§ 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\napplic
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