604. Special franchise reports to commissioner. 1. Every person, partnership, association or corporation acquiring a special franchise, hereinafter referred to in this article as a special franchise owner, shall within thirty days after such acquisition make a written report to the commissioner containing a full description of such special franchise, a copy of the special law, grant, ordinance or contract under which the same is held, or if acquired under a general law, a reference thereto, and a statement of any condition, obligation or burden imposed upon such special franchise, or under which the same is held, together with any other information relating to the value thereof which may be required by the commissioner.
2. The commissioner may require from any special franchise owner an annual report and, from time to time, a further or supplemental report, containing such information and data as it may specify.
3. Every report required by or pursuant to this section shall be subscribed by the person, one of the members of the partnership or the president, vice-president, secretary or treasurer of the association or corporation, as the case may be, making the same and affirmed by him as true under the penalties of perjury. The commissioner may prepare and require the use of forms for making such reports.
4. Every special franchise owner failing to make the report required by this section, or failing to make any report required by the commissioner pursuant to this section within the time specified by it, shall forfeit to the people of the state the sum of one hundred dollars for every such failure and the additional sum of ten dollars for each day that such failure continues, and shall not be entitled to review a special franchise assessment which is the subject of such report as provided in article seven of this chapter.
5. In addition to the provisions of subdivision four of this section, if a special franchise owner fails to furnish a report required by this section, or fails to make any report required by the commissioner pursuant to this section within the time specified, the commissioner may commence a special proceeding in the supreme court to compel such owner to furnish the report.
Last modified: February 3, 2019