It shall be unlawful for any person to be an employee or a principal working in a wholesale business or market business in a market unless such person has obtained a photo identification card issued by the commissioner pursuant to the provisions of this chapter or for a person to work on an occasional basis in a market unless such person has obtained a day pass issued by the commissioner. The commissioner shall set forth by rule the number of occasions within a specified time period that shall constitute occasional work to meet unanticipated needs of businesses in the market and shall make reasonable provision to delegate authority for the issuance of day passes on a twenty-four hour basis to persons hired to work by wholesalers and market businesses on an occasional basis. A photo identification card shall be in the possession of an employee or principal at all times when such person is in the market and shall be produced upon demand by an authorized employee or agent of the department, the department of investigation or the police department. The commissioner shall make provision for temporary photo identification cards to be issued pending the processing of applications for permanent photo identification cards and for the expedited issuance of photo identification cards to family members of principals of a wholesaler or market business and others who work on a seasonal basis. A temporary identification card shall cease to be valid, and shall be returned to the department, upon the refusal to issue a photo identification card pursuant to subdivision d of this section or denial of registration to the business in which the person applying for such identification card is a principal or is employed.
Terms Used In N.Y. New York City Administrative Code 22-252
- Applicant: shall mean , if a business entity submitting an application for registration, the entity and all the principals thereof; if an individual submitting an application for a photo identification card, such individual. See N.Y. New York City Administrative Code 22-251
- Commissioner: shall mean the commissioner of the New York city department of small business services. See N.Y. New York City Administrative Code 22-251
- Department: shall mean the New York city department of small business services. See N.Y. New York City Administrative Code 22-251
- Employee: shall mean a person who works or who expects to work in a market on a full-time, part-time or seasonal basis for a wholesaler or market business, but shall not include persons hired to work on an occasional basis. See N.Y. New York City Administrative Code 22-251
- 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 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 and shall continue to be public property notwithstanding that such public wholesale market is operated pursuant to a lease or other agreement with a non-governmental entity; except that the term "public wholesale market" shall not, unless otherwise set forth in this chapter, include any building, structure or place within the fulton fish market distribution area or other seafood distribution area as defined in section 22-202 of this code. See N.Y. New York City Administrative Code 22-251
- 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. See N.Y. New York City Administrative Code 22-251
- Principal: shall mean , of a sole proprietorship, the proprietor; of a corporation, every officer, director and stockholder holding ten percent or more of the outstanding shares of the corporation; of a partnership, all the partners; if another type of business entity, the chief operating officer or chief executive officer, irrespective of organizational title, and all persons or entities having an ownership interest of ten percent or more; and with respect to all business
entities, all other persons participating directly or indirectly in the control of such business entity. See N.Y. New York City Administrative Code 22-251
b. A photo identification card shall identify the business of which the individual is a principal or by which he or she is employed and shall be non-transferrable. Upon a change in employment within a market, an individual shall inform the department and the department shall issue a photo identification card reflecting such changed employment.
c. An application for a photo identification card shall be submitted on a form prescribed by the commissioner and shall contain such information as the commissioner shall determine is necessary to establish the identity and background of the applicant. A person required by this chapter to possess a photo identification card shall inform the commissioner of any subsequent material change in the information provided on such application, including but not limited to arrests and/or criminal convictions.
d. Notwithstanding any other provision of this section, where the commissioner has reasonable cause to believe that an applicant for a photo identification card lacks good character, honesty and integrity, the commissioner may require that such applicant be fingerprinted and provide to the commissioner the information set forth in subdivision a of section 22-259 of this chapter. The commissioner may thereafter, after notice and opportunity to be heard, refuse to issue a photo identification card for the reasons set forth in subdivision b of such section.
e. If at any time subsequent to the issuance of a photo identification card, the commissioner has reasonable cause to believe that the holder thereof does not possess good character, honesty and integrity, the commissioner may require such person to be fingerprinted and to provide the background information required by subdivision a of section 22-259 of this chapter and may, after notice and opportunity to be heard, revoke such photo identification card for the reasons set forth in subdivision b of such section.