Display of License and Complaint Sign
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
Section 2203(e) of the New York City Charter and Section 20-104(b) of the Administrative Code give the Commissioner the power to promulgate, amend and modify rules and regulations necessary to carry out the powers and duties of the Department. Section 20-114(b) of the Administrative Code requires all licensees to conspicuously post licenses at their premises. Section 20-224(b) of the Administrative Code gives the Commissioner authority to establish rules and regulations regarding sidewalk cafes.
Sections 1-03 and 1-04 of Title 6 of the Rules of the City of New York require that licensees conspicuously post at their place of business both a general complaint sign with key information about the business and the Department, and their actual license. The Department intends to streamline this requirement by merging the required sign and the printed license into a single consolidated document, which will be provided to licensees by the Department. This will make information clearer to consumers, will make compliance easier for businesses, and will make it more efficient for the City by eliminating the need to print multiple signs. Section 1-103(a) the proposed rule maintains an exception to the requirement to post license and complaint information for licenses for activities carried out at- large, which was formerly contained in section 1-03(c), but adds that licensees without a fixed place of business must show the license upon request. The proposed rule also provides that sidewalk cafes only need to post a single sign, provided by the Department, that will list the maximum number of tables and chairs the sidewalk cafe is permitted to have, license information, contact information for the Department, and other information as deemed appropriate.
The Department intends to gradually phase in the new signs beginning on September 30, 2013 over a period of not more than three years. Once the Department has issued a licensee the new consolidated license and complaint sign, it must be displayed by that licensee. The Department intends to begin issuing the new consolidated signs to new licensees and to current licensees upon renewal of their licenses, after September 30, 2013. Until the consolidated document is issued to a current licensee, both the current complaint sign and the license document must continue to be displayed.