Amendment of Consumer Affairs Penalty Schedule

Adopted Rules: Closed to Comments

Effective Date: 
Wednesday, February 13, 2019
Agency:
Keywords:

Statement of Basis and Purpose of Rule

The Department of Consumer Affairs is amending Subchapter B of Chapter 6 of Title 6 of the Rules of the City of New York, which establishes fixed penalties for the violations of the laws and rules, as follows.

First, DCA amends its penalty schedule for tobacco retail dealers at Section 6-12 of Subchapter B, Chapter 6, of Title 6 of the Rules of the City of New York by adding a penalty provision for violations of 24 RCNY § 13-03.  The Department of Health and Mental Hygiene recently adopted rules related to the price floors for certain tobacco products and non-tobacco shisha.  These rules can be found at Sections 13-02 to 13-03 of Title 24 of the Rules of the City of New York.  DCA will be enforcing these new rules.  The penalties for violations of these rules are provided by Section 17-176.1(f) of Title 17 of the New York City Administrative Code.  

Second, DCA amends the penalty schedule for electronic or home appliance service dealers located at Section 6-31 of Subchapter B of Chapter 6 of Title 6 of the Rules of the City of New York.  Recently, DCA amended Section 2-253 of Title 6 of the Rules of the City of New York to eliminate a violation relating to electronic and home appliance service dealers, which was set forth as 6 RCNY § 253(a)(3).  DCA now updates the penalty schedule to incorporate this recent change by deleting the reference to that repealed provision and updating the penalty schedule to reflect the renumbering of the required notice provision.

Third, DCA amends the penalty schedule for the consumer protection law located at Section 6-47 of Subchapter B of Chapter 6 of Title 6 of the Rules of the City of New York.  This penalty schedule will now contain an entry for violations of Part 7 of Subchapter A of Chapter 5 of the Rules of the City of New York relating to sales and discounts – namely, 6 RCNY § 5-87 through 6 RCNY § 5-103.  The penalties for such violations are contained in Section 20-703(a) of the New York City Administrative Code.

Fourth, DCA amends the penalty schedule for public safety violations located at Section 6-61 of Subchapter B of Chapter 6 of Title 6 of the Rules of the City of New York.  This penalty schedule will now contain an entry for violations of Section 10-117(d) of the Administrative Code, which prohibits displaying aerosol spray paint cans, broad tipped indelible markers or etching acid.  The penalties for such violations are contained in Section 10-117(g), and DCA’s authority to enforce is contained in Section 10-117(h).

Finally, Local Law 142 of 2013 amended Title 16 of the New York City Administrative Code to restrict the sale of certain expanded polystyrene items.  Local Law 142 grants to the Department, among others, the power to enforce these restrictions.  To implement Local Law 142, DCA adds a new rule, Section 6-70, to Subchapter B, Chapter 6, of Title 6 of the Rules of the City of New York, to establish fixed penalties for violations of this law.