Adjudication of Summonses for Certain Tobacco and Synthetic Marijuana Violations

Adopted Rules: Closed to Comments

Effective Date: 
Sunday, July 23, 2017
Agency:
Download Copy of Adopted Rule (.pdf): 

 STATEMENT OF BASIS AND PURPOSE

 The Department of Finance is proposing rules related to Local Law 97 of 2013, Local Law 95 of 2015 and Local Law 97 of 2015.

 The Sensible Tobacco Enforcement Law (“STE Law”) (Local Law 97 of 2013) amended Titles 11 and 17 of the New York City Administrative Code (“Code”).  The law added new tobacco violations to Title 17 of the Code and authorized the Department of Finance (“Department”) to enforce these new and other existing tobacco violations, including the issuance of Summonses (also known as Notices of Violation).  The STE Law also authorized the Commissioner of Finance (“Commissioner”) to establish an adjudicative body or select an administrative tribunal to adjudicate these violations and to promulgate rules relating to such violations under Title 17 of the Code.  Additionally, the STE Law amended Titles 11 and 20 of the Code to authorize the Commissioner and the Commissioner of Consumer Affairs to order the sealing of premises when multiple violations within a prescribed period occur on the premises.

Thereafter, Local Law 97 of 2015 amended Title 10 of the Code by adding a new § 10-203, which prohibits the manufacture, distribution or sale, and the possession with intent to sell, of any synthetic cannabinoid or synthetic phenethylamine (known as “synthetic marijuana” or “K2”).  Among other things, Local Law 97 of 2015 imposed civil penalties for the violation of these prohibitions.  Local Law 95 of 2015 amended this new § 10-203 by authorizing the suspension or revocation a cigarette dealer’s license for violating § 10-203. The civil penalties set forth in the law may be adjudicated in a proceeding before a tribunal established within the Office of Administrative Trials and Hearings (“OATH”) or within an agency designated to conduct such proceedings.  The Department is authorized by this local law to establish rules to carry out its provisions.