Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General. To obtain a dispatcher's certificate a person shall
complete and file Form SA-1 "Sale Application" in person with the Director
along with the application fee as provided in §
§
1001.42 and
1001.43 (relating to mode of
payment to the Authority; and Authority fee schedule). The SA-1 may be obtained
on the Authority's web site at www.philapark.org/tld.
(1) The applicant for a dispatcher's
certificate shall execute the SA-1 in the presence of the Director or a
designee. If the applicant is not an individual, the application must include
an original executed and notarized resolution from the applicant authorizing
the execution and filing of the SA-1 application.
(2) The Director will refuse to accept an
application which is incomplete for any reason.
(3) Upon acceptance, the Director will submit
a copy of the application documents to the Clerk and an application docket
number will be assigned.
(b)
SA-1 application. The
completed SA-1 shall be verified as provided in §
1001.36 (relating to verification
and affidavit) and be filed with the Director in person by the owner of the
applicant and include all of the information required by the Authority:
(1) The name of the applicant and contact
information, including a mailing address, a business address of the exact
location of dispatch operations, a telephone number, an email address and a
facsimile number.
(2) An
identification of the applicant as an individual or a person as provided in
§
1001.10 (relating to
definitions).
(3) If the applicant
is not an individual, the following must be included:
(i) The articles of incorporation, operating
agreement, formation documents or other applicable organizing documents for the
applicant.
(ii) A certificate of
good standing for the applicant from the Bureau of Corporations and Charitable
Organizations.
(iii) A copy of the
Department of State's entity page for the applicant.
(iv) The trade name, if any, of the applicant
and a copy of the trade name registration certificate, if applicable.
(v) The name of a holding company as defined
in §
1011.2 (relating to definitions)
having an interest in the proposed buyer and a contemporaneous certificate of
good standing for the holding company from the Bureau of Corporations and
Charitable Organizations, or similarly authorized entity in another
jurisdiction in the United States.
(4) The mailing address and physical address
of the applicant, if different.
(5)
A list of all Authority or PUC certificates or other rights in which the
applicant or any person with a controlling influence in the applicant has any
controlling interest, including taxicab medallions.
(6) The name, address, telephone number,
facsimile number and email address of any attorney or broker, or both,
assisting the applicant through the Authority's dispatcher certification
process.
(7) A criminal history
report issued within 30 days of the filing of the application from any
jurisdiction in which all of the following individuals have lived during the
last 5 years through the date of application:
(i) An individual applicant.
(ii) Any person with a controlling interest
in the applicant.
(iii) Each key
employee.
(8) A written
statement verified as provided in §
1001.36, which provides that:
(i) The applicant, each person with a
controlling interest in the applicant and each key employee have not been
subject to a conviction as provided in § 1001.10.
(ii) The applicant, each person with a
controlling interest in the applicant and each key employee are in compliance
with §
1011.7 (relating to payment of
outstanding fines, fees and penalties).
(iii) The applicant, each person with a
controlling interest in the applicant and each key employee are current on all
reports due in relation to other rights issued by the Authority.
(iv) The applicant can comply with the
requirements in §
1019.8 (relating to dispatcher
requirements).
(v) The proposed
buyer has read and understands the prohibitions of ownership as provided in
§
1011.5 (relating to ineligibility
due to conviction or arrest).
(9) A copy of the applicant's business
plan.
(10) A completed original of
Form DSP-3 "Business Experience Questionnaire." A copy of the DSP-3 may be
obtained on the Authority's web site at
www.philapark.org/tld.
(11) The Federal Tax Identification number of
the applicant.
(12) A list
including name, home address and telephone numbers for current corporate
officers, directors, stockholders, key employees and persons with controlling
interests as defined in § 1011.2, if applicable.
(c)
DSP-2 application. At
the time an SA-1 is filed, an applicant for a dispatcher's certificate shall
also file a DSP-2 "Dispatcher Colors and Markings Change/Application" as
provided in §
1019.7 (relating to name, colors
and markings review).
(d)
Financial fitness generally. The Authority will review the
financial fitness of the applicant for a dispatcher's certificate, including
all of the following:
(1) Bank statements of
the applicant for a dispatcher's certificate or bank statements of the holder
of stock or membership certificate evidencing ownership of a bank account not
less than the greater of $5,000 in unencumbered or available funds.
(2) The credit report of each of the persons
identified in subsection (b)(12) evidencing a credit score of at least 600 for
each person.
(3) The absence of any
outstanding and unappealed civil judgments against each person identified in
subsection (b)(12).
(4) The
Authority may require the submission of additional financial information
necessary to determine the financial fitness of an applicant for a dispatcher's
certificate.
(e)
Broker. Documents intended for submission to the Director as
part of the sale process shall be prepared by a broker registered with the
Authority as provided in Chapter 1029 (relating to brokers) or an attorney
admitted to practice law by the Supreme Court of Pennsylvania.
The provisions of this §1019.3 temporarily amended
under 53 Pa.C.S. § 57B 02.
This section cited in 52 Pa. Code §
1019.8 (relating to dispatcher
requirements).
