§ 398-C — Registration required; application; fees and issuance of certificate of registration

§ 398-c. Registration required; application; fees and issuance of\ncertificate of registration. 1. Registration required. On and after the\nfirst day of November, nineteen hundred seventy-five, no person shall\noperate, or cause to have operated, a motor vehicle repair shop, unless\nsuch motor vehicle repair shop is registered in accordance with the\nprovisions of this article and unless such registration is currently\nvalid. The commissioner may request the attorney general to commence an\naction to enjoin the operation of any motor vehicle repair shop in\nviolation of this subdivision. A violation of this subdivision shall be\nheard and determined and shall be subject to penalties as provided in\nsection three hundred ninety-eight-i of this chapter.\n 2. Application. An application for a certificate of registration under\nthis section shall be filed with the commissioner, in such form and\ndetail as the commissioner shall prescribe, setting forth:\n (a) the name and the residence address of the applicant; if an\nindividual, the name under which he intends to conduct business; if a\nco-partnership, the name and residence address of each member thereof,\nand the name under which the business is to be conducted; if a\ncorporation where stock is not sold to the public on a stock exchange or\nover-the-counter market, the name of the corporation, the name and\nresidence address of each of the officers, directors and stockholders of\nthe corporation holding more than ten percent of the outstanding stock\nand the name under which the business is to be conducted if different\nfrom the name of the corporation; if a corporation whose stock is sold\nto the public on a stock exchange or over-the-counter market, the name\nand business address of the corporation, the name under which the\nbusiness is to be conducted if different from the corporate name and a\nseparate statement that the corporation is either registered in New York\nor is authorized to do business in this state.\n (a-1) appropriate certification or documentation from the municipality\nwhere the repair shop is located that the facility is in compliance with\napplicable zoning and planning regulations, fire regulations and\nbuilding codes. It shall be the responsibility of the applicant to\nprovide such documentation for the commissioner. The commissioner may\nwaive this requirement for applicants from municipalities without such\ncodes or regulations.\n (b) the place or places, including the complete address or addresses,\nwhere the business is to be conducted.\n (c) on and after January first, nineteen hundred ninety-one, an\nindication as to whether the applicant services motor vehicle\nair-conditioning systems and, if so, whether the applicant has purchased\napproved motor vehicle refrigerant recycling equipment or approved motor\nvehicle refrigerant recapturing equipment in accordance with section\n38-0107 of the environmental conservation law. Applicants who indicate\nthat they have purchased approved motor vehicle refrigerant recycling\nequipment must submit along with their application either a\nmanufacturer's certificate issued upon purchase or an invoice with proof\nof payment. All such documents shall contain the name and address of the\nrepair shop and manufacturer, the date purchased, and the serial numbers\nof the units acquired.\n (d) such further information as the commissioner may by rule\nprescribe.\n The commissioner may require the applicant to appear at such time and\nplace as may be designated by the commissioner for examination to enable\nhim to determine the accuracy of the facts set forth in the written\napplication, either for initial registration or renewal thereof. Where\nthe business is conducted under franchise, lease or other similar\narrangement, the commissioner, in his discretion, may require the\napplication to be submitted by the franchise holder, lessee or other\nperson actually responsible for conducting the business. Every\napplication under this section shall be affirmed as true by the\napplicant.\n 3. Fees and issuance of certificate of registration.\n (a) Every original application shall be accompanied by an application\nfee of ten dollars, which shall in no event be refunded. If an\napplication is approved by the commissioner, upon payment by the\napplicant of an additional fee of one hundred fifty dollars for each\nplace of business, the applicant shall be granted a certificate of\nregistration for each place of business, which certificate or\ncertificates shall be valid for a period of two years. The commissioner\nmay, however, in his discretion, issue such certificates of registration\non a staggered expiration basis, in which event the fees set forth\nherein shall be prorated on a monthly basis. In the event a certificate\nof registration is issued on a staggered expiration basis, it shall\nexpire on the date fixed by the commissioner. The biennial fee for\nrenewal of any certificate of registration issued pursuant to this\nsection shall be one hundred fifty dollars. The commissioner shall issue\na certificate of registration to each applicant pursuant to the\nprovisions of this article, which certificate shall be conspicuously\ndisplayed in the place of business of the registrant for which such\nregistration is issued. In the case of loss, mutilation or destruction\nof a certificate of registration, the commissioner shall upon\napplication issue a duplicate certificate thereof upon proof of the\nfacts.\n (b) If a certificate of registration under this section shall be\nissued in the names of two or more persons as partners and a change\noccurs in the membership of such partnership, the certificate of\nregistration shall not expire thereupon so long as any one of the\npersons named in such certificate is a member of the partnership or\ncarries on the business of the partnership as surviving member of the\npartnership; provided, however, that when any such change occurs and the\ncertificate of registration does not expire, the partners or surviving\nmember after such change shall forthwith file with the commissioner (i)\na statement regarding the change in such form and giving such\ninformation as the commissioner shall require or, where the change\ninvolves the addition of one or more new partners, (ii) a new\napplication as provided in subdivision two of this section. Such new\ncertificate of registration shall expire on the expiration date of the\none replaced.\n (c) If a certificate of registration under this section shall be\nissued and, subsequent thereto, the business name of any such shop is\nchanged, or in the event that the owners of a business incorporate said\nbusiness with no change in the actual ownership and operation thereof,\nsuch owner or owners thereof shall forthwith file with the commissioner\na statement regarding the change of name in such form and with such\ninformation as the commissioner shall require.\n (d) Fees assessed under this section shall be paid to the commissioner\nfor deposit to the general fund.\n 4. If an individual owner of a registered repair shop dies or is\nadjudged mentally incompetent, his executor or administrator or his\ncommittee may carry on the business by filing an amendment to the\napplication for registration. Every corporation whose stock is not sold\nto the public on a stock exchange or over-the-counter market shall file\nan amendment to its application for registration if there is any change\nin its officers, stockholders who hold more than ten percent of the\noutstanding shares, or directors. Every repair shop shall file an\namendment to its application for registration if it changes its\nlocation. Every such amendment shall be filed within thirty days of the\nevent.\n