Proposed Amendments to the Penalty Schedule

Proposed Rules: Open to Comments

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Comment By: 
Monday, April 6, 2020
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Statement of Basis and Purpose of Proposed Rule

The Department of Consumer Affairs (“DCA” or “Department”) is proposing amendments to conform the Department’s penalty schedules to other sections of the Rules and to the Administrative Code.  These amendments affect the penalty schedules related to electronic cigarette retail dealers, sidewalk stands, electronic stores, etching acid, motorized scooters, employment agencies, air conditioning prohibitions, and bail bond agents.  Specifically, the Department is proposing to:

·        

Amend the electronic cigarette retail dealer penalty schedule to implement Local Law 228 of 2019, which prohibited the sale of flavored electronic cigarettes and flavored e-liquids.  The penalties for these new violations are found in section 17-716(b) of the Administrative Code.  (Section 1).

·        

Amend the sidewalk stands penalty schedule to add violations relating to newsstands that exist in the Administrative Code and Rules but are currently missing from the penalty schedule.  (Section 2).

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Reduce the penalty amounts for violations of section 20-485.5(b) of the Administrative Code relating to electronic stores.  Currently, the penalty schedule in section 6-35 of the Rules provides for maximum penalties of $500 for all 20-485.5 violations.  However, 20-485.5(b) states that “the civil penalties imposed for a violation of this subdivision shall be those provided for violations of section 20-708 of this title.”  The penalties for violations of section 20-708, provided by section 20-711, are a maximum of $250.  (Section 3).

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Change the recidivism period from 2 years to 1 year for violations related to etching acid.  Currently, the penalty schedule in section 6-40 of the Rules provides for a recidivism period of 2 years.  However, section 20-616 of the Administrative Code provides for a 1-year recidivism period.  (Section 4).

·        

Change the recidivism period from 2 years to 1 year for violations related to motorized scooters.  Currently, the penalty schedule in section 6-55 of the Rules provides for a recidivism period of 2 years.  However, section 20-762(c) of the Administrative Code provides for a 1-year recidivism period.  (Section 5).

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Eliminate a reference in section 6-59 of the Rules, the penalty schedule for employment agencies, to the Administrative Code containing two subchapters numbered 14 in chapter 5.  The Administrative Code no longer contains this mistaken organizational structure.  These proposed amendments would also add an entry for a violation of NY General Business Law section 189, the penalties for which are provided by section 189(5).  (Section 6).

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Change the recidivism period of 2 years to 18 months for violations related to air conditioning prohibitions.  Currently, the penalty schedule in section 6-63 of the Rules provides for a recidivism period of 2 years.  However, section 20-910(e)(ii) of the Administrative Code provides for an 18-month recidivism period.  (Section 7).

·        

Change the recidivism period of 1 year to 2 years for violations related to bail bond agents.  Currently, the penalty schedule in section 6-71 of the Rules provides for a recidivism period of 1 year.  The Administrative Code is silent as to the recidivism period of bail bond agent violations (see section 20-835).  The Department’s default recidivism period is 2 years unless the Administrative Code provides otherwise.  (Section 8). 

Sections 1043 and 2203(f) of the New York City Charter, sections 20-104(e), 20-487, 20-615, 20-702, and 20-833 of the New York City Administrative Code, and section 12 of Local Law 228 of 2019 authorize the Department of Consumer Affairs to make these proposed rules.

Public Hearing
Subject: 

The Department of Consumer Affairs (“DCA” or “Department”) is proposing amendments to the Department’s penalty schedules, including those related to electronic cigarette retail dealers, sidewalk stands, electronic stores, etching acid, motorized scooters, employment agencies, air conditioning prohibitions, and bail bond agents.

Public Hearing Date: 
Monday, April 6, 2020 - 10:30am
Contact: 

Carlos Ortiz, 212 436 0345, cortiz@dca.nyc.gov

Location: 
Department of Consumer Affairs
please dial 712-770-4010, and use the access code 789 503.