threaten or attempt to intimidate a customer or prospective customer; (9) retaliate against a customer or prospective customer of any business in the market or against any person who has made, or who is associated with any person who has made, a complaint concerning conduct involving the market to the Commission or any other governmental entity; (10) falsify any business record; (11) in the case of a wholesale, market or other business, continue to employ a person who is required to have but does not possess a valid photo identification card in accordance with the provisions of this subchapter, or whose photo identification card has been revoked or suspended; (12) utilize any motor vehicle in connection with a business operating in the market that is not properly registered with the New York State Department of Motor Vehicles and insured in accordance with 17 RCNY § 11-09; (13) engage in any unfair labor practice under federal or state labor law; (14) refuse to respond to an inquiry from the Commission; (15) violate or fail to comply with any order or directive of the Commission; or (16) fail to pay any fines or civil penalties imposed by the Commission or any court or administrative tribunal of competent jurisdiction for violations of Chapter 1-B of Title 22 of the Code or this subchapter. (Amended City Record 10/28/2019, eff. 11/27/2019)

17 RCNY § 11-20 Notice.

§ 11-20 Notice. Unless otherwise provided, all notices pursuant to Chapter 1-B of Title 22 of the Code or this subchapter, including but not limited to notice related to hearings, violations, and subpoena, may be served by first class mail addressed to the business address provided to the Commission by the applicant, registrant, or photo identification card holder. All such notices served on an employee or agent may be served by first class mail to the address listed for such employee or agent in the information provided to the Commission. Such notice also may be served by personal service or in any other manner reasonably calculated to achieve actual notice, including but not limited to any method authorized in the Civil Practice Law and Rules. (Amended City Record 3/6/2018, eff. 4/5/2018)

17 RCNY § 11-21 Administrative Hearings.

§ 11-21 Administrative Hearings. (a) Hearings on the violation of any provision of Chapter 1-B of Title 22 of the Code or any provision of the rules promulgated pursuant to such chapter may be conducted by the Environmental Control Board or by other administrative tribunal of competent jurisdiction, and shall be held pursuant to the procedures for adjudication set forth in the rules of such Board or tribunal. (b) Where a hearing is conducted in relation to the suspension or revocation of a photo identification card or registration, such hearing shall, at the discretion of the Commission, be conducted by the Commission, a hearing officer or by the Office of Administrative Trials and Hearings. (1) Where such hearing is conducted by the Commission or a hearing officer, such hearing shall be conducted as follows: (i) The hearing officer or the Commission shall set a time and place for such hearing and the respondent shall be provided with notice of such time and place no less than ten (10) days prior to the date of the hearing, except that in the case of an immediate suspension requiring an expedited hearing pursuant to § 22-261 of the Code, such notice shall be provided no later than one (1) business day following such suspension. (ii) All parties shall be afforded due process of law, including the opportunity to be represented by counsel, to issue subpoenas or request that a subpoena be issued, to call and examine witnesses and to present arguments on the law and facts. Relevant material and reliable evidence may be admitted without regard to technical or formal rules or laws of evidence. (iii) All persons giving testimony as witnesses shall be placed under oath. (iv) The Chairperson, or his or her designee, or the hearing officer, as the case may be, shall preside over the hearing and shall have all powers necessary to conduct a fair and impartial hearing, to avoid delay in the disposition of proceedings, and to maintain order, including but not limited to the following: to compel the attendance of witnesses and the production of documents; to issue orders for discovery upon motion for good cause shown; to rule upon offers of proof and receive evidence; to regulate the course of the hearing and the conduct of the parties and their counsel therein; to hold conferences for the purposes of settlement or any other purpose; and to examine witnesses. (v) The hearing officer or the Commission, as the case may be, shall arrange for the hearing to be either stenographically transcribed or mechanically recorded. The transcript or recording and all exhibits received in evidence shall constitute the hearing record. (vi) When the hearing is conducted by a hearing officer, as soon as possible after the hearing, the hearing officer shall present recommended findings of fact and a recommended decision to the Commission. The Commission shall then make its final determination and notify the respondent of such determination. When the hearing is conducted by the Commission, the Commission shall make a final determination and notify the respondent of such determination. (vii) Failure of a respondent to make a timely written response, appear or proceed as required by the hearing officer or the Commission, as the case may be, shall constitute a default. When the hearing is conducted by a hearing officer, upon default the hearing officer shall make recommended findings and a recommended decision as is appropriate under the pleadings and such evidence as he or she shall have received. The Commission shall then make a final determination and notify the respondent of such determination. Where the hearing is before the Commission, upon default the Commission shall make a final determination and shall notify the respondent thereof. (2) Where such hearing is conducted by the Office of Administrative Trials and Hearings, such hearing shall be governed by the rules of procedure utilized by that tribunal. After the conclusion of the hearing, the Office of Administrative Trials and Hearings shall issue proposed findings and a report and recommendation to the Commission. The Commission shall review such findings and report and recommendation and shall issue a final determination. The Commission shall notify the respondent in writing of its determination.

17 RCNY § 11-22 Fines and Penalties.

§ 11-22 Fines and Penalties. (a) The Commission may issue a notice of violation to any person, including a wholesale business, market business, or wholesale trade association, or any of their principals, employees, agents or officers, for the violation of any provision of Chapter 1-B of Title 22 of the Code or this subchapter. Any person who violates any such provision shall be subject to the civil and criminal fines and penalties and injunctive relief as provided in § 22-258 of the Code. (b) A wholesale business, market business, or wholesale trade association shall be jointly and severally liable for any violation of Chapter 1-B of Title 22 of the Code or of this subchapter committed by any of its officers, employees and/or agents acting within the scope of their employment. (c) All penalties are in dollar amounts. Repeat penalties apply to violations of the same subdivision penalty schedule description. Second, third, fourth, fifth and subsequent ("subs.") violations are defined as a violation by the same respondent on a date within five years of the date of occurrence of the previous violation. (d) An asterisk (*) in the penalty schedule denotes availability of a mail-in penalty. Mail-in penalties are only available for a first offense. Where a mail-in penalty exists in this penalty schedule for the cited violation, a respondent may admit to the violation charged and pay the penalty by mail in the manner and time directed by the summons. Payment in full is deemed an admission of liability and no further hearing or appeal will be allowed. Where a respondent is permitted to admit and pay by mail but fails to do so prior to the original hearing date written on the violation, the respondent will have the option of paying the mail-in penalty, plus a late admit fee of $30.00, within 30 days of the mailing date of the default order issued against respondent. (e) The table below sets forth the penalties imposed in connection with summonses issued by the Commission in public wholesale markets. Particular violations are classified as indicated in the following table: Code / Rule Section Description Mail-In Penalty 1st Offense Penalty After Hearing Repeat Penalty Default Penalty 17 RCNY § 11-06(a) Failure to obtain identification card None $350 2nd $750 3rd $1,500 Subs. $3,000 $10,000 17 RCNY § 11-06(c)* Failure to produce ID card upon demand $250 $500 2nd $500 3rd $1,000 4th $2,500 5th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-09(a)* Improper transfer of registration number $3,000 $5,000 Subs. $10,000 $10,000 17 RCNY § 11-09(b)* Failure to affix and prominently display registration certificate $500 $1,000 2nd $1,500 3rd $2,500 4th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-09(c)* Failure to maintain books, records, etc. $1,500 $2,500 2nd $3,000 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-09(c)* Failure to retain books, records, etc., and make available for inspection $500 $750 2nd $1,000 3rd $2,500 4th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-15(a)* Failure to notify Commission of material changes of info submitted in application $1,500 $2,500 2nd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-16(c)* Unauthorized sublease of registration number, premises, and/or business $3,000 $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(1)* Interference with lawful duties of Market Manager or his/her staff None $10,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(1)* Interference with/obstruction of orderly function of Market $3,000 $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(2)* Interference with/obstruction of any operation, etc., of registrant $750 $1,000 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(3)* Improper disposal of litter, rubbish, or refuse $250 $350 2nd $500 3rd $1,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(4)* Public urination and/or defecation $350 $500 2nd $1,500 3rd $3,500 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(5)* Improper damage, removal, or destruction of property $500 $1,000 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(6)* Engagement/instigation of fight or other disturbance $1,000 $1,500 2nd $3,500 3rd $7,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(7)* Commission of any act injurious to any person, animal or property $1,000 $1,500 2nd $3,500 3rd $7,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(8)* Possession of dangerous instruments and/or explosives $1,000 $1,500 2nd $3,500 3rd $7,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(9)* Gambling $250 $350 2nd $1,500 3rd $3,000 4th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(10)* Misrepresentation of merchandise offered for sale $500 $1,000 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(11)* Sale of prohibited items $750 $1,500 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(12)* Discharge into tidal water, sewage, or drainage that may result in the pollution of water $250 $500 2nd $1,000 3rd $2,500 4th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(13)* Causing damage to or clogging of drains or sewers $250 $500 2nd $1,000 3rd $2,500 4th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(14)* Disobeyance of lawful order of employee of Commission or City $750 $1,500 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(a)(14)* Violation any lawful notice of Commission or other City agency $750 $1,500 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(b)(3)* Conducting of business using unregistered name $3,000 $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(b)(4)* Violation of any applicable Federal, State, or City law or regulation $1,000 $1,500 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(b)(8)* Threat or attempt to intimidate any customer $1,500 $3,000 2nd $5,000 3rd $7,500 Subs. $10,000 $10,000 17 RCNY § 11-19(b)(11)* Employment of individuals without approved ID cards None $500 2nd $750 Subs. $1,000 $10,000 17 RCNY § 11-19(b)(12)* Use of unregistered/uninsured vehicle $500 $750 2nd $1,000 3rd $2,500 4th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(b)(13)* Engagement in an unfair labor practice $1,000 $1,500 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 17 RCNY § 11-19(b)(15)* Violation or failure to comply with any order or directive of the Commission $375 $500 2nd $750 3rd $1,000 Subs. $10,000 $10,000 17 RCNY § 11-25(a)* Failure to obey and/or comply with traffic directions $250 $500 2nd $1,000 3rd $2,500 4th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-25(b)* Obstruction of traffic $250 $500 2nd $750 3rd $1,000 4th $2,500 5th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-25(c)* Failure to remove disabled vehicle $250 $500 2nd $750 3rd $1,000 4th $2,500 5th $5,000 Subs. $10,000 $10,000 17 RCNY § 11-25(e)* Failure to comply with traffic laws $500 $1,000 2nd $2,500 3rd $5,000 Subs. $10,000 $10,000 Admin. Code § 22-252(a) Failure to obtain identification card None $500 2nd $1,500 3rd $2,500 Subs. $5,000 $5,000 Admin. Code § 22-253(a) Failure to register wholesale and/or market businesses None $1,000 2nd $2,500 Subs. $5,000 $5,000 Admin. Code § 22-262 Failure to surrender and/or cease using registration certificate and/or number None $5,000 Subs. $5,000 $5,000 Admin. Code § 22-262 Failure to surrender and/or cease using identification card None $1,500 2nd $2,500 Subs. $5,000 $5,000 (Amended City Record 10/17/2018, eff. 11/16/2018; amended City Record 10/28/2019, eff. 11/27/2019)

17 RCNY § 11-23 Commission Delegations to the Chairperson.

§ 11-23 Commission Delegations to the Chairperson. The Commission may by resolution delegate to the Chairperson any authority of the Commission set forth in this subchapter or Chapter 1-A of Title 22 of the Code that is lawful and appropriate to delegate. Such resolution shall state the authority delegated and the extent of such delegation, including any limitations on the authority delegated.

17 RCNY § 11-24 Additional Powers of the Commission.

§ 11-24 Additional Powers of the Commission. In addition to the other powers of the Commission, the Commission shall have the following powers: (a) Entry into any market may be regulated by the Commission. No fee shall be charged for entry into a market or for parking therein, nor shall any existing fee be increased, unless the Commission shall have first approved the amount of such fee. The Chairperson may delegate the authority to approve the amount of such fee to the Department of Small Business Services or the Economic Development Corporation. The Commission may establish or authorize the establishment of an identification card and pass system as a prerequisite for entry of any persons into any market.

17 RCNY § 11-25 Traffic Regulation and Parking Within the Market.

§ 11-25 Traffic Regulation and Parking Within the Market. (a) All persons operating a vehicle within the market shall obey and comply with any traffic direction of any police officer or employee of the Commission indicated by gesture or otherwise and with any parking or traffic sign posted by the Commission or other City agency. (b) No person shall obstruct the movement of traffic or stop, stand or park a vehicle, freight car or other conveyance except in designated places. (c) All disabled vehicles must be promptly removed from paved roadways and removed from the market within three (3) hours. If not removed, such vehicles will be removed by City personnel or licensed tow operators at the expense of the vehicle owner. (d) No person shall grease, lubricate or make repairs, except of a minor and emergency nature, to any vehicle within the market without prior notification to the Commission. (e) All persons operating a vehicle within the market shall operate such vehicles at all times in full compliance with all New York State and New York City traffic laws, rules and regulations and all laws, rules and regulations and procedures of any other government agency having jurisdiction over motor vehicles.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-33494Fetched: 10/24/2026

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