Subchapter 32 - BOOTING OF MOTOR VEHICLES¶
§ 20-531 License required; definitions. a. 1. No person shall engage in booting without having first obtained a license therefor pursuant to this subchapter. 2. Notwithstanding the provisions of paragraph one of this subdivision, an individual shall not require a license issued pursuant to this subchapter where such individual is an employee of and is authorized or directed to engage in booting by a person required to be licensed by this subchapter. b. For the purposes of this subchapter, the following terms shall have the following meanings: 1. "Boot" or "booting" shall mean the act of placing on a parked motor vehicle a mechanical device that is designed to be attached to the wheel or tire or other part of such vehicle so as to prohibit its usual manner of movement; 2. "Person" shall mean any individual, partnership, corporation, association, firm or other business entity; and 3. "Private parking lot" shall mean any area of private property near or contiguous to premises having one or more stores or business establishments which is used for the parking of motor vehicles of customers or patrons or any one who frequents such stores and business establishments, but shall be limited to such areas as are provided to the public without charge. c. No licensee shall boot, permit or authorize booting in violation of the provisions of this subchapter or section 19-169.2 of this code or any rule promulgated pursuant to this subchapter or section 19-169.2 of this code. d. A licensee shall be liable for any violation by such licensee's employees or agents of this subchapter, section 19-169.2 of this code or any rule promulgated pursuant to this subchapter or section 19-169.2 of this code.
§ 20-532 Application; fingerprinting; fee; term. a. An application for any license required under this subchapter or for any renewal thereof shall be made to the commissioner in such form and manner as the commissioner shall prescribe by rule. An applicant for any such license shall be fingerprinted by the department for the purpose of securing criminal history records from the state division of criminal justice services and shall pay a processing fee as required by the state division of criminal justice services. Where the applicant is a sole proprietorship, fingerprints shall be taken of the owner thereof; where the applicant is a partnership, fingerprints shall be taken of the general partners thereof; where the applicant is a corporation, association, firm or other business, fingerprints shall be taken of the officers, principals, directors, and stockholders of more than ten percent of the outstanding stock. Any person required to be fingerprinted hereunder shall furnish to the department three current passport size photographs of such persons. Notwithstanding the foregoing, the commissioner need not require applicants for licenses required under this subchapter to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice services. b. There shall be a biennial fee for a license pursuant to this subchapter which shall be three hundred and forty dollars. c. All licenses issued pursuant to this subchapter shall expire on December thirty-first, in odd-numbered years, unless sooner suspended or revoked. d. The commissioner may refuse to issue any license required under this subchapter if such applicant or any employee or agent of such applicant has engaged in conduct which would constitute a basis for license suspension or revocation under this title.
§ 20-532.1 Bond required. As a condition of the issuance of a license to engage in booting, each applicant for such license or a renewal thereof shall furnish to the commissioner a surety bond in the sum of five thousand dollars, payable to the city of New York, executed by the applicant and a surety approved by the commissioner. Such bond shall be conditioned upon the applicant's compliance with the provisions of this subchapter, section 19-169.2 of this code or subchapter one of chapter five of this title and any rules promulgated thereunder, and upon the further condition that the applicant will pay to the city any fine, penalty or other obligation relating to a violation of this subchapter, section 19-169.2 of this code or subchapter one of chapter five of this title and any rules promulgated thereunder, within thirty days of its imposition, or any final judgment recovered by any person whose motor vehicle was booted by the applicant and was damaged thereby. The commissioner may in his or her discretion, after a public hearing upon five days notice published in the City Record, increase the amount of the surety bond required by this section to an amount not to exceed twenty-five thousand dollars. The commissioner may by rule authorize an applicant, in lieu of furnishing a bond, to satisfy the requirements of this section by depositing cash in an amount equal to the amount of the surety bond required by this section or by rule of the commissioner.
§ 20-533. Suspension, revocation and renewal of licenses. After due notice and opportunity to be heard, the commissioner may suspend, revoke or refuse to renew any license required by this subchapter upon a determination that the licensee or any employee or agent of such licensee has violated any provision of this subchapter, section 19-169.2 of this code or any rule promulgated pursuant to this subchapter or section 19-169.2 of this code.
§ 20-534 Records. Every person licensed to engage in booting shall maintain books, records, ledgers, receipts, bills and such other written records as the commissioner may prescribe by rule. Such records shall be made available for inspection by the commissioner at his or her request at either the licensee's place of business or at the offices of the department.
§ 20-535 Charges and release of vehicles. a. The charge to release a motor vehicle that has been booted on a private parking lot shall be no more than twenty-five dollars. Notwithstanding the provisions of any other law, where a motor vehicle has been booted on a private parking lot and subsequently towed from such parking lot, no additional charge may be imposed for the towing of such vehicle. b. Any person who has booted a motor vehicle shall release such vehicle within thirty minutes of receiving a request for such vehicle's release; provided, however, that payment of any charge for booting is made at or prior to the time of such vehicle's release. c. The owner or person in control of a vehicle which has been booted by a licensee or such licensee's employee or agent shall be permitted to pay any charge for booting at the location where such vehicle was booted and the licensee, or other person authorized to accept payment, shall accept such payment, in person by credit card in accordance with generally accepted business practices.
§ 20-536 Enforcement and penalties. Authorized employees of the department, or the department of transportation, or any police officer, shall have the power to enforce any provision of this subchapter or any rule promulgated pursuant thereto. Any person who violates any provision of this subchapter or any rule promulgated pursuant thereto shall be liable for a civil penalty of not less than five hundred nor more than one thousand dollars.
§ 20-537 Rules. The commissioner shall promulgate such rules as the commissioner deems necessary to effectuate the provisions of this subchapter.
§ 20-538 Applicability. The provisions of this subchapter shall not apply to the booting of a motor vehicle by: a. The city, any other governmental entity, or a person acting under the direction of the city or such governmental entity, when such booting is authorized by any other provision of law or any rule or regulation promulgated pursuant thereto; or b. Any person who has a lien pursuant to section 184 of the lien law and who detains such motor vehicle in his or her lawful possession.