Licensing – Causes for Denial or Revocation.
35 RCNY § 59B-08
in effect§ 59B-08 Licensing – Causes for Denial or Revocation.
(a) Material Misrepresentation.
(1) The Commission can deny an application for a License or its renewal and revoke or suspend any License issued if it finds that an Applicant has made a material misstatement or misrepresentation on an application for a License or its renewal.
(2) The Commission must send notice and conduct a hearing before revoking or suspending any License already issued.
(b) Violation of NYS Franchise Act.
(1) The Commission will not grant a License or renew a License when the base owner is offering and selling franchises in violation of the New York Franchise Sales Act (for the purposes of this subdivision, "Act").
(2) The Commission can also suspend or revoke the License of any Base Owner found to have violated the Act.
(3) In determining whether a Base Owner is in violation of the Act, the Commission can rely upon the written advice of the New York State Department of Law certifying to the Commission that the Base Owner is in violation of the Act.
(c) In determining whether a Base Owner is in violation of the Act, the Commission can rely upon the written advice of the New York State Department of Law certifying to the Commission that the Base Owner is in violation of the Act.
(d) Livery Base Station-Criteria for Reviewing New Application. In reviewing an application for a License to operate a Livery Base Station, the Commission will examine and consider the following factors:
(1) Any negative impact on Other Transportation Systems, including:
(i) The adequacy of existing mass transit and mass transportation facilities to meet the transportation needs of the public
(ii) Any negative impact that the proposed operation might have on those existing services
(iii) The extent and quality of service provided by existing, legally operating For-Hire Vehicles and Taxicabs
(2) Any negative impact on quality of life in the vicinity of the Base Station, including: (i) Traffic congestion
(ii) Sidewalk congestion
(iii) Noise.
(e) Livery Base Station – Compliance with Rules.
(1) In reviewing an application to renew a Base Station License, the Commission will consider whether the Licensee has violated any applicable Rule of the Commission.
(2) No Livery Base Station will be renewed if the Applicant has been found guilty of violating the off-street parking requirements described in 35 RCNY § 59B-15(j).
(f) Revocation for Livery Fund violations.
(1) No Livery Base Station License will be issued to an Applicant if a Livery Base Station License previously held by Applicant was revoked for violations of Article 6-G of the NYS Executive Law.
(2) A Livery Base Station License previously held by an Applicant includes any Livery Base Station License held by any Licensee in which any of Applicant's Limited Business Entity Persons was also a Limited Business Entity Person.
(3) The ban on issuance will continue for five years following the revocation, and until
(i) Any money owed to the Livery Fund on the account of the revoked License is paid or
(ii) The Livery Fund agrees on a payment plan for money owed to it.
(g) Failure to Complete Application Requirements.
(1) The Chairperson will deny an application for a new Black Car Base or Luxury Limousine Base License if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.
(2) The Chairperson will deny an application for a renewal Black Car Base or Luxury Limousine Base License if the Applicant has not completed all the requirements of an application by the expiration date of the prior License.
(3) The Chairperson will deny an application for a new or renewal Livery Base Station License if the Applicant has not completed all the requirements of an application and has not completed all the requirements for Licensing as a Livery Base Station set forth in 35 RCNY § 59B-05 within 90 days of Commission approval of the application.
(4) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.
(h) Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License to operate a Base Station, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.
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/0-0-0-68826Fetched: 10/24/2026
